HomeMy WebLinkAbout2020-02-17 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34
REGULAR MEETING, FEBRUARY 17, 2020 PAGE 476
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday, February 17, 2020,
at 9:00 a.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington,
North Carolina.
Members present: Chair Julia Olson-Boseman; Vice-Chair Patricia Kusek; Commissioner Jonathan Barfield,
Jr.; Commissioner Woody White; and Commissioner Rob Zapple.
Staff present: County Manager Chris Coudriet; County Attorney Wanda M. Copley; and Clerk to the Board
Kymberleigh G. Crowell.
INVOCATION AND PLEDGE OF ALLEGIANCE
Associate Pastor Shawn Burch, The Pentecostals of Wilmington, provided the invocation and Commissioner
Zapple led the audience in the Pledge of Allegiance to the Flag.
APPROVAL OF CONSENT AGENDA
Chair Olson-Boseman requested a motion to approve the Consent Agenda as presented.
Motion: Vice-Chair Kusek MOVED, SECONDED by Chair Olson-Boseman, to approve the items on the Consent
Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes – Governing Body
The Commissioners approved the minutes of the Regular Meeting of February 3, 2020.
Approval of the First Reading of a Solid Waste Franchise for Wall Recycling, LLC – County Attorney
The Commissioners approved the first reading of a solid waste franchise to be granted to Wall Recycling,
LLC. Pursuant to Section 44.55, the applicant has provided information about his business organization, equipment,
personnel and fiscal responsibility. The Environmental Management Director and the Chief Financial Officer have no
objections to the franchise request. The initial franchise period would run for seven years. A second reading is
required.
Approval of the Second Reading of a Solid Waste Franchise for Top Shelf Waste Systems, Inc. – County Attorney
The Commissioners approved the second reading to award a solid waste franchise renewal to Top Shelf
Waste Systems, Inc. Pursuant to Section 44.55, the applicant has provided information about his business
organization, equipment, personnel and fiscal responsibility. The Environmental Management Director and the Chief
Financial Officer have no objections to the franchise renewal request. The renewal franchise period would run for
seven years. The first reading was approved unanimously on January 21, 2020.
A copy of the franchise agreement is available for review in the legal department.
Approval of Wilmington Christian Academy Request for a Deputy – Sheriff’s Office
The Commissioners approved a request by Wilmington Christian Academy for one Sheriff’s Deputy to
provide law enforcement security, serve as a mentor, and act as a liaison between school administration and New
Hanover County's Sheriff's Office. This is a revenue generated position. No budget amendment is needed.
Adoption of Budget Amendments – Budget
The Commissioners adopted the following budget amendments which amend the annual budget ordinance
for the fiscal year ending June 30, 2020:
Social Services 20-041
Senior Resource Center 20-042, 20-043, 20-051
Library 20-044, 20-045
Emergency Management 20-046
Sheriff’s Office 20-047, 20-048, 20-049, 20-050
Copies of the budget amendments are hereby incorporated as part of the minutes and are contained in
Exhibit Book XLII, Page 4.1.
REGULAR ITEMS OF BUSINESS
PRESENTATION OF SERVICE AWARDS AND INTRODUCTION OF NEW EMPLOYEES
County Manager Coudriet recognized the following employee receiving a retirement award:
Teresa Baughman, Social Services, retiring with twenty-two years of service
Chair Olson-Boseman presented retirement awards to the retirees and the Commissioners expressed
appreciation and thanked them for their years of dedicated service.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34
REGULAR MEETING, FEBRUARY 17, 2020 PAGE 477
County Manager Coudriet requested the following employees to step forward to receive service awards:
Five Years: Rebecca Bissette, Social Services
Alicia Herrmann, Information Technology
Ten Years: Charles Fonti, Sheriff’s Office
Fifteen Years: Robert Harrell, Sheriff’s Office
Twenty Years: Efrain Granda, Sheriff’s Office
Raj Nandlal, Sheriff’s Office
Twenty-Five Years: Renee Chesnut, County Attorney’s Office
Chair Olson-Boseman presented a service award to each person and the Commissioners expressed
appreciation and thanked each one for their years of dedicated service.
County Manager Coudriet requested the following new employees to stand and be introduced:
Antonio Brown, Environmental Management
Kayla Ceasar, Health and Human Services
Deborah Chappell, Cooperative Extension
Cody Doan, Parks and Gardens
Lori Furr, Engineering
Michael Golonka, Community Justice Services
Quajii Harrison, Community Justice Services
Rachelle Mooney, Health and Human Services
Michele Tidd, Social Services
Vance Wrenn, Building Safety
Mary Wright, Health and Human Services
The Commissioners welcomed the employees to County Government and wished them success in their new
positions.
RATIFICATION OF FEMA 2019 HAZARD MITIGATION PROGRAM (HMP) AND HAZARD MITIGATION PROGRAM –
DISASTER RECOVERY (HMP-DR) 4465 (DORIAN) GRANT PROPOSALS/APPLICATIONS
Emergency Management Assistant Director Anna McRay stated the County has the opportunity to submit
Letters of Intent (LOI) for grant funding opportunities associated with Hurricane Dorian disaster recovery efforts. The
proposed projects are intended to enhance resiliency and support community mitigation efforts across the
region. The County was notified of this opportunity on January 13, 2020 and LOIs to participate were submitted to
North Carolina Emergency Management by the due date of January 31, 2020. The Board is being asked to ratify the
submission of the letters of intent at this time. The projects are as follows:
Project 1: HMP-DR #4465 Project: Resilient Infrastructure – New Hanover County Military Cutoff
Culvert Installation:
Project amount request: $420,000 (75% Federal share)
$105,000 (25% State share)
$525,000 total
The results of this analysis completed by Sungate Design Group in response to Hurricane Florence
flooding that occurred in the subdivision along Smith Creek recommends placing a 66-inch RCP adjacent
to the south side of Culvert No. 2 (1 @ 11’ x 7’ RCBC). The 66-inch RCP should be placed 1-foot above
the bed elevation as to allow the daily flow to only pass through the 1 @ 11’ x 7’ RCBC and the 66-inch
RCP to be used during flooding events. The outlet channel from Culvert No. 2 to the downstream side
of Culvert No. 3 should be widened from a 6-foot base ditch to a 10-foot base ditch. It is also
recommended that the County investigate removing the 3 @ 36” HDPE and the earthen embankment
located between Zest Court and Peppercorn Court just downstream of Culvert No. 1.
Project 2: HMP-DR #4465 Project: Resilient Infrastructure – New Hanover County Southern Castle
Hayne Project:
Project amount request: $315,000 (75% Federal share)
$ 78,750 (25% State share)
$393,750 total
Partnering with NCDOT, the scope of work would support the installation of larger pipes and culverts
in this area and permit the County to improve the out-falling canal and drainage outlet. The proposed
funding would support the completion of the entire Castle Hayne project and enhance flood safety for
anticipated residential growth in the area over the next 10-20 years. This proposal is an extension of
another project in northern Castle Hayne into the southern Castle Hayne to the exchange of Routes
117 and 133.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34
REGULAR MEETING, FEBRUARY 17, 2020 PAGE 478
Project 3: HMP-DR #4465 Project: New Hanover County Flood Gauge Program:
Project amount request: $210,000 (75% Federal share)
$ 52,500 (25% State share)
$262,500 total
The County seeks $210,000 in federal funds to procure and install five (5) river gauges to monitor water
stream flow and capacity. Of this, $210,000 would be set aside for procurement, studies, installation,
and maintenance for each of the five sites (estimating $40,000 each) with the remaining funds
identified for program maintenance and administration during the grant performance period.
Project 4: HMP-DR #4465 Project: New Hanover County Property Elevations:
Project amount request: $630,000 (75% Federal share)
$157,500 (25% State share)
$787,500 total
The County is seeking $630,000 in federal funds to assist identified property owners with elevation of
their homes. The identified properties have sustained repetitive and severe repetitive losses as defined
by the National Flood Insurance Program (NIFP) over the course of time and are eligible for
consideration with a project such as this. The County will work with NCEM to elevate the homes to
prevent future flood damage. The County will request bids for the elevation work and will oversee
construction on each property. Five percent of the award will be used for project maintenance and
administration.
Project 5: HMP-DR #4465 Project: New Hanover County Public Education and Outreach:
Project amount request: $20,000 (75% Federal share)
$ 5,000 (25% State share)
$25,000 total
The County proposes investing $20,000 in federal funds into the #ReadyNHC outreach initiative, a
whole community, all-hazards education and outreach program focused on enhancing awareness and
preparedness for the threats and hazards to which the County is vulnerable and how simple mitigation
efforts can reduce the impacts of these hazards. The first phase of this program was rolled out to more
than 1,800 County staff members to enhance awareness of threats and hazards through “Lunch and
Learn” workshops, brochures, and other handout materials. Phase two expands this program to the
general community and seeks to enhance outreach by:
Expanding the Lunch and Learn series to include opportunities to include flood risk and
mitigation efforts
Develop and distribute short videos that can be shared on NHCTV and other social media
platforms to enhance general awareness for all threats and hazards
Provide closed captioning on videos for deaf and hard of hearing communities of these
materials
Develop and distribute informational flyers and brochures on flood hazards and mitigation
steps to expand on current CRS processes and resources, particularly to severe loss and
repetitive severe loss property owners
Project 6: HMP-DR #4465 Project: New Hanover County Survivor Day Program:
Project amount request: $10,000 (75% Federal share)
$ 2,500 (25% State share)
$12,500 total
The County proposes investing $10,000 in federal funds into the Survivor Day concept as a part of the
#ReadyNHC outreach initiative, a whole community, all-hazards education and outreach program
focused on enhancing awareness and preparedness for the threats and hazards to which the County is
vulnerable and how simple mitigation efforts can reduce the impacts of these hazards. The first phase
of this program was rolled out to more than 1,800 County staff members to enhance awareness of
threats and hazards through “Lunch and Learn” workshops, brochures, and other handout
materials. Phase two includes enhanced outreach efforts including video and materials in languages
other than English. Phase three supports the introduction of the Survivor Day concept. The first part of
this effort will focus on general citizens, the second part will focus on faith-based, non-profit, and small
business preparedness, and the third part will focus on integration of larger businesses (greater than
200 employees) in the region for preparedness efforts.
In response to Board questions, Strategy Analyst Eliza Baldwin stated in regard to Project #4: HMP-DR #4465
Project: New Hanover County Property Elevations, five houses would fall into the category.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34
REGULAR MEETING, FEBRUARY 17, 2020 PAGE 479
Hearing no further discussion, Chair Olson-Boseman asked for direction from the Board.
Motion: Chair Olson-Boseman MOVED, SECONDED by Vice-Chair Kusek, to ratify the FEMA 2019 Hazard Mitigation
Program (HMP) and Hazard Mitigation Program – Disaster Recovery (HMP-DR) 4465 (DORIAN) grant
proposals/applications. Upon vote, the MOTION CARRIED UNANIMOUSLY.
FISCAL YEAR 2020 SECOND QUARTER FINANCIAL RESULTS
Chief Financial Officer Lisa Wurtzbacher presented the Fiscal Year 2020 second quarter financial results
which includes financial activity through December 31, 2019:
Second Quarter Financial Summary:
General Fund – Revenues:
Total general fund revenues at 53.5% of budget
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$129.9 million in property tax received with due date of January 6
25% of budgeted sales tax collected
Second quarter comparisons:
2018: Ad Valorem was $122.2 million; Other was $39 million
2019: Ad Valorem was $126.7 million; Other was $32.2 million
2020: Ad Valorem was $129.9 million; Other was $37.3 million
Debt Service Revenues:
Revenues collected 39.0% of budget
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$17.1 million in property tax received with due date of January 6
25.1% of budgeted sales tax collected
Second quarter comparisons:
2017: Ad Valorem was $15.6 million; Other was $4.8 million
2018: Ad Valorem was $16.6 million; Other was $6 million
2019: Ad Valorem was $17.1 million; Other was $6.4 million
General and Debt Service Expenditures:
Expenditures through the second quarter represent 47.4% of budget
Debt service increase planned in 2020 budget
Education down due to capital funding in capital project fund
Fire Services:
Total revenues collected represent 55.8% of budget
Property tax revenues collected 80.3% of budget
Expenditures are slightly higher than prior year
Second quarter comparisons:
2018: Revenues were $8.3 million; Expenses were $7.6 million
2019: Revenues were $8.9 million; Expenses were $7.8 million
2020: Revenues were $9.3 million; Expenses were $8.9 million
Environmental Management:
Charges for services are 50.2% of budget
Reimbursements for Hurricane Florence received
Expenses significantly lower than prior year due to Hurricane Florence
Second quarter comparisons:
2018: Revenues were $6.1 million; Expenses (excluding transfers) were $5.4 million
2019: Revenues were $7.5 million; Expenses (excluding transfers) were $19.8 million
2020: Revenues were $11.1 million; Expenses (excluding transfers) were $4.8 million
In response to Board questions, Ms. Wurtzbacher stated she will find out and report back to the Board on
the tonnage percentage in the new cell that was recently opened and when any expansion is anticipated to be
opened up as well as the costs associated with the landfill gas-to-energy system. Environmental Management has a
five-year capital improvement plan and these types of projects are in the plan.
Commissioner Barfield noted on a recent news report concerning recyclables and how many states and
municipalities have stopped recycling programs because China is not buying the plastics. As a result, more is being
put into the landfills. He knows money is being spent, currently, with Sonoco rather than receiving funds, but he
hopes the program will not be discontinued here. The money for those commodities has reduced and it may affect
future budgeting.
Chair Olson-Boseman thanked Ms. Wurtzbacher for presenting the information.
APPOINTMENT OF COUNTY COMMISSIONER TO WAVE BOARD
Chair Olson-Boseman stated in connection with the appointment of a County Commissioner to the Wave
Board she would nominate Commissioner White. Vice-Chair Kusek seconded the nomination.
Motion: Chair Olson-Boseman MOVED, SECONDED by Vice-Chair Kusek, to appoint Commissioner White to the
Wave board and directed the Clerk to the Board to amend the 2020 Commissioner Appointment list to reflect the
Board’s action.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34
REGULAR MEETING, FEBRUARY 17, 2020 PAGE 480
Commissioner Zapple asked if he was correct that the Wave Board member must also be a member of the
Wilmington Metropolitan Planning Organization (WMPO) board as part of the County’s memorandum of
understanding with the two organizations. Chair Olson-Boseman confirmed this was correct. Commissioner Zapple
stated as such, he thinks the obvious choice would be Commissioner Barfield who served on the Wave Board until it
was restructured and also the WMPO and has a long history with Wave. He thinks Commissioner Barfield would be
appropriate as a representative of the community and also representing the diversity of the Wave constituents. He
stated he would be interested to know what Chair Olson-Boseman and the other Commissioners thought about it.
Chair Olson-Boseman called the question on the motion on the floor.
Commissioner Barfield asked what is the racial diversity of the restructured board and if there was any
diversity whatsoever as he does not know the makeup. County Manager Coudriet responded that the current board
is inclusive of City Manager Sterling Cheatham, himself, Deputy County Attorney Kemp Burpeau, Chief Financial
Officer Lisa Wurtzbacher, City Finance Director Jennifer Maready who has a designee, City Attorney John Joye, and
City Council appointee Paul Lawler.
Hearing no further discussion, Chair Olson-Boseman called for a vote on the motion on the floor.
Upon vote, the MOTION CARRIED 3-2. Commissioners Barfield and Zapple dissenting.
A copy of the revised 2020 Commissioner Appointment list is hereby incorporated as part of the minutes
and is contained in Exhibit Book XLII, Page 4.2.
COMMITTEE APPOINTMENTS
Appointments to the New Hanover County Tourism Development Authority
Chair Olson-Boseman reported that four vacancies exist on the New Hanover County Tourism Development
Authority with two applications available for consideration.
Chair Olson-Boseman nominated Anne E. Brodsky for reappointment and Tom Ullring for appointment.
Vice-Chair Kusek seconded the nominations.
Hearing no further nominations, Chair Olson-Boseman called for a vote for the nominations on the floor.
Vote Results: The Board voted UNANIMOUSLY to reappoint Anne E. Brodsky in the Kure Beach Hotel
Owner/Manager category and appointed Tom Ullring in the Carolina Beach Hotel Owner/Manager category to the
New Hanover County Tourism Development Authority to serve three-year terms with the terms to expire December
31, 2022.
Appointments to the Wilmington/New Hanover Port, Waterway and Beach Commission
Chair Olson-Boseman reported that three vacancies exist on the Wilmington/New Hanover Port, Waterway
and Beach Commission with one applicant eligible for reappointment and four additional applications available for
consideration.
Commissioner White nominated Dennis Barbour, Harry M. Knight, and Eve Phillips for appointment.
Commissioner Zapple nominated Dennis Barbour, Adrienne Cox, and Eve Phillips for appointment.
Hearing no further nominations, Chair Olson-Boseman called for a vote for the nominations on the floor.
Vote Results: The Board voted UNANIMOUSLY to reappoint Dennis Barbour in the NC Beach and Waterway
Association category and Eve Phillips in the Terminals and Industry category to the Wilmington/New Hanover Port,
Waterway and Beach Commission to serve three-year terms with the terms to expire February 28, 2023.
Vote Results: The Board voted in the majority to appoint Harry M. Knight in the Environmental Concerns category,
to the Wilmington/New Hanover Port, Waterway and Beach Commission to serve a three-year term with the term
to expire February 28, 2023. Chair Olson-Boseman, Vice-Chair Kusek, Commissioner Barfield, and Commissioner
White voted in favor.
PUBLIC COMMENT ON NON-AGENDA ITEMS
Chair Olson-Boseman reported that three persons signed up to speak on non-agenda items and invited the
speakers to step forward.
David Buzzard, resident of Foxworth Drive, stated he is a North Carolinian, UNCW graduate, a taxpayer for
seven years, and a combat veteran who received two purple hearts doing his duty to defend the constitution. In
2020 there seems to be attempts by politicians to encroach on fundamental rights guaranteed within the national
and state founding documents. Due to a highly misinformed public aided by media or disagreements with the policy
and principles, know that these unconstitutional infringements are not acceptable to us, the people. He is not alone
nor an anomaly and people will not sit idly by as our nation is against our founding and our constitutional rights,
eroded one by one. He requested the Board to bring forward a resolution protecting the second amendment
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34
REGULAR MEETING, FEBRUARY 17, 2020 PAGE 481
protection as listed in the constitution. Attempts have been made to contact the Board and to be put on the agenda
and the group has been ignored. They are here today to confront the Board and to hand in the proposed resolution
for the Board to either do its job and put the group on the agenda or not. If the Board does not the people will see
that and will vote accordingly as they should, in a republic. He asked that the Board follow its job as listed under the
constitution and support citizens’ second amendment rights to free law-abiding citizens to maintain and bear arms.
Tom Greer, resident of Voyagers Way, thanked the Board for hearing about the important resolution
pertaining to one of our most crucial rights. The people and constituents of New Hanover County are seeking the
approval to adopt the second amendment resolution as a permanent resolution. Original attempts have fallen on
deaf ears and the Board is being asked to adopt a resolution regarding the second amendment in protection of the
constitution.
Charles Ivy, resident of Sunglow Drive, stated he and the other speakers are present to ask that the Board
stand with the citizens to protect rights given by the constitution of the state and federal governments, while voting
against legislation that would encroach on liberties to address the right of the issues. House Bill 454 seeks to require
means of serious consideration before passing a law and he and others do not see the evidence that House Bill 454
works. The state lacks the authority to pass the government right, Article 1, Section 30, to keep and bear arms. This
violates due process laws as well as pre-crime punishment for other legal issues. It increases violence against those
that must serve warrants on individuals that may or may not know why they are being subjected to enforcement.
Anyone can be subjected without concrete evidence. The Board is being asked to vote and adopt into the record a
measure for making New Hanover County a constitutional right county.
Commissioner White stated as a point of personal privilege and speaking for himself, not this Board, nor
any of the other members of the Board, he has been a strong supporter of the second amendment, proudly spoken
at National Rifle Association (NRA) banquets in the past and hopes to in the future. He possesses lawfully a number
of firearms, takes care of them, and informs himself on their safety, how to use them, and taught his children to lock
and load and shoot straight. He and his son have lifetime hunting licenses. While he does not recall receiving the
emails concerning this request and is mindful in responding to emails, he will look to see if any did reach him and
apologized for not responding. In the seven years that he has been on the Board, four years as Chair, he has received
dozens of requests for resolutions ranging from things like flag burning, abortion, and the second amendment, to
immigration, state legislation, and federal legislation. Sometimes board members take positions on things the
County government is chartered to consider as an extension of state government, but it's rare. As a personal opinion,
he has not supported bringing forth resolutions such as this because this is a local government and it is basically
blocking and tackling for education, public safety, land use planning. These are the things the Board considers 99%
of the time and are not partisan in nature. While he realizes the speakers are not trying to make the matter partisan,
the national narrative is such that it is partisan. This comes out of the constitution which the members have sworn
to uphold which he takes seriously and never violated a breach in anyway. He supports the speakers taking time to
come to the meeting and supports every word of their amendment and support of the second amendment. He will
work feverishly to be sure it is never eroded. More laws are needed against criminals and not those that legally
possess weapons. He has seen this across the state and some counties have taken it up while others have not. The
Board has so much to do locally on the things the Board and County are chartered by law to consider, that's why, as
a personal opinion, he has not supported bringing forth this or other resolutions. He felt in this case the speakers
deserved and earned an explanation from him.
Chair Olson-Boseman stated she also has a conceal carry permit, is very much in favor of the second
amendment, and her son also has a lifetime fishing and hunting license.
Vice-Chair Kusek stated she also comes from a home and family of responsible gun ownership. She thanked
the speakers for everything they are doing and stand for. She supports Commissioner White’s comments about the
Board’s stance to focus on the things it is charged to do and can do something about.
Commissioner Zapple thanked the speakers for attending and speaking to the Board to put a focus on this
matter. He also is a very strong supporter of the second amendment and would also like to keep the Board’s focus
on what is here locally. While not directly connected, but it is in our national commentary on guns and gun safety.
February 14, 2020 was the second anniversary of the shootings in Parkland, Florida that left 17 killed and 17 injured.
There is a larger debate that he knows the speakers are vocal in and he understands it from their unique position.
Something must be done about the gun violence happening throughout the entire country.
ADDITIONAL AGENDA ITEMS OF BUSINESS
Adoption of Budget Amendment 20-052
Ms. Wurtzbacher presented budget amendment 20-052 stating it relates to several school safety initiatives.
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All of the positions being proposed are for four months, assuming they would start March 1. It includes two Title IX
investigators, an administrative assistant for Title IX, and a professional standards investigator. It also includes
Darkness to Light training manuals and the local portion of the Superintendent contract payout. The total amount is
$358,420.
Chair Olson-Boseman asked for direction from the Board on the budget amendment.
Motion: Commissioner White MOVED, SECONDED by Chair Olson-Boseman, to adopt budget amendment 20-052.
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In response to Board questions, Ms. Wurtzbacher stated that she believes the two investigator positions
are being proposed as permanent. Chair Olson-Boseman stated that the Board of Education Chair Lisa Estep
contacted her the prior week requesting two more investigators for Title IX due to the amount of requests. She does
believe they are going to be permanent because the school system has been understaffed in this area. Assistant
Superintendent of Support Services Julie Varnam stated it is accurate the school system is interested in having these
as permanent positions mainly because under Title IX regulations and best practices, it is important to have a Title
IX director that is not immediately investigating but is taking investigation details and then making determinations
so that any kind of conflict of interest is removed. In addition, they do have situations that are being reported to
them that have not been reported, or not recently reported, to those that are currently working within the district
and those are being investigated very thoroughly, so it is taking a huge amount of manpower.
In response to Board questions, Ms. Varner stated she does not know that she can personally answer why
this has not happened before. She is working around a very committed staff who are interested in being very
objective and investigating every single concern, regardless of the source. She explained that Title IX is a federal
regulation with emphasis focused on mainly sex offenses or sexual harassment. The broad definition is not
necessarily of what would be typically a physical assault. It is whatever a person perceives to be an offense. It is
rather underutilized in the k-12 setting, it is more utilized in higher education, but of course our community is in
need of this type of support and it is very important for our school district to move in this direction. Work that has
been done around Title IX in the past year has been expansive, and efforts are being made to consider all of the
regulatory aspects, such as the unique types of investigations and safety plans that are interim measures while
investigations may take longer than general disciplinary investigations. It's a much more layered approach to
supporting those who report offenses than those who are accused.
In response to Board questions, Ms. Varnam confirmed that in the past the person in charge of the program
also did the investigating, which causes a conflict of interest. As the school system has become more informed and
educated on Title IX processes, it was realized the best practice efforts, and it is being seen internally, is most helpful
for an investigator to be objective and to routinely investigate and gather the facts so the Title IX trained individual
is able to make determinations based on experience and in-depth knowledge of Title IX practices. As to this need
being communicated in the past to the school board leadership and to the previous superintendent(s), as a senior
leadership team within the district, the team has continually grown more and more knowledgeable of the processes.
She would say yes, whether it's specific to Title IX or personnel investigations, having those investigations be more
objective and removing conflict of interest has been communicated to the school board leadership and the previous
superintendent.
Commissioner White expressed appreciation to Ms. Varnam for responding to Commissioner Barfield’s
questions. As implied in Commissioner Barfield’s questions, and a view he shares, is that perhaps there has not been
enough commitment in the past. Now that it is being done, it needs to be done right and we need to get it right. As
a member of the UNCW Board of Trustees, there is an experienced system at UNCW and it complies with the federal
department of education. Two new investigators were recently hired by UNCW for very similar reasons of backlog.
The rules being considered by the district are also under review by the Secretary of Education and new rules may be
promulgated this month or next. He encouraged that the school system to have uniformity with UNCW and Cape
Fear Community College on the rulemaking, objectivity, and the audit of how long it takes from the day a report
comes in to the day the case is closed with whatever disposition. The rules are critical and have to provide due
process for whoever is the subject of the action. An objective investigation that ensures due process is critical.
Ms. Varnam expressed appreciation to the Commissioners for their comments and noted that there are
UNCW Title IX staff working with the district’s Title IX committee in its policy determinations.
Commissioner Board stated that the next challenge is to communicate with the public to put them at ease
that there are people listening, and doing so attentively, to their concerns and their concerns will not be dismissed
due to implicit bias or the way it was brought forward. It is important to him that this be made known throughout
the community that people are being listened to. Listening can be done better, not just with sexual assault, but also
with racial disparity and cultural competency in schools. Ms. Varnam responded that she agrees, appreciates the
Board’s responses, and the district’s communication to the community is extremely important right now.
Chair Olson-Boseman stated there is no price to keep our children safe. Whatever the school system needs
to do this, she asked Ms. Varnam to not hesitate to come to the Board to ask for assistance.
Hearing no further discussion, Chair Olson-Boseman asked for a vote on the motion on the floor.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the budget amendment 20-052 is hereby incorporated as part of the minutes and is contained in
Exhibit Book XLII, Page 4.3.
In other additional items of business, Commissioner Barfield thanked the Cape Fear Museum staff for
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putting on a great program on Sunday, February 16 in honor of Black History Month. He and his father, who is a
former County Commissioner, participated in the program and enjoyed the conversation with the attendees.
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REGULAR MEETING, FEBRUARY 17, 2020 PAGE 483
CLOSED SESSION
Chair Olson-Boseman stated the Board will enter into a Closed Session pursuant to North Carolina General
Statute (NCGS) 143-318.11(a)(6) to consider personnel matters and asked for direction from the Board.
Motion: Chair Olson-Boseman MOVED, SECONDED by Vice-Chair Kusek, to enter into a Closed Session pursuant to
NCGS 143-318.11(a)(6) to consider personnel matters. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chair Olson-Boseman convened to Closed Session at 10:00 a.m. and stated that all persons not Board
members or specifically designated staff are asked to leave at this time.
CONVENE TO REGULAR SESSION
Chair Olson-Boseman called the meeting back to order at 10:05 a.m. and reported that the Board has
concluded consideration of personnel matters. The Board was in closed session for an evaluation of County Manager
Chris Coudriet and County Attorney Wanda Copley. The Board unanimously agreed to extend both Mr. Coudriet’s
and Mrs. Copley’s contracts through June 30, 2024, which is an extension of three years and three and a half months,
respectively. No other contractual changes were made.
Mr. Coudriet was hired in January 2008 as an Assistant County Manager and promoted to County Manager
in June 2012. Mrs. Copley was hired in June 1984 as Assistant County Attorney and promoted to County Attorney in
April 1992. They both work hard every day for the Board of Commissioners and on behalf of the citizens. This Board
trusts their guidance and is confident in their abilities to continue leading the work of New Hanover County. It was
important that the Board conduct a thorough review of their work and contracts to help ensure that it is able to
keep them at the helm of this organization for at least another three years.
ADJOURNMENT
There being no further business, Chair Olson-Boseman adjourned the meeting at 10:08 a.m.
Respectfully submitted,
Kymberleigh G. Crowell
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 checkout at all New Hanover County Libraries and online
at www.nhcgov.com.