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2007-06-04 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JUNE 4, 2007 PAGE 111 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, June 4, 2007, at 5:30 p.m. in the Human Resources Training Center, New Hanover County Government Center, 230 Government Center Drive, Suite 135, Wilmington, North Carolina. Members present were: Chairman William A. Caster; Commissioner William A. Kopp, Jr.; Commissioner Nancy H. Pritchett; County Manager Bruce T. Shell; County Attorney Wanda M. Copley and Clerk to the Board Sheila L. Schult. Vice-Chairman Robert G. Greer was absent and Commissioner Ted Davis, Jr. arrived at 7:06 p.m. Chairman Caster called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Dr. Samuel Zumwalt, Pastor of St. Matthew's Evangelical Lutheran Church, gave the invocation. Commissioner Kopp led the audience in the Pledge of Allegiance to the Flag. Chairman Caster reported that Commissioner Davis is attending the final interview of candidates for Cape Fear Community College President and would be arriving as soon as possible. Chairman Caster congratulated Commissioner Nancy Pritchett on being the recipient of the North Carolina Community Council?s North Carolina Leadership Award in the County Commissioner category. The award is being presented this evening at a ceremony in Raleigh. Commissioner Pritchett reported that her son was receiving the award on her behalf. APPROVAL OF CONSENT AGENDA Chairman Caster asked if any member of the Board would like to remove an item from the Consent Agenda for discussion. Hearing no comments, Chairman Caster requested a motion from the Board to approve the items on the Consent Agenda as presented. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED 3 TO 0. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes from the Agenda Review meeting held on May 17, 2007 and the Regular Session meeting and Closed Session Meeting held on May 21, 2007, as presented by the Clerk to the Board. Approval of New Hanover County Board of Education Budget Amendment #3 and Capital Outlay Budget Transfer ? New Hanover County School System The Commissioners approved the New Hanover County Board of Education Budget Amendment #3 that appropriates funds in the amount of $15,000 from the Board of Education capital outlay fund balance for facility upgrades for the Exceptional Children classroom at Parsley Elementary and the transfer of funds from Capital Outlay to Annie H. Snipes Academy in the amount of $2,026,473.27 and Sunset Park Elementary in the amount of $1,137,777 to cover project bids that came in over the estimated amounts. Approval of Board of Education's Application to Request the Release of Public School Building Capital Funds for Annie H. Snipes Academy of Arts and Design ? New Hanover County Board of Education The Commissioners approved the Board of Education?s request for the release of $492,652.73 from the Public School Building Capital Fund for renovations, minor site improvements and technology upgrades for the Annie H. Snipes Academy of Arts and Design and authorized the Chairman to sign the request. Funds from the 2005 Local School Bond Funds will be used for the required match. Adoption of Resolution Appointing Map Review Officers for the City of Wilmington The Commissioners adopted a resolution appointing the following as Map Review Officers for the City of Wilmington from the City's Development Services Department: Ronald H. Satterfield, Jr., Senior Planner James A. Diepenbrock, Associate Planner David E. Cowell, P. E., Construction Manager Carl H. Farmer, Jr., P.E., Division Engineer John Fullerton, Zoning Administrator A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXX, Page 24.1. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JUNE 4, 2007 PAGE 112 Approval of Shared Family and Children?s Medicaid Position with the Wilmington Health Access for Teens ? Department of Social Services The Commissioners approved, on behalf of the Department of Social Services, a shared Family and Children?s Medicaid position with Wilmington Health Access for Teens. The position will be out-stationed at the Wilmington Health Access for Teens facility to assess and initiate applications for medical coverage through the Medicaid program. The position will be funded with a combination of federal and non-federal revenues. The non- federal share for the cost of the position, salary, benefits, travel, etc. will be shared by New Hanover Community Health Center and Wilmington Health Access for Teens. No County funds are required. Approval of Cash Management Policy Revision ? Finance Department The Commissioners approved the following revisions to the Cash Management Policy to comply with accounting changes brought about by Governmental Accounting Standards Board Statement Number 40, "Deposits and Investment Risk Disclosures": ? Deposits - Custodial Credit Risk: This ensures that all funds on deposit are secured by the bank through deposit insurance, surety bonds or investment securities. (Added in Section 4.2) ? Investments - Custodial Credit Risk: This ensures that the County investments will be held in trust by a third party custodial agent. ? Deleted names of employees and replaced with names of positions. Approval of Amendments to the New Hanover Public Safety Communications Center Agreement and Bylaws - Emergency Management The Commissioners approved the following amendments to the New Hanover Public Safety Communications Center Agreement and Bylaws: ? Paragraph 1: Add Town of Carolina Beach, Town of Kure Beach, Town of Wrightsville Beach and UNC-Wilmington as signatories to the Agreement and Bylaws ? Article IV, Section 1: Add Town of Carolina Beach, Town of Kure Beach, Town of Wrightsville Beach, Wrightsville Beach Police Department, University of North Carolina Wilmington Police Department, and New Hanover County Emergency Management as voting entities, bringing the total number of voting entities up to thirteen (13). Only appointees and their alternates may vote for the listed entities. ? Article VI, Section 1: Add Item D; The New Hanover Public Safety Communications Center Board is responsible for authorizing use of the 800 MHz radio system by requesting agencies and establishing procedures for developing radio programming templates. ? Article VIII, Section 3: A quorum shall consist of six (6) of the appointed voting members of the New Hanover Public Safety Communications Center Board. Delete: a majority Adoption of Budget Ordinance Amendments ? Budget Department The Commissioners adopted the following budget ordinance amendments: 07-239 ? Department Social Services 07-252 ? Board of Elections/Governing Body 07-253 ? Non-Departmental/General Government Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXX, Page 24.2. REGULAR AGENDA ADOPTION OF PROCLAMATION DECLARING THE MONTH OF JUNE 2007 AS ELDER ABUSE AWARENESS MONTHIN NEW HANOVER COUNTY Chairman Caster reported that the Cape Fear Elder Abuse Prevention Network has requested the Board declare the month of June 2007 as Elder Abuse Awareness Month in New Hanover County. Commissioner Pritchett read the proclamation into the record and made a motion for adoption. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to adopt the proclamation declaring the month of June 2007 as Elder Abuse Awareness Month in New Hanover County. Upon vote, the MOTION CARRIED 3 TO 0. On behalf of the Cape Fear Elder Abuse Prevention Network, Director of Aging, Annette Crumpton accepted the proclamation. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 24.3. WITHDRAWAL OF AGENDA ITEM 2.2 AND CONTINUATION OF AGENDA ITEM 2.3 Chairman Caster reported that at the request of Withers and Ravenel, on behalf of Louise M. Stevens, Agenda Item 2.2 has been withdrawn and at the request of Shanklin and Nichols, PA, on behalf of Mason Landing Yacht Club, LLC, Agenda Item 2.3 will be continued until the Commissioners? July 9, 2007 meeting. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JUNE 4, 2007 PAGE 113 PUBLIC HEARING ON THE FY 2007-2008 RECOMMENDED BUDGET Chairman Caster opened the Public Hearing and requested Budget Director Cam Griffin to make the Staff presentation. Budget Director Griffin reported that the following three agencies are scheduled to speak on budget issues: ? New Hanover County School System ? Cape Fear Community College ? Health Department Budget Presentation for New Hanover County School System Board of Education Chairman, Donald S. Hayes, introduced members of the Board of Education and expressed appreciation to the Board for their support of the school system?s needs. Board of Education Member, Edward B. Higgins, reported that they have worked hard on the budget request and requested the Board continue funding the school system?s needs. Finance Director, Mary Hazel Small, presented a summary of the school system?s operating budget for FY 2007-2008 in the amount of $200 million and capital outlay summary in the amount of $8.7 million and capital funding sources outlining projected enrollment growth, system-wide goals and increased operating costs. The school system is requesting county appropriation in the amount of $88,587,977. Superintendent of Schools, John Morris, expressed appreciation to the Board for their support of the school system?s needs and introduced staff that was present. Commissioner Kopp reported that New Hanover County is fourth in the state in per pupil allocation and voiced his concern with student drop out rates and the decline in the average daily membership over the past two years stating that the school system is well funded by the County. Superintendent Morris reported on initiatives that the school system has used to help lower student drop out rates such as the Early College Program, flexible school hours and a drop out recovery program and stated that the school system continues to be committed to reducing student drop out rates. Commissioner Pritchett stated that each year she continues to be impressed with the quality of the senior projects that are presented. Budget Presentation for Cape Fear Community College Dr. Eric McKeithan, President of Cape Fear Community College, introduced Camellia Rice, Vice President of Business Services and expressed appreciation to the Board for their support. He expressed appreciation to County Manager Bruce Shell for including the requested amount in the recommended budget. Budget Presentation for the Health Department Board of Health Chairman, Edward Weaver, requested the Board?s support of one Administrative Support Technician position due to the expansion of programs and an increase in work load. Budget Requests from Non-County Agencies and Public Comments The following persons requested funding from the Board: ? Clark Pennell, representing the Food Bank of Central and Eastern North Carolina, presented an overview of their program stating that they work in close partnership with several county and non- county agencies and requested funding in the amount of $20,000. ? Dick Robbins, Cape Fear Literacy Council, presented an overview of their program of one on one tutoring and requested funding in the amount of $15,000. ? Margaret Haynes, Board of Elections Chairman, presented an overview of their request for one new full-time position for an Elections Program Coordinator. ? Tom Cunningham, Greater Wilmington Art and Cultural Alliance, presented an overview of their program and requested funding in the amount of $20,000. ? Marty Pridgen, resident of New Hanover County, stated that she is in support of the County Manager?s recommended budget stating that the increase is needed to support programs and infrastructure needs. ? Derrick Speller, Burnett-Eaton Museum, presented an overview of their program stating that their goal is to preserve history and to promote understanding and an appreciation of diverse heritage and requested funding in the amount of $52,000. Chairman Caster reported that the Board has been copied on a letter to Cape Fear Public Transportation Authority Director, Albert Eby, from the Fort Fisher Aquarium Director, Donna Moffitt, supporting public transportation services to the Fort Fisher area. On behalf of the Board, Chairman Caster thanked the representatives for their organization?s contributions to the community. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JUNE 4, 2007 PAGE 114 PUBLIC HEARING TO CONSIDER A REQUEST BY WITHERS AND RAVENEL, ON BEHALF OF DAJO CORPORATION, TO CONDITIONALLY REZONE APPROXIMATELY .5 ACRE OF PROPERTY LOCATED AT 5705 CAROLINA BEACH ROAD FROM R-15 RESIDENTIAL DISTRICT TO CD (B-1) CONDITIONAL DISTRICT NEIGHBORHOOD BUSINESS (Z-863, 05/07) Chairman Caster opened the Public Hearing and announced that the Conditional Use Permit process requires a quasi-judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. The following persons were sworn in: Chris O?Keefe Jane Daughtridge Cindee Wolf Michael Davis Allen Masterson Chairman Caster reported that this item is a request to conditionally rezone approximately .5 acre of property located at 5705 Carolina Beach Road adjacent to an existing B-1 Neighborhood Business District and in the Transition Land Classification from R-15 Residential District to CD (B-1) Conditional District Neighborhood Businesswith a potential range of three commercial uses proposed and asked if the owner or his legal counsel was present. Michael Davis confirmed that he is the owner of the property and that Cindee Wolf with Withers and Ravenel has his permission to make the presentation on his behalf. Senior Planner Jane Daughtridge reported that Cindee Wolf with Withers and Ravenel, on behalf of Dajo Corporation, is requesting to conditionally rezone approximately .5 acre of property located at 5705 Carolina Beach Road adjacent to an existing B-1 Neighborhood Business District and in the Transition Land Classification from R- 15 Residential District to CD (B-1) Conditional District Neighborhood Business with a potential range of three commercial uses proposed and presented an overview of the project. Planning Director Chris O?Keefe presented a report on the subject property highlighting that the property is located in the southern portion of the county in an area classified as Transition on the 2006 CAMA Land Classification map. Carolina Beach Road is a divided, multilane, major arterial roadway with the level of service along this segment rated F, meaning traffic volume exceeds design capacity.Adjacent use to the south is zoned B-1 with existing commercial uses and to the north is residential development on Rosa Parks Lane. This property has an access to Rosa Parks Lane, an unimproved residential street, but frontage is on Carolina Beach Road. As a condition for rezoning, the applicant proposes that the use will be restricted to hardware, general merchandise, or retail as allowed under B-1 Neighborhood Business zoning. All other minimum requirements of local, state and federal rules must be met. In accordance with Section 59.7-2(2) of the ordinance, no use is allowed in a conditional district except by special use permit. A companion special use permit will bind the property to the proposed range of uses and site plan if approved. Planning Director O?Keefe read the following findings of facts into the record: 1. The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. Private well water will serve the property. B. A private septic system will serve the project. C. The property proposes access from Carolina Beach Road, an identified arterial. D. Traffic counts increased by about 25% in the vicinity of this site between 2001 and 2005. E. Fire Service is available from the Myrtle Grove FD. F. The property is not located in a flood hazard area. G. Storm water retention must meet the design standards of the County?s storm water ordinance. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The property is zoned R-15 Residential District. This request is made concurrent with conditional rezoning to B-1 Neighborhood Business District. B. The proposed use is limited to hardware, general merchandise, or retail uses as listed on the site plan within one building of approximately 3,500 square feet gross floor area. C. Petitioner proposes nine off-street parking spaces, adequate to accommodate the range of uses listed based on one space per 400 square feet of floor area. D. Traffic access will be via Carolina Beach Road on a shared driveway with the adjacent use to the south. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. No evidence has been submitted that this project will decrease property values of adjacent parcels. B. Storm water management must perform in compliance with the requirements of the County ordinance. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JUNE 4, 2007 PAGE 115 4. The Board must find that 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. A. The 2006 Land Use Plan identifies this area as Transition, which provides for future intensive urban development on lands that have or will have urban services. At the May 3, 2007 Planning Board meeting, they voted 4-0 to recommend approval of the rezoning, adding the following condition that the new building must have a pitched roof of not less than 4:12. No one from the public spoke on this issue. Staff recommends that if vehicular access is connected to Rosa Parks Lane, the developer must pave Rosa Parks Lane from the point of access to Carolina Beach Road. Chairman Caster asked if the Petitioner?s representative would like to speak on the request. Cindee Wolf with Withers and Ravenel, on behalf of Dajo Corporation, presented an overview of the request reporting that there will not be vehicular access to Rosa Parks Lane and clarifying that no loading area is proposed for the project. Allen Masterson, owner of the Discount House, stated that this is an expansion of their existing business for new products. Michael Davis stated that they agree with the findings of facts as presented. Chairman Caster asked if anyone would like to speak in opposition to the request. Hearing no comments, Chairman Caster closed the Public Hearing and asked for direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to approve the request by Withers and Ravenel, on behalf of Dajo Corporation, to rezone approximately .5 acre of property located at 5705 Carolina Beach Road adjacent to an existing B-1 Neighborhood Business District and in the Transition Land Classification from R-15 Residential District to CD (B-1) Conditional District Neighborhood Business finding that the request is: 1) consistent with the purposes and intent of the Transition land classification and the associated land use policies adopted in the 2006 Land Use Plan and; 2) reasonable and in the public interest to allow addition of acreage to an existing B-1 business district and under the terms and conditions outlined in a companion special use permit. Upon vote, the MOTION CARRIED 3 TO 0. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to grant the Conditional Use Permit based on the evidence presented and the findings of fact concluding that: 1) the use will not materially endanger the public health or safety if located 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 following condition that the new building must have a pitched roof of not less than 4:12. Upon vote, the MOTION CARRIED 3 TO 0. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 4 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED ON APRIL 7, 1971, is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 4, Page 80. A copy of the Conditional Use Permit is hereby incorporated as part of the minutes and is contained in SUP Book IV, Page 14.1. BREAK Chairman Caster called for a break from 7:06 p.m. until 7:26 p.m. PUBLIC HEARING TO CONSIDER A REQUEST BY WITHERS AND RAVENEL, ON BEHALF OF CAROTEL, LLC, CLYDE DINKINS, MICHAEL DINKINS, MELVIN DINKINS AND CLAUDE TAYLOR TO REZONE APPROXIMATELY 16.45 ACRES OF PROPERTY LOCATED AT 511, 613, 615, 618, 622 AND 625 VALLIE LANE FROM R-15 RESIDENTIAL DISTRICT TO R-10 RESIDENTIAL DISTRICT (Z- 864, 05/07) Chairman Caster opened the Public Hearing and requested staff to make the presentation. Senior Planner Jane Daughtridge reported that Cindee Wolf with Withers and Ravenel, on behalf of Carotel, LLC, Clyde Dinkins, Michael Dinkins, Melvin Dinkins and Claude Taylor, is requesting to rezone approximately 16.45 acres of property located at 511, 613, 615, 618, 622 and 625 Vallie Lane from R-15 Residential District to R-10 Residential District and presented an overview of the request. The subject properties are located in the southern portion of the county in an area classified as Transition on the 2006 CAMA Land Classification map. The properties are west of Monkey Junction and accessed by local streets. The nearest arterial will be Carolina Beach Road, which carries a Level of Service F; meaning traffic volume exceeds design capacity. To the north and west of the area, single family residential subdivisions are either in place NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JUNE 4, 2007 PAGE 116 or preliminarily approved. Strip commercial uses dominate the area east of the site and fronting on Carolina Beach Road. Planning Director Chris O?Keefe presented a report on the project highlighting that this rezoning petition proposes a change from lower density R-15 residential use to higher density R-10 residential. Interconnectivity with existing subdivisions is reasonably good in this area. Traffic can ultimately feed onto Carolina Beach Road by any one of several local routes that lead to Antoinette Drive, Silver Lake Road, Silva Terra Drive, Julia Lane and Lobos Lane. Additional interconnectivity will be available in the future through the Village at Mott?s Landing to River Road and Sanders Road as well. Between 2001 and 2005, average daily traffic volume along Carolina Beach Road increased by about 25%. The recent moratorium on sewer connections to the Southside Wastewater Treatment Plant could impact the timing of potential development. At the May 3, 2007 Planning Board meeting, they voted 4-0 to recommend approval of the proposed rezoning with no one from the public speaking in regard to this request. Staff recommends approval stating that it appears to be consistent with the strategies for the Transition Classification. Chairman Caster asked if the Petitioner would like to speak on the request. Cindee Wolf with Withers and Ravenel, on behalf of the Petitioners, presented an overview of the request stating that it was consistent with the R-10 zoning. Chairman Caster asked if anyone would like to speak in opposition to the request. Hearing no one, Chairman Caster closed the Public Hearing and asked for direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to approve the request by Withers and Ravenel, on behalf of behalf of Carotel, LLC, Clyde Dinkins, Michael Dinkins, Melvin Dinkins and Claude Taylor, to rezone approximately 16.45 acres of property located at 511, 613, 615, 618, 622 and 625 Vallie Lane from R-15 Residential District to R-10 Residential District finding that the request is: 1) consistent with the purposes and intent of the Transition land classification and the associated land use policies adopted in the 2006 Land Use Plan; and 2) reasonable and in the public interest to allow an increase in base density from 2.5 units per acres to 3.3 units per acre in this location adjacent to existing R-10 districts. Upon vote, the MOTION CARRIED 4 TO 0. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 4 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED ON APRIL 7, 1971, is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 4, Page 81. CONTINUATION OF INTERLOCAL AGREEMENT REQUEST TO PARTNER WITH THE CITY OF WILMINGTON AND CAPE FEAR SOCCER ASSOCIATION Chairman Caster opened the Public Hearing and requested Parks Director Neal Lewis to make the staff presentation. Parks Director Neal Lewis reported that the Board has been requested to join the City of Wilmington in partnering with the Cape Fear Soccer Association (CFSA) in the completion and ongoing maintenance of the Flemington Soccer Complex. The Interlocal Agreement highlights the following commitment by the County: ? The commitment is for three years (July 1, 2007 - June 30, 2010). ? There will be an Oversight Committee for the purpose of monitoring compliance with the Interlocal Agreement and adherence to the annual maintenance contract. The Committee shall be made up of one County staff person, one City staff person and one representative of CFSA for a total of three members. ? The County will make payments of $50,000 per year for the three-year period to reimburse CFSA for development costs associated with the construction of the facility. The City will likewise contribute $33,333 per year. Once these payments are made, the County and the City will each have contributed $300,000 to the project, including the payments made prior to this agreement. ? The County and the City will each contribute up to $75,000 in the first year for maintenance, based on a contract approved by the Oversight Committee. The contract is subject to annual review and adjustments in cost as required. ? CFSA is responsible for all costs associated with construction, repair and improvements to the facility, infrastructure and site amenities. ? Signage at the facility will recognize the County and the City for their financial support. ? The County and the City have the right to use the facility when not being used by CFSA. These uses are subject to approval by the Oversight Committee. County Manager Bruce Shell reported that capital outlay projects qualify for Parks Bond funds but that Parks Bond funds are not available for maintenance projects or debt reduction; if approved by the Board, General Funds will have to be used. Chairman Caster asked is anyone from the public wished to speak on the request. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JUNE 4, 2007 PAGE 117 Joel Tomaselli, Cape Fear Soccer Association, presented an overview of the CFSA highlighting the request for the County to approve the Interlocal Agreement with the City of Wilmington and CFSA. Mr. Tomaselli read a letter into the record by Tony Duque, Brownfield Project Manager with the North Carolina Department of Environment and Natural Resources supporting the request by the Cape Fear Soccer Association. Commissioner Pritchett stated concern on other County leagues not having equal access to fields and the composition and appointment of the proposed Oversight Committee. Parks Director Neal Lewis confirmed that the Veterans Park Oversight Committee has eight members. Commissioner Davis clarified that the fields will be open for public use when not being utilized by the Cape Fear Soccer Association with a three week notice and at the discretion of the Oversight Committee. Mr. Tomaselli stated that they have no intention of excluding anyone from using the CFSA fields. Stephanie Folcher, Port City Soccer, stated her concern of taxpayer funds subsidizing one entity and requested the Board not approve the request. Dennis Kautz stated that he is opposed to the request to use taxpayer money to subsidize the Cape Fear Soccer Association. He suggested that the County funds being requested by CFSA be used to upgrade school fields and existing County parks that are used by more of the residents. Richard Himmelstein stated that he is opposed to the funding request because it is not fair access for all residents and requested the Board table the request. Chairman Caster closed the Public Hearing and requested direction from the Board. Commissioner Davis stated his concern using County funds when the Board is in the budget process considering a tax increase and that at the end of the three years there will be nothing to show for the investment of $475,000 other than the possible use of the fields. He also stated his disappointment that Parks Bond funds are not available for this project and General Funds will have to be used. Commissioner Pritchett stated she was concerned about opening the door to fund other recreational groups. The City of Wilmington has more recreational discretionary funds at their disposal. After discussion voicing concerns with the composition and appointment of the Oversight Committee and field use availability and parameters, Chairman Caster requested a motion from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Chairman Caster, to continue the request considering the Interlocal Agreement with the City of Wilmington and the Cape Fear Soccer Association until the Board?s June 18, 2007 meeting to allow time to address Oversight Committee composition and appointment concerns and field use availability and parameters. Upon vote, the MOTION CARRIED 3 TO 1. Commissioner Pritchett voted in opposition. APPROVAL OF LEASE REQUEST FROM LEADING INTO NEW COMMUNITIES, INC. Frankie Roberts, Executive Director of Leading Into New Communities, Inc. (LINC, Inc.) presented the request to lease the old Jail Annex located at 222 Division Drive reporting that their organization is seeking facilities for transitional housing for men and women re-entering the community from incarceration. Mr. Roberts outlined their future plans stating that they are currently applying for a Federal Department of Justice grant which will more than cover the cost of renovations. Sparks Engineering has estimated the cost of having the facility up and running to be approximately $363,000. County Attorney Wanda Copley reported that the County can lease the property to LINC, Inc. on a long term basis without requiring market rent or competitive bidding. General Statute states that leases over ten years are deemed sales. After discussion, the consensus of the Board is for the term of the lease to be for the annual rent of one dollar for an initial ten year term and renewable at the County?s option for a subsequent ten year term with LINC, Inc. to assume the responsibility of the facility maintenance, repairs and insurance liability. The Board directed staff to proceed with the required publication and to bring a final contract for consideration at their June 18, 2007 meeting. APPOINTMENT OF COMMISSIONER PRITCHETT AS FIRST VOTING DELEGATE AND VICE- CHAIRMAN GREER AS THE ALTERNATE VOTING DELEGATE FOR THE NATIONAL ASSOCIATION OF COUNTIES 2007 ANNUAL CONFERENCE Chairman Caster reported that the Commissioners have been requested to appoint a voting delegate for the National Association of Counties Annual Conference to be held on July 13-17, 2007, in Richmond, Virginia and requested nominations from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Davis, to nominate Commissioner Pritchett as the New Hanover County voting delegate and Vice-Chairman Greer as the alternate voting delegate for NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JUNE 4, 2007 PAGE 118 the National Association of Counties 2007 Annual Conference to be held on July 13-17, 2007 in Richmond, Virginia. Upon vote, the MOTION CARRIED 4 TO 0. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Caster convened from Regular Session at 8:45 p.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Caster reconvened to Regular Session at 8:54 p.m. NON-AGENDA ITEMS Chairman Caster announced that time had been reserved to allow the public to present an item that was not listed on the regular agenda. He requested all persons speaking to limit their remarks to three minutes. No items were presented. ADDITIONAL ITEMS APPROVAL TO PURCHASE FIVE SHERIFF?S OFFICE VEHICLES County Manager Bruce Shell reported that Sheriff Sid Causey has the opportunity to purchase five vehicles at a reduced price, with a savings in the amount of approximately $30,000. Funds are available to be transferred for the purchase and that amount will be reduced from the Sheriff?s Office budget for FY 07-08. Sheriff Causey confirmed that the vehicles are available for a savings of approximately $6,000 each and will be reduced from his FY 07-08 budget. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to approve the request to purchase five vehicles for the Sheriff?s Office and adopt budget ordinance amendment #07-267. Upon vote, the MOTION CARRIED 4 TO 0. A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXX, Page 24.4. ADOPTION OF RESOLUTION REQUESTING THAT THE BUDGET FOR THE STATE OF NORTH CAROLINA BE APPROVED BY JULY 1, 2007 Chairman Caster reported that Martin County Board of Commissioners has adopted a resolution requesting that the State?s budget be approved by July 1, 2007 so that counties will know how to complete their budgets according to State Statutes and have requested that all one hundred counties do the same. Chairman Caster read the resolution into the record and requested direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to adopt the resolution requesting that the budget for the State of North Carolina be approved by July 1, 2007. Upon vote, the MOTION CARRIED 4 TO 0. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 24.5. ADJOURNMENT There being no further business, Chairman Caster called for a motion to adjourn the meeting. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to adjourn the meeting. Upon vote, the MOTION CARRIED 4 TO 0. Chairman Caster adjourned the meeting at 9:00 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board