2016-12-01 Agenda Review
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
AGENDA REVIEW MEETING, DECEMBER 1, 2016 PAGE 648
ASSEMBLY
The New Hanover County Board of Commissioners met for Agenda Review on Thursday, November 10,
2016 at 4:03 p.m. in the Harrell Conference Room at the New Hanover County Government Center, 230 Government
Center Drive, Wilmington, North Carolina.
Members present: Chairman Beth Dawson; Vice-Chairman Jonathan Barfield, Jr.; Commissioner Skip
Watkins; and Commissioner Rob Zapple. Commissioner Woody White was absent.
Staff present: County Manager Chris Coudriet; County Attorney Wanda Copley; and Clerk to the Board
Kymberleigh G. Crowell.
Chairman Dawson called the Agenda Review meeting to order, announced that Commissioner White was
unable to attend today’s meeting and that the purpose of the meeting is to review and discuss the agenda items for the
December 5, 2016 Regular Meeting with discussions as noted:
Consent Item 3. Adoption of Public Officials Bond Resolution.
In response to questions, County Attorney
Copley and Deputy County Attorney Burpeau explained the bonds are statutorily required and the County sets them
at the statutorily specified amounts for the specific individuals. The County also has public official liability coverage
and umbrella policies in much larger amounts. It is a duplication of coverage. The County is paying to comply with
the statute and changes to the statute would have to be done through legislation.
Consent Item 4. Ratification of Grant Application for 2016 Assistance to Firefighters Grant (AFG).
In response to questions, Fire Services Deputy Chief Frank Meyer stated the radio equipment is obsolete and would
be surplused with any revenues received deposited into the Fire Services District fund. The equipment may garner
only 10% of the value on the open market. Prospective buyers would probably be other government agencies unable
to afford the radio platform that is in current production and receiving support.
A brief discussion was held about the possibility of other county departments using the radios. Emergency
Management/911 Director Warren Lee explained that most public service organizations in the community such as
Cape Fear Public Utility Authority and non-public safety agencies, are on the County system. Although the radios still
have useful life and can be utilized by others with communication needs, the support ends in 2019 and parts are no
longer guaranteed. Technology is forcing the upgrade. There are a lot of features available now through the County’s
infrastructure and these radios cannot perform using the new features.
In response to questions, Chief Strategy and Budget Officer Beth Schrader confirmed that if the grant is
awarded matching funds will be included in the FY18 budget. The radios would not be purchased until that time.
Regular Item 6. Consideration of New Hanover County Health and Human Services Facility Design
and Construction Administration Contract Award.
In response to questions, Facilities Project Manager Kevin
Caison reported that during the request for qualifications (RFQ) phase only qualifications, not cost proposals, are
considered by the review committee. The review committee was looking for an architecture firm that had the most
positive county experience. Sawyer, Sherwood and Associate Architecture was the unanimous top ranked firm of the
review committee.
Regular Item 7. Public Hearing Rezoning Request (Z-964, 11/16) – Request by Design Solutions on
Behalf of the Property Owner, Amber Sun, LLC, to Rezone 5.00 Acres Located at 5000 Blue Clay Road from
(CUD) I-1, Conditional Use Light Industrial District, to (CZD) O&I, Conditional Office and Institutional
District, in Order to Allow for Office and School Uses Within the Existing Building Located on the Property,
and to Expand an Existing Paved Area on the Property to Allow for Driver Training Courses.
Current Planner
Brad Schuler provided a brief overview of the request stating that the subject property is currently zoned as a (CUD)
I-1, Conditional Use Light Industrial District, which allows engineering services. StreetSafe, a not for profit
organization, acquired the property and began operations in 2015. While applying for permits to expand the parking
lot for the driving course area, it was determined the property was not in compliance with current zoning. StreetSafe’s
rezoning application to rezone the property to (CZD) O&I, Conditional Office and Institutional District allows for
technical schools and offices. The rezoning would correct the issue faced by StreetSafe. Staff is recommending
approval of the application as is the Planning Board. No opposition has been received towards this application.
In response to questions, Current Planner Schuler stated that to his knowledge there has been no
communications received from the next-door property owner, Keegan-Postema. The owners were notified directly of
the application and a sign was posted on the property. He confirmed that the applicant could be asked to consider
installing a fence or other type barrier to delineate the commercial property from the private property. The applicant’s
property has historically been used for non-residential purposes. A lot of work has been done to bring it up to current
standards. He further confirmed that a large part of the property is tied up with flood zone issues which restricts the
property to the current footprint.
Staff Updates
Airport Audit
County Manager Coudriet asked Chief Financial Officer Lisa Wurtzbacher to give an update on the Airport
audit. Officer Wurtzbacher reported that the County’s deadline to submit its audit report is October 31st and the
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procedures and report were finalized by October 28. However, as the Airport audit was not finalized the County
could not submit its report to the Local Government Commission (LGC). It is considered a significant component
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
AGENDA REVIEW MEETING, DECEMBER 1, 2016 PAGE 649
unit which means it has to be included in the County’s financial statements and footnotes. To date, the procedures
have been completed and the parties are waiting for the Airport’s auditors to determine if any additional procedures
are needed or if the audit can be finalized. A very important part of every audit is to have management sign a
management representation letter. Audit firms review areas that are considered risks and significant transactions
rather than every item. They rely heavily on management and staff to be responsible for all financials and related
transactions. The letter states that the person(s) as management understand and are responsible for the financial
statements, internal controls, all required documentation is in place and there is no knowledge of fraud. This letter has
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not been signed by the all of appropriate persons at the Airport. A meeting is scheduled for December 2 to address
some additional questions with the auditor and finalize the audit.
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In response to questions, Officer Wurtzbacher explained that October 31 is the standard deadline to submit
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the audit to the LGC. There is a grace period until December 1 and after that date the LGC will ask why the audit
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has not been submitted. The County has until December 31 to submit its audit and if missed, staff will have to explain
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the delay to the LGC and request an extension. The next important date for the County is January 31. This is the
deadline to submit a report to the Municipal Securities Rulemaking Board (MSRB) via their website which supplies
information for investors and bond holders. Officer Wurtzbacher confirmed this is the only item delaying the
finalization of the County’s audit.
In response to additional questions, Officer Wurtzbacher confirmed that Airport Authority Member Dr. Crane
made the information request. Airport Authority Chairman Tom Wolfe explained that the information provided had
no irregularities found. However, subsequent events that took place after the year-end audit is what caused the auditors
to question some items. He thanked Commissioners Watkins and Zapple for their assistance in moving this matter
towards a resolution.
Elections Update
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Elections Director Derek Bowens reported that on November 22 the New Hanover County Board of
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Elections officially canvassed the November 8 elections. After canvassing, there is a two-day appeals period to
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receive election protests. John Christian Anderson filed two protests on November 28. The Board of Elections met
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on December 1 and dismissed the protests for being frivolous and not having probable cause for any irregularity.
The Board also attempted to issue the certificates of election. The State Board of Elections advised the action was in
conflict with the statutes. The Board had an emergency meeting in the afternoon to rescind the issuance.
In response to questions, Director Bowens explained that by statute, a person who files an election protest
has five days to appeal a local Board of Elections decision to the State Board of Elections. If the protests are dismissed
the person has ten days from receipt of the State Board of Elections decision to file for a stay with the Wake County
Superior Court. If there is no appeal to Superior Court or if appealed and the stay is not issued, then steps can be taken
to issue the certificates of election within the local Board of Elections jurisdiction.
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In response to additional questions, Director Bowens stated that December 19 is the projected date to have
this matter completed. It is dependent on when the State Board of Elections decides to meet within the statutory time
frame to hold the hearing. Expectation is that the hearing will be held soon after receipt of the appeal but the matter
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could go beyond December 19th. There is a December 3 meeting to handle the Bladen County protest. The State
Board of Elections Special Counsel and Secretary shared with Director Bowens that there were concerns that if this
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matter was heard on December 3, it would not allow for adequate notice of a hearing for Mr. Anderson to appear.
Director Bowens noted that Mr. Anderson has until 11:59 p.m. on December 6th to file an appeal to the State Board
of Elections. If no appeal is filed, the certificates of election could be issued on December 7th.
In regard to the recount, Director Bowens reported that due to financial concerns the decision was made to
wait to see if the State Board of Elections mandated a statewide recount for the State Auditor seat. He anticipates the
recount will occur next week.
ADJOURNMENT
There being no further business, Chairman Dawson adjourned the meeting at 4:42 p.m.
Respectfully submitted,
Kymberleigh G. Crowell
Clerk to the Board
Please note that the above minutes are not a verbatim of the New Hanover County Board of Commissioners meeting.