2012-05-11 Special Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
SPECIAL MEETING,MAY 11,2012 PAGE 384
ASSEMBLY
The New Hanover County Board of Commissioners met for a Special Meeting on Friday-,May 11, 2012, at
8:30 a.m. in the Harrell Conference Room at the New Hanover Count-ti-Government Center,230 Government Center
Drive, Wilmington,North Carolina.
Members present were: Chairman Ted Davis, Jr.: Vice-Chairman Jonathan Barfield, Jr.: Commissioner
Jason R. Thompson; Commissioner Brian M.Berger:and Commissioner Richard G. Catlin.
Legislators present were: Senator Thom Goolsby and Representative Danny McComas.
Staff present were: Deputy County Attorney Kemp P. Burpeau: Assistant County Manager Chris Coudriet;
Deputy Clerk to the Board Kymberleigh G. Crowell; Assistant County Manager Avril Finder: Clerk to the Board
Sheila L. Schult;and County Manager Bruce T. Shell.
WELCOME AND INVOCATION
Chairman Davis welcomed everyone present and announced that the meeting was being held in honor of
our local legislative delegation with the purpose to allow the delegation to meet with the Commissioners to discuss
New Hanover County 2012 Short Session Goals and other pertinent issues.
Vice-Chairman Jonathan Barfield,Jr.provided the invocation.
DISCUSSION WITH LOCAL STATE LEGISLATORS
Discussion was held with the local State Legislators concerning the Board's 2012 Short Session Legislative
Goals:
• Amend the Justice Reinvestment Act (G.S.15-A-1334) to exempt active Adult Drug Treatment
Court participants.
The General Assembly sought to address prison confinement costs by limiting revocation of certain
probationary sentences. An unintended consequence from the Act is that repeat offenders
inappropriately benefit from Drug Court. Such persons manipulate the Drug Court option on an on-
going basis with frequent relapses and a demonstrated lack of commitment to treatment. The present
legislation unfortunately does not permit such persons to have their probationary sentences revoked so
as to seine appropriate jail time,until they have seined rivo 90-day periods in the county jail.
• 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.
A brief discussion was held that although the request would be a benefit to the citizens the utility
companies would fight it. New Hanover County is the only county that has a waste-to-energy facility
in the State. A request was made that this item be placed in the form of a local bill and resent to the
legislators for their consideration. At the Board's direction, staff will prepare a local bill for
consideration during the May 21,2012 regular meeting.
• 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.
Discussion was held that currently, Guilford, Mecklenburg and Wake counties are the only areas with
a population in excess of 425,000. While Guilford has not used the flexibility,Mecklenburg and Wake
have been successful to restructure and consolidate human sei ices. The deletion of subsection(f)has
statewide support and is a top priority goal of the NCACC during the Short Session. The amendment
would allow smaller counties the flexibility to work in partnership with commissions,boards,agencies,
etc. rather than in a"command and control'role. Discussion was held that the local health board does
not support the amendment and the need for it to understand that this is just to allow boards of
commissioners'flexibility-and is not a control issue.
• Amend Administrative Hearings (G.S. 150B Article 3) to modify Session Law 2011-398, to re-
establish 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.
Discussion was held that it has become an unintended consequence that an administrative law judge's
position has become the final decision on personnel matters and at times, overrules a director's
decision. This request, if modified, would allow a director's decision to be the final decision while
allowing employees to retain appeal rights under the State Personnel Act. Senator Goolsby requested
that the verbiage be resubmitted to him with the clarification that "...in the context of any personnel
appeal under the State Personnel Act from a County Health Department or County Social Sei ices
Department or their respective Boards is only an advisory recommendation and not binding on the
County Department or Board." At the Board's direction, staff will prepare the amended goal for
consideration during the May 21,2012 regular meeting.
• Adopt a State Budget Ordinance restoring a 50150 state/local match for funding of Drug
Treatment Court Programs pursuant to G.S. 7A-794, Funding Administration. Brief discussion
was held that the County is currently fully finding the program as the State no longer does. The
restoration of the state/local match would ease the burden to continue a program that is seeing positive
results locally.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
SPECIAL MEETING,MAY 11,2012 PAGE 385
Other matters discussed:
• Annexation.
Discussion was held regarding proposed legislation to stop the Monkey Junction area involuntaiv
annexation and the need for legislation that also prohibits non-contiguous annexations. Concerns were
expressed about developers in particular being able to submit requests to the City of Wilmington for
non-contiguous annexation approval when the County does not approve proposed development plans
or to avoid County regulations all together. A non-contiguous annexation has negative consequences
on the county and beach towns in such areas as growth, tax base and storm water management. One
suggestion was for the Board to submit for consideration to the local delegation verbiage that non-
contiguous annexation requests could not be approved by the City of Wilmington without first
receiving approval from New Hanover County. At the Board's direction, staff will prepare a
legislative goal regarding non-contiguous annexation for consideration during the May 21, 2012
regular meeting.
• Cape Fear Public Utility Authority legislative goal.
The Cape Fear Public Utility Authority (CFPUA) at their May 9, 2012 meeting adopted a legislative
goal for consideration by the Board of Commissioners to submit to the local delegation stating that``A
water sewer authority may elect to promote programs which allow it to address assistance to customers
in need in the payment of their water and sewer accounts." Currently, the CFPUA has no authority to
assist customers in paying their water and sewer bills and the amendment would allow the flexibility to
assist customers. CFPUA also cannot participate in or promote efforts to assist citizens in need as the
state law limits the marketing of such programs. Discussion was held about this item being submitted
by the Board as a local bill to the local legislators. At the Board's direction, staff will prepare a
legislative goal regarding this matter for consideration during the May 21, 2012 regular meeting.
ADJOURNMENT
There being no firrther discussion, Chairman Davis thanked the Legislators for their time and adjourned the
Special Meeting at 9:30 a.m.
Respectfirlly submitted,
Kyrnberleigh G. Crowell
Deputy Clerk to the Board