2012-03-29 Agenda Review NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
AGENDA REVIEW MEETING AND CLOSED SESSION,MARCH 29,2012 PAGE 348
ASSEMBLY
The New Hanover County Board of Commissioners met for Agenda Review and a Closed Session Meeting
on Thursday, March 29, 2012, at 3:00 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.: Commissioner Jason R.
Thompson; Commissioner Brian M.Berger:and Commissioner Richard G. Catlin.
Staff present: County Attorney Wanda M. Copley; Clerk to the Board Sheila L. Schuh and County
Manager Bruce T. Shell.
REVIEW AND DISCUSSION OF AGENDA ITEMS
Chairman Davis called the Agenda Review to order and announced that the purpose of the meeting is to
review and discuss the Board's April 2, 2012, Regular Session meeting agenda. The Board reviewed the following
items:
Consent Agenda Item 2 -Ratification of the Submission of a Request for Quotation for the Inspection of
Public Pools and Spas. Health Director David Rice presented the request for the Board's consideration to ratify the
Request for Quotation submitted to the US Consumer Product Safety Commission in the amount of$16,000 for the
ongoing initial inspection of eighty public pools and spas to determine compliance with the Virginia Graeme Baker
Pool and Spa Safety Act. This is the third year of the request with no local match required.
Consent Agenda Item 3 - Ratification of Submission of a Grant Application to Fund Motivational
Interviewing Training. Health Director David Rice and Personal Health Sei ices Manager Carla Turner presented
the request for the Board's consideration to ratify the submission of a grant application to the North Carolina
Department of Health and Human Sei ices, Division of Public Health, Women's and Children's Health Section in
the amount of$7,000. If awarded,the fiords will be used to train staff in Motivational hrterviewing. No local match
is required.
Consent Agenda Item 4 -Acceptance of Grant Award from The Corporation for National and Community
Sei ice for the Retired Senior Volunteer Program. Parks, Gardens, and Senior Resources Director Jim McDaniel
presented the request for the Board's consideration to accept grant fiords from The Corporation for National and
Community Sei ice in the amount of$111,097. The fiords will be used for the Retired Senior Volunteer Program
and is for year one of a three-year cycle. The local match in the amount of $47,613 will be requested in the
FY2012-2013 department budget.
Consent Agenda Item 5 - Adoption of Road Abandonment Resolution. Interim Planning Manager Sam
Burgess presented the request for the Board's consideration to adopt the Road Abandonment Resolution as
requested by the Cape Fear Public Transportation Authority to abandon from State maintenance a portion of
Division Drive (SR-2813) located near the 1500 block of Castle Hayne Road and the ramp to Martin Luther King
Boulevard to the east(SC-91,01/12).
Consent Agenda Item 6 - Adoption of Budget Ordinance Amendments. Budget Director Cam Griffin
presented an overview of the Budget Ordinance Amendments to budget additional revenue that has been received
for the following departments:
12-175 - Social Sei ices
12-182 - Social Sei ices
12-186-Emergency Management&911 Communications
12-189-Drug Court
2012-41 - Sheriffs Office
Regular Agenda Item 8 -Consideration of Sexual Assault Activism Month Proclamation. Chairman Davis
will read the proclamation into the record.
Regular Agenda Item 9 - Consideration of Child Abuse Prevention Month Proclamation. Vice-Chairman
Barfield will read the proclamation into the record.
Regular Agenda Item 10 - Consideration of Fair Housing Month Proclamation. Commissioner Berger will
read the proclamation into the record.
Regular Agenda Item 11 - Consideration of County Governunent Month Proclamation. Commissioner
Catlin will read the proclamation into the record.
Regular Agenda Item 12 - Consideration of Public Safety Telecommunicators Week Proclamation.
Commissioner Thompson will read the proclamation into the record.
Regular Agenda Item 13 - 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. At the Board's meeting held on March 12, 2012, the Board approved disposing of items that were not
designated "no longer needed." As instructed by the Board,additional information has been provided on those items
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
AGENDA REVIEW MEETING AND CLOSED SESSION,MARCH 29,2012 PAGE 349
labeled*'no longer needed".
Regular Agenda Item 14 - Consideration of Family Planning Grant Budget Amendment and Public
Comments. Health Director David Rice and Personal Health Sei ices Manager Carla Turner answered questions
from the Board concerning the details of a grant award from the North Carolina Division of Public Health for family
planning sei ices in the amount of $8,889. The Board of Health earmarked the fiords for Intrauterine Deg-ices
(IUD's) to prevent pregnancy. Previously, the Health Department did not have the appropriate staff employed to
allow the devices to be implanted, since the hiring of two staff persons, the additional grant award will provide the
finds for the devices. The current Health Department budget is in the approximate amount of$840,000:these finds
are available to be used for the purchase of family planning supplies including IUD's. Public comments will be
received at the meeting.
Planning Director Chris O'Keefe provided an overview of the following planning items:
• Regular Agenda Item 15 - Public Hearing and Request by Clyde Holley and Pastor Kenny Chinn on
Behalf of Northside Baptist Church to Rezone Approximately 21.76 Acres at 2501 North College
Road from R-15 Medium-Density Residential to CD(B-2) Conditional Highway Business District (Z-
915, 11/11). Per the Traffic Impact Analysis, approval of the request will not have a significant impact
on traffic.
• Regular Agenda Item 16 - Public Hearing and Request by Grace Patterson for a Special Use Permit
Modification to Increase the Number of Children in Her Child Daycare from 9 to 12. The Property is
Located in an R-15 Zoning District at 111 Cannon Road(5-519M.03/12). Staff suggests the staggered
drop-off and pick-up condition remain as part of the approval.
• Regular Agenda Item 17 -Public Hearing and Request by Rountree,Losee&Baldwin,LLP on Behalf
of Gordon Development Partners,LLC to Amend the 2006 Wilmington-New Hanover County CAMA
Plan Land Use Classification Map from"Wetland Resource Protection" to "Transition''. The Subject
Properties are Located at 8631, 8703, and 8723 Stephens Church Road, in the Kirkland Community
(LUP-14, 03/12). Staff supports extending the transition area.
Regular Agenda Item 18 -Consideration of New Hanover County Short Session Legislative Goals. County
Attorney Wanda Copley, Assistant County Manager Chris Coudriet and Assistant County Attorney Kemp Burpeau
led the Board's consideration and discussion concerning the following legislative goals for the upcoming short
session of the General Assembly:
• Amend the Justice Reinvestment Act (G.S.15A-1334) to exempt active Adult Drug Treatment Court
participants. This amendment will correct the unintended consequence from the Act that repeat
offenders inappropriately benefit from Drug Court.
• Amend Renewable Energy and Energy Efficiency Portfolio Standard (G.S. 62-133.8) to add to the
definition of"renewable energy resources"waste-to-energy facilities utilizing municipal waste.
• Amend Authority of Boards of Commissioners over commissions, boards, agencies, etc. (G.S. 153A-
77), to delete subsection (f) that states the Act is applicable only to counties with a population in
excess of 425,000 allowing Counties with populations less than 425,000 to handle Departments of
Health and Social Services as then see fit for their community.
• Amend rates and charges: contract for water or sewer; deposits: delinquent charges, (G.S. 162A-9)add
a subsection (d): Notwithstanding the above standards, requirements, limitations, and procedures
applicable to rates, fees, and other charges, an Authority may reduce or forgive delinquent account
balances and waive fees, costs, and charges imposed on delinquent accounts, to address public health
and safety and the needs of indigent/low income water and/or sewer customers.
• Amend Administrative Hearings(G.S. 150B Article 3)to modify Session Law 2011-398, to reestablish
that the decision of an administrative law judge in the context of any appeal from a County Health
Department or County Social Services Department or their respective Boards is only an advisory
recommendation and not binding on the County Department or Board.
• Adopt a State Budget Ordinance restoring a 50150 state/local match for finding of Drug Treatment
Court Programs pursuant to (G.S. 7A-794) Funding Administration. This is a request to return to the
previous funding formula.
CLOSED SESSION
Chairman Davis called for a motion to enter into a Closed Session to consider personnel matters pursuant to
North Carolina General Statute 143-318.11(a)(6) and to consult with the County Attorney regarding a matter of
potential litigation pursuant to North Carolina General Statute 143-318.11(a)(3).
Motion: Commissioner Catlin MOVED, SECONDED by Commissioner Thompson, pursuant to North Carolina
General Statute 143-318.11(a)(6), to enter into a Closed Session to consider personnel matters and to consult with
the County Attorney regarding a matter of potential litigation pursuant to North Carolina General Statute 143-
318.11(a)(3). Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Davis convened to Closed Session at 4:16 p.m. and announced that all persons not Board
members or specifically designated staff should leave the room.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
AGENDA REVIEW MEETING AND CLOSED SESSION,MARCH 29,2012 PAGE 350
RECONVENE TO REGULAR SESSION
Chairman Davis reconvened to open session at 5:40 p.m. and reported that the Board has concluded its
consultation with the County Attorney and staff with no official action being taken in Closed Session and requested
a motion concerning the request by Cape Fear Renewable Energy that the Board of Commissioners,in its discretion,
hear the protest appeal.
Motion: Commissioner Thompson MOVED, SECONDED by Commissioner Barfield, to deny the request by Cape
Fear Renewable Energy that the Board of Commissioners hear the protest appeal. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Chairman Davis reported that the Board has concluded its discussion of personnel matters with no official
action being taken in Closed Session and requested a motion concerning the hiring of a new County Manager to
replace retiring County Manager Bruce Shell.
Motion: Commissioner Thompson MOVED, SECONDED by Commissioner Barfield, to offer Assistant County
Manager Chris Coudriet the position of County Manager, with the effective date of June 30, 2012, with an annual
salary of $155,000: a split dollar insurance plan: a monthly auto allowance of $300: all other standard County
employee benefits to apply with a contract to be drafted and brought before the Board for formal approval. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
Assistant County Manager Chris Coudriet accepted the position and conditions of employment thanking the
Board for the opportunity to seine the County in this capacity.
ADJOURNMENT
There being no further business, Chairman Davis requested a motion to adjourn).
Motion: Commissioner Thompson MOVED, SECONDED by Vice-Chairman Barfield, to adjourn the meeting.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Davis adjourned the Agenda Review meeting at 5:45 p.m.
Respectfully submitted,
Sheila L. Schult
Clerk to the Board