2013-12-09 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING, DECEMBER 9, 2013 PAGE 748
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday, December 9,
2013, at 4:00 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street,
Wilmington, NC.
Members present:Chairman Woody White; Vice-Chair Beth Dawson; Commissioner Jonathan Barfield,
Jr.; and Commissioner Thomas Wolfe. Commissioner Brian M. Berger was absent.
Staff present: County Attorney Wanda M. Copley; County Manager Chris Coudriet; and Clerk to the
Board Sheila L. Schult.
MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE
Chairman White led the audience in a moment of silence. Vice-Chair Dawson led the audience in the
Pledge of Allegiance to the Flag.
ELECTION OF CHAIRMAN AND VICE-CHAIRMAN FOR THE ENSUING YEAR
Members present were: Commissioner Jonathan Barfield, Jr.; Commissioner Beth Dawson; Commissioner
Woody White; and Commissioner Thomas Wolfe. Commissioner Brian M. Berger was absent.
County Attorney Copley opened the floor to receive nominations for Chairman and Vice-Chairman of the
Board of County Commissioners for the ensuing year.
Commissioner Wolfe nominated Commissioner White for Chairman of the Board of County
Commissioners. Commissioner Dawson seconded the nomination.
Commissioner White nominated Commissioner Dawson for Vice-Chairman of the Board of County
Commissioners for the ensuing year. Commissioner Wolfe seconded the nomination.
There being no further nominations, County Attorney Copley declared the nominations closed and called
for a vote on the nominations.
Vote
: The Board voted 4 TO 0 to elect Commissioner White to serve as Chairman of the New Hanover County
Board of Commissioners and Commissioner Dawson to serve as Vice-Chairman of the New Hanover County Board
of Commissioners for the ensuing year.
APPROVAL OF CONSENT AGENDA
Chairman White asked if any member of the Board would like to remove or discuss any item on the
Consent Agenda.
Vice-Chair Dawson reported that each commissioner has received the revised list of the New Hanover
County Commissioner Appointments to Community and County Boards for 2014. Hearing no further comments,
Chairman White requested a motion to approve the Consent Agenda as presented.
Motion:
Commissioner Wolfe MOVED, SECONDED by Commissioner Barfield, to approve the Consent Agenda
as presented. Upon vote, the MOTION CARRIED 4 TO 0.
CONSENT AGENDA
Approval of Minutes – Governing Body
The Commissioners approved the minutes from the following meetings as presented by the Clerk to the
Board:
Agenda Review Meeting held on November 14, 2013
Regular Meeting held on November 18, 2013
Appointment of Commissioners to Community and County Boards for 2014 – Governing Body
The Commissioners approved the revised list of New Hanover County Commissioner appointments to
Community and County Boards for 2014.
A copy of the list of Commissioners appointed to County Boards and Committees for Year 2014 is hereby
incorporated as a part of the minutes and is contained in Exhibit Book XXXVI, Page 21.1.
Appointment of Rena Davenport as a Non-Voting Member to the CoastalCare Area Board – Governing Body
The Commissioners appointed Rena Davenport, President of the CoastalCare Provider Council, as a non-
voting member to the CoastalCare Area Board for a three-year term.
Ratification of Appointment of Sheila L. Schult to the New Hanover County Jury Commission for a Two-
Year Term Expiring on October 31, 2015 – Governing Body
The Commissioners ratified the appointment of Sheila L. Schult to the New Hanover County Jury
Commission for a two-year term expiring on October 31, 2015.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING, DECEMBER 9, 2013 PAGE 749
Adoption of Public Officials Bond Resolution – County Attorney’s Office
The Commissioners, pursuant to North Carolina General Statute 58-72-20, adopted a resolution concerning
the Surety Bond coverage for the Finance Officer, Sheriff, Register of Deeds, and Tax Collector.
A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book
XXXVI, Page 21.2.
Approval of Revisions to Sheriff Parking Citation Fees – Sheriff’s Office/Finance Department
The Commissioners approved revisions to the Sheriff Parking Citation Fees as follows:
Citation Type Current Fee Recommended Fee
Overtime Parking $5.00 $20.00
No Parking Area $10.00 $20.00
Restricted Parking n/a $25.00
Loading Zone n/a $20.00
Fire Lane n/a $50.00
Handicapped Zone $25.00 $250.00
Authorization for Leading into New Communities, Inc. to Apply for Grant Funding from the N.C.
Governor's Crime Commission with New Hanover County as the Applicant Agency– Finance Department
The Commissioners authorized Leading into New Communities, Inc. (LINC) to apply for a grant with the
N.C. Governor's Crime Commission with New Hanover County as the applicant agency for a $75,000 grant. LINC
will be responsible for the required 25% cash match.
Adoption of a Resolution to Dispose of a 1998 Caterpillar D7R Bulldozer – Environmental Management
Department
The Commissioners, pursuant to North Carolina General Statute 160A-Article 12, adopted a resolution
declaring a 1998 Caterpillar D7R bulldozer as surplus.
A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book
XXXVI, Page 21.3.
Approval of Personnel Policy Revisions – Human Resources Department
The Commissioners approved the following revisions to the Personnel Policy:
Article 4 - Employment
Section 4.2, Equal Employment Opportunity Policy
Article 6 – Conditions of Employment
Sections 6.13.1 and 6.13.2, Smoking/Tobacco-Free and E-cigarette Policy and Smoking/Tobacco-
Free and E-cigarette Enforcement
Section 6.14, Purchasing Surplus County Property Prohibited
Section 6.24 (NEW), Report of Motor Vehicle Violation and Criminal Charges and Convictions
Article 7 – Leave Policies
Section 7.1.2, Holiday Leave – Number of Hours Paid
Article 8 – Performance, Discipline
Section 8.2.2 (t), Failure in Performance of Duties
Article 9 – Appeals and Grievances
Section 9.0, Employee Appeal of Disciplinary Actions – Purpose and Applicability
Section 9.1, Employee Appeal of Disciplinary Actions – Policy
Section 9.1.5, Department Head Appeal of Disciplinary Action
Section 9.1.6, Failure to Comply with Appeal Procedures
A complete copy of the personnel policy is available for review on the County’s website or in the Human
Resources Department.
Approval of Appointment of Emma Saunders and Dick Hayes to the Senior Resource Center Home and
Community Care Block Grant Advisory Committee – Senior Resources Center
The Commissioners, at the request of the Home and Community Care Block Grant Advisory Committee,
approved the appointment of Emma Saunders and Dick Hayes as members of the Senior Resource Center Home and
Community Care Block Grant Advisory Committee. The advisory committee makes recommendations to the
Commissioners for distribution of funds and selection of agencies to provide services.
Acceptance of October 2013 Tax Collection Reports – Tax Department
The Commissioners accepted the following Tax Collections Reports as of October 2013:
New Hanover Fire District
New Hanover County
Copies of the Tax Collection Reports are hereby incorporated as part of the minutes and are contained in
Exhibit Book XXXVI, Page 21.4.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING, DECEMBER 9, 2013 PAGE 750
Approval of New Hanover County Board of Education General Fund Amendment #3 – Budget Department
The Commissioners approved New Hanover County Board of Education General Fund Budget Amendment
#3 appropriating Board of Education Travel Carryover in the amount of $11,424 and $829 in insurance proceeds.
A copy of the New Hanover County Board of Education General Fund Budget Amendment #3 is available
for review in the Budget Department.
Adoption of Budget Ordinance Amendments – Budget Department
The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30,
2014:
14-033 - Fire Services
14-035 - Museum
14-037 - Department of Social Services
Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are
contained in Exhibit Book XXXVI, Page 21.5.
REGULAR ITEMS OF BUSINESS
NEW HANOVER COUNTY LIBRARY ADVISORY BOARD ANNUAL UPDATE
New Hanover County Library Advisory Board Vice-Chair Virginia Teachey presented the New Hanover
County Library Advisory Board annual update highlighting the following information:
The Library’s Vision: An exciting destination where people gather, ideas flourish, and the information
and technology resources needed for a community to prosper are made freely available.
2013 in review:
944,216 visitors
1.39 million circulation
570,565 web page visits
1,528 programs for children and adults
Community support:
98% customer satisfaction
Strong ratings in County Citizen Survey
14,643 volunteer hours
Three community boards
Partnerships: PNC Bank Foundation; Smart Start; UNCW; Cape Fear Community College; New
Hanover County Parks; Cape Fear Museum; New Hanover County Schools; and many more!
What we’re doing now:
Partnering with local businesses to improve financial literacy
Redesigning children’s programming to support NHC Ready to Read
Maximizing technology to increase access to information
What’s next:
Myrtle Grove expansion to serve a fast growing community
Facility improvements for Carolina Beach Branch
Carolina Courtyard revitalization at Main Library
A new branch at the north end of New Hanover County
On behalf of the Board, Chairman White thanked Ms. Teachey for the update.
PUBLIC HEARING AND APPROVAL OF REQUEST BY CINDEE WOLF OF DESIGN SOLUTIONS TO
MODIFY THE SITE PLAN FOR AN EXISTING SPECIAL USE PERMIT BY ADDING AN ADDITIONAL
TWENTY UNITS TO THE SAYLORS WATCH HIGH DENSITY DEVELOPMENT (S-525M, 11/13)
Chairman White opened the Public Hearing and announced that the special use process requires a quasi-
judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. He requested all
persons who signed in to speak or who want to present testimony to step forward to be sworn in.
The following persons were sworn in:
Cindee Wolf
Ben Andrea
Chris O’Keefe
Jeff Keeter
Mark Emmert
Current Planner Ben Andrea presented the request by Cindee Wolf of Design Solutions to modify the site
plan for an existing Special Use Permit by adding an additional twenty units to the Saylors Watch high-density
development, which was approved for a total of 82 units in 2005. At the time of the previous approval, the area
currently proposed for the additional units was considered wetlands under the jurisdiction of the US Army Corps of
Engineers. Since that time, the site characteristics have changed and the subject area is no longer considered
wetlands, eliminating the previous development impediment.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING, DECEMBER 9, 2013 PAGE 751
The Planning Board, at their November 7, 2013 meeting, voted 6-0 to recommend approval of the
modification to the Special Use Permit with one condition to add an easement for a multi-use path in compliance
with the Comprehensive Greenway Plan. The Petitioner has revised the site plan to include this easement. No one
from the public spoke in support or in opposition to the request. Staff concludes that the proposal meets the
requirements of Section 72-37 of the Zoning Ordinance, the CAMA Land Use Plan and recommends that the
findings are positive.
Chairman White invited the Petitioner to present comments.
Jeff Keeter, Attorney for the Petitioner, and Petitioner Cindee Wolf provided an overview of the request
stating that they agree with staff findings and the suggested condition. In response to Board questions concerning
the need for a traffic impact analysis, Ms. Wolf reported that NCDOT has determined through their formulas that
College Road has the required capacity to handle the increase in daily trips which will be under the required level
threshold of 100 trips per peak hour per day which triggers the requirement of a Traffic Impact Analysis.
Mark Emmert, Saylors Watch, stated that in his opinion property values would not be negatively impacted
by the additional twenty units.
Chairman White noted that no one had signed up to speak in favor of or in opposition to the request and
requested direction from the Board.
Motion:
Commissioner Barfield MOVED, SECONDED by Commissioner Wolfe, to grant the modification of the
site plan to the existing Special Use Permit request by Cindee Wolf by adding an additional twenty units to the
Saylors Watch high density development based on the evidence presented and the findings of facts concluding that:
1) the use will not materially endanger the public health or safety where proposed and developed according to the
plan as submitted and approved; 2) the use meets all required conditions and specifications of the Zoning Ordinance;
3) the use will not substantially injure the value of adjoining or abutting property or that 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 plan of development for New
Hanover County with the condition to add an easement for a multi-use path in compliance with the Comprehensive
Greenway Plan. Upon vote, the MOTION CARRIED 4 TO 0.
A copy of the order to issue an addendum to a Special Use Permit and listing the findings of facts is
contained in SUP Book IV, Page 48.
COMMITTEE APPOINTMENTS
Appointment to the Cape Fear Public Transportation Authority (WAVE Transit)
Chairman White reported that a vacancy exists for an at-large member on the Cape Fear Public
Transportation Authority with four applications available for consideration and requested nominations from the
Board.
Commissioner Barfield nominated Steven D. Kelly.
Vice-Chair Dawson nominated Wylie Beckman Smith III.
Hearing no further nominations, Chairman White closed the nominations and called for a vote on the
nominations.
Vote Results:
The Board voted 3 TO 1 to appoint Wylie Beckman Smith III to serve a three-year term on the Cape
Fear Public Transportation Authority with the term to expire on December 31, 2016. Chairman White, Vice-Chair
Dawson, and Commissioner Wolfe voted in favor of the appointment.
Appointments to the New Hanover County Board of Health
Chairman White reported that four vacancies exist on the Board of Health with three applicants eligible for
reappointment in the General Public, Optometrist, and Veterinarian Categories with new applications having been
received in the Physician Category.
Vice-Chair Dawson nominated Robert E. Lewis for reappointment in the General Public Category, Dr.
Michael Goins for reappointment in the Optometrist Category, Dr. Melody Speck Evans for reappointment in the
Veterinarian category, and nominated Dr. Mark W. Morgan for appointment in the Physician category.
Hearing no further nominations, Chairman White closed the nominations and called for a vote on the
nominations.
Vote Results:
The Board voted 4 TO 0 to reappoint Robert E. Lewis in the General Public category, Dr. Michael
Goins in the Optometrist category, Dr. Melody Speck Evans in the Veterinarian category, and appoint Dr. Mark W.
Morgan in the Physician category to serve three-year terms on the Board of Health with the terms to expire on
December 31, 2016.
Appointments to the New Hanover County Tourism Development Authority
Chairman White reported that four vacancies exist on the Tourism Development Authority with two
applicants eligible for reappointment and new applications available for consideration and requested nominations
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING, DECEMBER 9, 2013 PAGE 752
from the Board.
Commissioner Barfield nominated Connie Majure-Rhett in the Chamber of Commerce category, Anne E.
Brodsky for reappointment in the Kure Beach Hotel Owner/Manager category, Carl B. Marshburn for reappointment
in the Tourist Attraction category, and Nicolas Montoya, Blockade Runner General Manager in the Wrightsville
Beach Hotel Manager/Owner category. The nominations were seconded by Vice-Chair Dawson.
Hearing no further nominations, Chairman White called for a vote on the nominations.
Vote Results:
The Board voted 4 TO 0 to reappoint Anne E. Brodsky in the Kure Beach Hotel Owner/Manager
category and Carl B. Marshburn in the Tourist Attraction category and appoint Connie Majure-Rhett in the Chamber
of Commerce category and Nicolas Montoya, Blockade Runner General Manager in the Wrightsville Beach Hotel
Manager/Owner category to serve three-year terms on the Tourism Development Authority with the terms to expire
on December 31, 2016.
Appointments to the Zoning Board of Adjustment
Chairman White reported that four vacancies need to be filled on the Zoning Board of Adjustment with one
applicant eligible for reappointment and new applications available for consideration and requested nominations
from the Board.
Commissioner Wolfe nominated Peter M. DeVita to be reappointed as a Regular Member and nominated
Joe Miller as a Regular Member and Nabila Nanji and H. Brian Prevatte as Alternate Members.
Hearing no further nominations, Chairman White called for a vote on the nominations.
Vote Results:
The Board voted 4 TO 0 to reappoint Peter M. DeVita and appoint Joe Miller as Regular Members
and appoint Nabila Nanji and H. Brian Prevatte as Alternate Members to serve three-year terms on the Zoning Board
of Adjustment with the terms to expire on December 1, 2016.
PUBLIC COMMENTS ON NON-AGENDA ITEMS
Chairman White reported that no one had signed up to speak on non-agenda items.
ADDITIONAL AGENDA ITEMS
UPDATE AND APPROVAL OF THIRTY-DAY EXTENSION TO THE REQUEST FOR PROPOSAL FOR
SOLID WASTE MANAGEMENT RESPONSE PERIOD
County Manager Chris Coudriet presented an update on the solicitation of Request for Proposals for solid
waste management. Staff has received a written request for a sixty-day extension to the response period; staff
supports a thirty-day extension. After brief discussion, the consensus of the Board was to grant the thirty-day
extension to the response period with the deadline of January 31, 2014 at noon.
BRANDING INITIATIVE UPDATE
Strategy and Policy Manager Beth Schrader provided an overview of a meeting with Secretary of
Commerce Sharon Decker. The meeting allowed staff to provide an overview of the regional branding initiative that
included an overview of the infrastructure portion and discussion of linking relevant portions of the branding
initiative with the State’s efforts. Secretary Decker requested a letter of affiliation be written and offered State staff
to assist in these collaborative efforts. The City of Jacksonville has indicated an interest to be included in our
regional branding initiative; staff will be pursuing this option with them.
ADJOURNMENT
Hearing no further business, Chairman White adjourned the meeting at 4:56 p.m.
Respectfully submitted,
Sheila L. Schult
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 for review and check-out at all New Hanover County Libraries and
on-line at www.nhcgov.com.