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2012-10-05 Special Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 SPECIAL MEETING,OCTOBER 5,2012 PAGE 503 ASSEMBLY The New Hanover County Board of Commissioners met for a Special Meeting on Friday, October 5, 2012, at 4:40 p.m. in the Harrell Conference Room at the New Hanover County Government Center, 230 Government Center Drive, Wilmington,North Carolina. Members present: Chairman Jonathan Barfield, Jr.: Vice-Chairman Jason R. Thompson: Commissioner Brian M. Berger:and Commissioner Richard G. Catlin. Staff present: County Manager Chris Coudriet: County Attorney Wanda Copley: and Clerk to the Board Sheila L. Schuh. CONSIDERATION AND DISCUSSION OF THE REPUBLICAN PARTY'S RECOMMENDATION MELISSA GOTT TO FILL THE VACANT SEAT ON THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS Chairman Barfield reported that the resignation of Ted Davis, Jr. from the New Hanover County Board of Commissioners which was effective September 20, 2012 leaves a vacancy on the Board: an appointment to fill the position will be valid until the Board's December 2, 2012 meeting. The New Hanover County Republican Party has recommended Melissa Gott to fill the vacancy. Chairman Barfield reported that it has been brought to the Board's attention that Ms. Gott's primary residence may not be in New Hanover Count-v as claimed,but in Brunswick County. Her husband has established a voting record in Brunswick County while Ms. Gott has established one in New Hanover County;Ms. Gott has stated to him that she and her husband live together. In response to Board questions, Elections Director Mai in McFayden stated his office has received a complaint that Ms. Gott is not a resident at the Chestnut Street address: this is preliminary concern. A formal complaint will need to be filed to begin the investigation process. Chairman Barfield voiced his concern that the residency issue needs to be addressed before the Board proceeds with considering the recommendation. Commissioner Berger voiced his concern that there may be important issues that will arise during the next six weeks that will require a full board to be seated and that there are two doctors,Dr. Charles Kays and Dr. Derrick Hickev, who have indicated their interest to fill the available seat. He indicated his concern about the residency issue. He asked that another candidate be considered. In response to Board questions, Mr. McFayden stated that Ms. Gott has been a registered voter in New Hanover County since 2003 and has voted in every election since 2004: there is signed affirmation by her that her residency is New Hanover County. In response to Board questions, Mr. McFayden explained the process that is involved with challenging a person's residency stating that a formal challenge will result in the NHC Board of Elections hearing the evidence and seising as the jury to come to a determination. He explained that your domicile is your primary residence. Commissioner Catlin stated that he would like to see the Board table the issue and let the Board of Elections work through the complaint and challenge process with the hopes that it would be concluded by the Board's next meeting on October 15,2012. Chairman Barfield stated that he would like to ask the Republican Party to bring back another recommendation to the Board for consideration voicing his concern that Ms. Gott has said that she and her husband live together but rivo different addresses are on record in two different counties. In response to Board questions concerning her primary residence, Ms. Gott stated that she lives at 602 Chestnut Street and that she and her husband own between 20-30 other properties. She stated that both she and her husband reside at 602 Chestnut Street. In response to Board questions concerning whether she or her husband have changed their address of record in the past 24 hours,Ms. Gott stated that they have not. In response to Board questions concerning the complaint filed by Ms. Carolyn Caldwell, Ms. Gott stated that Ms. Caldwell has a history of working against her during her request for a Special Use Permit with the City of Wilmington to convert her home to a home business. In response to Board questions concerning the ramifications of voting out of the county of residence, County Attorney Wanda Copley reported that the Board of Elections would need to hear the evidence and make that determination. Hearing no firrther discussion, Chairman Barfield requested direction from the Board. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin, to table the consideration of Ms. Gott to fill the vacant board seat to allow time for the Republican Party to review the residency issue and for the Board of Elections to conduct the appropriate process. Upon vote, the MOTION CARRIED 4 TO 0. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 SPECIAL MEETING,OCTOBER 5,2012 PAGE 504 ADJOURNMENT There being no further business, Chairman Barfield requested a motion to adjourn the meeting. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Berger, to adjourn the meeting. Upon vote, the MOTION CARRIED 4 TO 0. Chairman Barfield adjourned the Special Meeting at 5:12 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board