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2003-04-07 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, APRIL 7, 2003 PAGE 555 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, April 7, 2003, at 5:30 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, N. C. Members present were: Chairman Ted Davis, Jr.; Vice-Chairman Robert G. Greer; Commissioner Julia Boseman; Commissioner William A. Caster; Commissioner Nancy H. Pritchett; County Manager, Allen O’Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Davis called the meeting to order and welcomed everyone present. He requested persons with cell phones or pagers to cut off the equipment to prevent being disruptive during presentations and deliberations by the Board of County Commissioners. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Amanda J. McCullough, Senior Pastor at St. Jude’s Metropolitan Community Church, gave the invocation. Commissioner Caster led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Davis asked if any member of the Board would like to discuss or remove an item from the Consent Agenda. After hearing no further comments, Chairman Davis called for a motion to approve the items on the Consent Agenda. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Boseman, to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved minutes of the following meetings as presented by the Clerk to the Board: Special MeetingMarch 20, 2003 Regular MeetingDecember 16, 2003 Authorization for the Department of Aging to Submit a Three-Year Renewal Grant to the Corporation for National Service to Fund the Retired and Senior Volunteer Program for the Years 2003-2006 The Commissioners approved a request from the Department of Aging to submit a three-year renewal grant to the Corporation for National Service to fund the Retired and Senior Volunteer Program (RSVP) for the years 2003- 2006 at $57,000 per year. Each year the RSVP recruits, monitors and places more than 1,079 senior volunteers in 60 non-profit and public agencies in New Hanover County. RSVP volunteers are serving in the following County Departments: VITA income tax preparation, SHIIP insurance counseling in the Department of Aging, Library, Museum, Cooperative Extension, Sheriff's Department, Health Department, Emergency Management, and Airlie Gardens, at a cost of 65 cents per hour per volunteer. Last year RSVP volunteers provided 153,078 hours of service at a value of $2,531,910 to the community. The County match of $70,212 per year has been or will be budgeted each year. Approval of FY 2003-2004 Annual Plan for Juvenile Crime Prevention Council The Commissioners approved the annual plan for the Juvenile Crime Prevention Council for July 1, 2003 to June 30, 2004. Each year the Juvenile Crime Prevention Council (JCPC) is required to submit an annual plan to the Board of County Commissioners outlining the funding and program plans for the coming fiscal year. The plan, if approved, must be submitted to the area office of the N. C. Department of Juvenile Justice and Delinquency Prevention (DJJDP) and then submitted to the State Office of DJJDP for final approval. A copy of the plan is on file in the County Manager’s Office. Adoption of Resolution Approving Amendments to the Workforce Development Consortium Agreement - Cape Fear Council of Governments The Commissioners adopted a resolution approving amendments to the Workforce Development Consortium Agreement changing the name and replacing references from the Job Training Partnership Act to the “Workforce Investment Act.” In addition, the legislation requires a change in the consortium’s name from the Cape Fear Service Delivery Area Job Training Consortium to the Cape Fear Workforce Development Consortium. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 9.1. Adoption of Bank of America, N.A. Resolution Opening and Maintaining Deposit Accounts and Services and Corporate Signature Cards The Commissioners adopted a Bank of America, N.A. Resolution Opening and Maintaining Deposit Accounts and Services and Corporate Signature Cards for New Hanover County Business Interest Maximizer Account for a dedicated savings account maintained by the Department of Social Services for a trust client. A copy of the resolution is on file in the Finance Department. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, APRIL 7, 2003 PAGE 556 Approval of Budget Amendment #03-0158 - Sheriff Department The Commissioners approved the following Budget Amendment: Budget Amendment #03-0158-Sheriff’s Administration AdjustmentDebitCredit Contingency$25,000 Rent$25,000 Explanation: To transfer funds from contingency to increase funding for "rent" paid by the County on the old airport terminal building where the Uniform Patrol Division of the Sheriff’s Department is located. When the budget was adopted, it was estimated that the Uniform Patrol Division would "rent" the space for one-half of the fiscal year. On June 14, 2000, the Commissioners agreed to pay the Airport $50,000 annually for the space used by Uniform Patrol. The County rents the entire building to the Airport for $1 per year, maintains the building, and provides utilities for the building. ADOPTION OF PROCLAMATION DECLARING APRIL 2003 AS “DRUG TREATMENT COURT MONTH” IN NEW HANOVER COUNTY Chairman Davis announced that it was a privilege to have District Court Judge Rebecca W. Blackmore to read a proclamation declaring April, 2003 as Drug Treatment Month in New Hanover County. Judge Blackmore expressed appreciation to the Board of County Commissioners for the past and future support of the Drug Treatment Court. She advised that this program had greatly benefitted the defendants, merchants, drug addicts who are now in treatment instead of in prisons, and the public by providing a safer place to live. Judge Blackmore read the proclamation into the record. Chairman Davis called for a motion to adopt the proclamation. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to adopt the proclamation declaring the month of April 2003 as Drug Treatment Month in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. On behalf of the Board, Chairman Davis presented the proclamation to Judge Blackmore and expressed appreciation to her for the work and effort given to fight drugs in New Hanover County. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 9.2. ADOPTION OF RESOLUTION RECOGNIZING THE UNCW MEN’S BASKETBALL TEAM FOR THEIR SUCCESSFUL 2002-2003 SEASON AND FOR PARTICIPATION IN THE CAA AND NCAA TOURNAMENTS Chairman Davis advised that after serving on the Seahawks Board of Directors for six years, it had been an honor to become involved with the Athletic Program at UNCW. He spoke on the quality of the young men playing on the UNCW Men’s Basketball Team and read a resolution into the record recognizing the team for a successful 2002- 2003 season. Chairman Davis requested a motion to adopt the resolution. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Boseman, to adopt the resolution congratulating Coach Brownell and the 2002-2003 Men’s Basketball Team on a successful season and for the honor brought to both UNCW and the citizens of New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis informed the Board that he would deliver the resolution to the appropriate official at UNCW. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 9.3. ADOPTION OF PROCLAMATION DECLARING APRIL 2003 AS CHILD ABUSE PREVENTION MONTH IN NEW HANOVER COUNTY Chairman Davis requested Mr. LaVaughn Nesmith, Director of Social Services, to read a proclamation to declare April 2003 as Child Abuse Prevention Month in New Hanover County. Director Nesmith read the proclamation into the record and urged all citizens to obliterate the social problem of child abuse from our families and neighborhoods. Chairman Davis called for a motion to adopt the proclamation. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to adopt the proclamation declaring April 2003 as Child Abuse Prevention Month in New Hanover County. Upon vote, the motion CARRIED UNANIMOUSLY. On behalf of the Board, Chairman Davis informed Director Nesmith that he had already heard about the outstanding job he was performing as the new Director of Social Services. He advised that the Board is excited about NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, APRIL 7, 2003 PAGE 557 the future of the Department of Social Services under his leadership and stated that the County Commissioners will work with him to eliminate child abuse which can no longer be tolerated in New Hanover County. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 9.4. Commissioner Pritchett announced that a Child Abuse Forum was being held at Westfield Shoppingtown Mall on Thursday, April 10, 2003, from 3:45 p.m. until 4:30 p.m. to discuss how to assist with eliminating child abuse. She urged all persons to attend the event. ADOPTION OF PROCLAMATION DECLARING APRIL 2003 AS FAIR HOUSING MONTH IN NEW HANOVER COUNTY Chairman Davis welcomed Mr. Carl A. Byrd, Sr., Director of Human Relations, Ms. Lethia S. Hankins, Chairperson of the Human Relations Commission, and Mr. Anthony Gentile, Jr., former Chairperson of the Human Relations Commission. He also recognized Commissioner Pritchett as the Board’s representative on the Human Relations Commission. Chairman Davis requested Director Byrd to make a presentation. Director Byrd advised that the Human Relations Commission was appreciative of the opportunity to receive a proclamation declaring April 2003 as Fair Housing Month in New Hanover County. He requested Commissioner Pritchett to read the proclamation. Commissioner Pritchett read the proclamation into the record. Chairman Davis called for a motion to adopt the proclamation. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to adopt the proclamation declaring April 2003 as Fair Housing Month in New Hanover County. Upon vote, the motion CARRIED UNANIMOUSLY. On behalf of the Board, Chairman Davis presented the proclamation to Ms. Lethia S. Hankins and expressed appreciation to the members of the Human Relations Commission, Director Byrd and Staff for the progress being made in providing fair housing opportunities to all citizens. Chairperson Hankins accepted the proclamation on behalf of the Human Relations Commission and thanked each Commissioner for past and future support of the Human Relations Commission. She stated that to proclaim the month of April as Fair Housing Month is very important because of the need to provide fair housing opportunities to all citizens living in New Hanover County. Director Byrd announced that on May 31, 2003, the Human Relations Commission will again host the second Annual Housing Summit at the Cape Fear Community College Schwartz Center. He invited the Commissioners to attend the event and advised that more information on the summit would be forwarded to the Board within the next month. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 9.5. PRESENTATION OF HUMAN RELATIONS 2002 ANNUAL REPORT Human Relations Director Carl A. Byrd, Sr. presented the 2002 Annual Report for the Human Relations Commission. He reported that annual enforcement activities had increased in 2002 with assistance provided to 1,577 citizens in the following categories: Employment Issues 766 Housing Issues 214 Other Complaints 597 Total1,577 The Human Relations Commission was contacted by these individuals who felt they had been discriminated against in employment, housing, and other complaints in the form of public accommodations, hotels, or restaurants within the City and County. The Commission is charged with enforcement of the laws under the Equal Employment Opportunity Commission, the 1964 Civil Rights Act, Title VII as amended, and the U. S. Housing and Urban Development Civil Rights Act of 1964 as amended. In concluding the presentation, Director Byrd expressed appreciation to the Board of County Commissioners for supporting the New Hanover Human Relations Commission in its effort to conduct these activities in the City of Wilmington and New Hanover County. He requested the Board to accept and approve the 2002 Annual Report. Chairman Davis called for a motion to accept the report. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to approve and accept the 2002 Annual Report of the Human Relations Commission as presented. Upon vote, the motion CARRIED UNANIMOUSLY. A copy of the report is on file in the Human Relations Department. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, APRIL 7, 2003 PAGE 558 ADOPTION OF FINAL DRAFT CONCURRENT RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS AND WILMINGTON CITY COUNCIL TO ESTABLISH A GOVERNMENTAL CONSOLIDATION STUDY COMMISSION Chairman Davis asked the Clerk to the Board, Lucie F. Harrell, if she had contacted the City Clerk to notify the Mayor and each Council Member that the Commissioners would be discussing the final draft concurrent resolution to establish a Governmental Consolidation Study Commission. Clerk to the Board Harrell advised that she had contacted the City Clerk and requested that she notify the Mayor and Council Members about this item being discussed. She also advised that the City Clerk did notify the Mayor and Council Members. Chairman Davis noted that he did not see the Mayor or any Council Members present and stated that he would proceed with discussion of this issue even though no Council Member was present. Chairman Davis reported that the New Hanover County Board of Commissioners met with the Wilmington City Council on January 13, 2003, to decide how to approach the issue of consolidation. As a result of this joint meeting, the City Council and Board of County Commissioners voted unanimously to establish a Governmental Consolidation Study Commission and to move forward with preparing a plan to consolidate all functions and services of New Hanover County and the City of Wilmington. The Consolidation Study Commission was to come back to the City Council and Board of County Commissioners with a plan for full consolidation to be approved by both governing bodies so the plan could be presented to the voters in the November 2004 election. The only portion of the concurrent resolution that was not completed at the January 13, 2003 joint meeting was the number of people to serve on the Consolidation Study Commission, the selection process for recruiting and appointing qualified members to serve on the Consolidation Study Commission, and establishment of a time frame for the consolidation plan to be completed and presented to both governing bodies for final approval. After discussion at the joint meeting, both governing bodies voted to appoint Mayor Peterson, Council Member Quinn, Commissioner Pritchett and Chairman Davis to serve on a Steering Committee to decide on the number of members and other dates that needed to be included in the concurrent resolution. The resolution was completed as unanimously agreed upon by the Steering Committee and forwarded to each governing body for final approval so the recruitment process could begin for selecting persons to serve on the Consolidation Study Commission. When the City Council discussed the final draft concurrent resolution on April 1, 2003, the language was changed to move the direction of the Consolidation Study Commission from a plan for one consolidated government which had been previously agreed upon by the City Council and Board of County Commissioners. The City Council passed a new resolution adding the following items for the Consolidation Study Commission to review: (1) examine and recommend merging of selected functions of New Hanover County and the City of Wilmington; and (2) when the plan is presented by the Consolidation Study Commission for total consolidation, the Commission at that time is to present the merits, good or poor, of each alternative functional consolidation to be considered by the two governing bodies. The original concurrent resolution, unanimously adopted by both governing bodies on January 13, 2003, specifically stated that while the Consolidation Study Commission was preparing a plan for total consolidation to be presented to both governing bodies, the Board of County Commissioners and the City Council would proceed with discussing merging other individual departments. If the Board of County Commissioners adopts the final draft concurrent resolution on today’s agenda with inclusion of the number of members, the recruitment process, and dates as unanimously agreed upon by the Steering Committee, the County will have a different resolution from the resolution adopted by the City Council on April 1, 2003. During the current and previous attempts to consolidate the two governments, the Commissioners have stood steadfast to allow the voters to decide if both governments should be consolidated into one government. This is what was discussed at the January 13, 2003, joint meeting and what is proposed in the final draft concurrent resolution on the agenda before the Board of County Commissioners. In closing, Chairman Davis advised that the Commissioners must decide if the changes made by the City Council should be accepted, which in his opinion, will change the direction of what the original charge was to the Consolidation Study Commission, which is to prepare a plan for total consolidation of both governments. Commissioner Pritchett reported that she attended the City Council meeting on April 1, 2003 to hear discussion on the concurrent resolution that was scheduled to be heard at 7:00 p.m. Since Council Member Jason Thompson was not present at 7:00 p.m., Council decided to discuss this item at a later time during the meeting. After waiting for a period of time, she left and the resolution was not discussed until 1:00 a.m. in the morning. On Wednesday, the Clerk to the Board was requested to contact the City Clerk for a copy of the resolution adopted by the City Council. The resolution was not received in the Governing Body Office until mid-morning on Friday, April 4, 2003, which was after the Board’s agenda meeting held on Thursday. With the number of Azalea Festival activities scheduled from Friday to Monday, it was not possible for the Commissioners to meet and discuss the changes in the resolution adopted by the City Council. With the resolution being completely changed, adequate time is needed for the Board to discuss the proposed changes. Chairman Davis advised that he was upset because no response was received from the City Council until today. The Clerk to the Board was requested to call the City Clerk this morning and invite the Mayor and Council Members to be present at the meeting so discussion could occur between the two bodies on the proposed changes in the concurrent resolution passed by the City Council on April 1, 2003. He stated that it was unfortunate that no members of the City Council are present to explain why the changes were made. Commissioner Pritchett advised that Mayor Peterson and Council Member Quinn were present and left. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, APRIL 7, 2003 PAGE 559 Commissioner Caster advised that Mayor Peterson had a meeting at UNCW at 6:00 p.m. Commissioner Caster spoke on hoping that some type of compromise could be reached and stated that he felt some action should be taken by the Board on the resolution that was originally adopted by both governing bodies. During this time, the City and County can continue to look at functional consolidation as a separate issue. The purpose of the original resolution was to appoint a Consolidation Study Commission to prepare a plan for full consolidation to be presented to the voters in the November 2004 election. County Attorney Copley explained that both governing bodies must adopt a concurrent resolution signed by the Chairman of the Board and Mayor of the City of Wilmington before the Consolidation Study Commission can be appointed. Chairman Davis asked Commissioner Caster why he felt that the Board should move to adopt the original resolution since the City had already adopted a new resolution. Commissioner Caster stressed the importance of taking action to show how the Board feels about a consolidation plan being presented to the voters. He stated that if the City Council does not adopt a concurrent resolution, the citizens will then have to approach Council about their desire to vote on a consolidation plan. Vice-Chairman Greer expressed concern about beginning this process at a joint meeting held on January 13, 2003, where both governing bodies unanimously adopted a concurrent resolution to appoint a Consolidation Study Commission to prepare a plan for full consolidation to be presented to the voters in the November 2004 election. At the same meeting, both governing bodies agreed to look into functional consolidation and appointed a Committee, comprised of Council Member Laura Padgett, Council Member Jason Thompson, Commissioner Nancy Pritchett and himself to study merging water and sewer services. A meeting was scheduled and the two Council Members informed Commissioner Pritchett and him that they were not interested in combining water and sewer services unless the City controlled and operated the combined system. Vice-Chairman Greer advised that he and Commissioner Pritchett informed the two Council Members, that the County would give up its authority if the City would give up its authority and form a new group, comprised of an equal number of Council Members and County Commissioners, to operate a combined water and sewer system. The two Council Members were not interested in this recommendation and the Committee decided not to schedule another meeting. In concluding his remarks, Vice-Chairman Greer expressed concern about the numerous attempts made to negotiate with the City Council on merging water and sewer services. He noted that it now appears that water and sewer services will not be combined and the voters will not have an opportunity to decide on whether they want a consolidated government. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to adopt the original concurrent resolution as unanimously approved on January 13, 2003, with inclusion of appointing 11 members to serve on the Consolidation Study Commission, approval of the recruitment process, the application, and time frame for the plan to be completed and presented to the Commissioners and Council Members by July 1, 2004, and to the citizens in the November 2004 general election as agreed upon by the joint Steering Committee. Chairman Davis asked if any member of the Board had a problem with appointing 11 members to serve on the Consolidation Study Commission, the appointment procedures as set forth in Exhibit A, the recruitment application, and the date of July 1, 2004 deadline for the plan to be submitted by the Study Commission to both governing bodies. Vice-Chairman Greer advised that he would support the motion made by Commissioner Caster if Chairman Davis and Commissioner Pritchett feel this is the appropriate action to take since the City has adopted a completely different resolution. Commissioner Pritchett referenced the funding for the Consolidation Study Commission and stated the proposed changes made by Council established a budget, which she could not support until discussion has been held by the Board of County Commissioners. Chairman Davis called for a vote on the original concurrent resolution with inclusion of the dates and recruitment process as agreed upon by the Steering Committee. Upon vote, the Board VOTED UNANIMOUSLY to adopt the resolution. Commissioner Caster restated that if the City Council does not adopt the concurrent resolution approved by the Board, the citizens will have to approach the City Council and Mayor about taking the necessary steps to allow them to vote on a consolidated government. After further discussion, the Board authorized the Chairman to write a letter to Mayor Peterson informing him of the action taken. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 9.6. DISCUSSION OF LETTER FROM MAYOR HARPER PETERSON REGARDING THE RECENT DISSOLUTION OF THE CITY/COUNTY VICE & NARCOTICS UNIT Chairman Davis advised that he had received a letter from Mayor Peterson in response to the Board’s letter NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, APRIL 7, 2003 PAGE 560 dated March 17, 2003, signed by all five County Commissioners requesting the City Council to reconsider its decision to dissolve the City/County Vice & Narcotics Unit. The Mayor noted that this decision was made with mutual consent of both Sheriff Causey and Police Chief Cease. Chairman Davis requested Sheriff Causey to make a brief presentation on the dissolution of the City/County Vice & Narcotics Unit so the public could understand why this action was taken and how the decision was made. Sheriff Causey reported that the City/County Vice & Narcotics Unit was formed in April 1997 under Sheriff Joseph McQueen, Jr. and Police Chief John Cease. During those five years, the joint Unit arrested 6,575 people for selling and possessing drugs and removed $14,700,000 of narcotics, property, cash, vehicles and weapons from the streets in the City and the County. He assured the Board that as Sheriff of New Hanover County he would never consider separating the Narcotics Unit because of the progress made in fighting drugs. Sheriff Causey advised that when he was running for Sheriff last fall, he requested and received a response from the Mayor to meet with him. The purpose of the meeting was to inform the Mayor that the Narcotics Unit should not be divided into separate units regardless of which candidate was elected to serve as Sheriff of New Hanover County. During the past two years, Police Chief Cease has tried to separate the Narcotics Unit. It appears to be a control issue with Chief Cease because he feels the City does not receive its share of good publicity. The decision was made by Chief Cease to split the unit, which was the wrong move. In closing, Sheriff Causey stated that Mayor Peterson was given erroneous information because he was never in favor of separating the City/County Vice and Narcotics Unit. Recently, an offer was made to Chief Cease to increase the personnel and apply more pressure on the drug dealers, but Chief Cease was not interested in the proposal. Chairman Davis expressed appreciation to Sheriff Causey for the explanation and stated that most crimes are directly related to drugs and many youth are either addicted or dying from use of illegal drugs. Commissioner Caster expressed concern for the split in the Vice & Narcotics Unit and complimented Sheriff Causey for his time and effort given through the years to fight drugs. Commissioner Pritchett requested Sheriff Causey to explain the difficulties involved with operating separate Vice & Narcotics Units. Sheriff Causey explained that safety is a major issue because the information is not shared between the two Units. Separate units are dangerous for the enforcement officers, and there is a duplication of services which is costly to the taxpayers. Unified law enforcement is the best way to reduce the sale and possession of illegal drugs. On behalf of the Board, Chairman Davis expressed appreciation to Sheriff Causey for the report. Discussion followed on whether another letter should be written to the Mayor and Council Members. Commissioner Pritchett advised that the citizens should express their concerns to Chief Cease and members of the City Council. Commissioner Boseman advised that she felt another letter to the City Council would be a waste of time. Vice-Chairman Greer agreed with Commissioner Boseman and suggested dropping the subject. No further action was taken. BREAK Chairman Davis called a break from 6:45 until 6:50 p.m. PUBLIC HEARING TO CONSIDER A REQUEST FROM HOWARD CAPPS FOR MATT DI GIOIA TO REZONE APPROXIMATELY 20.23 ACRES OF PROPERTY IN THE 4600 BLOCK OF CAROLINA BEACH ROAD ACROSS FROM SILVA TERRA DRIVE FROM R-15 RESIDENTIAL AND I-1 LIGHT INDUSTRIAL TO A COMBINATION OF R-10 RESIDENTIAL AND CD(B-1) CONDITIONAL USE NEIGHBORHOOD BUSINESS (Z-760, 03/03) Chairman Davis opened the Public Hearing and announced that conditional use zoning requires a quasi- judicial hearing; therefore, any persons wishing to give testimony must be sworn in by the Clerk to the Board. The following persons were sworn in: Baird Stewart Dexter Hayes Howard Capps Keith Hanz Frank Smith Chairman Davis advised that the petitioner and opponents would be allowed a total of 20 minutes each, 15 minutes for the presentation and 5 minutes for a cross-examination/rebuttal period. He requested all persons speaking to limit their remarks to the amount of time allotted. Chairman Davis requested Senior Planner Baird Stewart to present the recommendation of the Planning Board and Planning Staff. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, APRIL 7, 2003 PAGE 561 Senior Planner Stewart reported that the request is to rezone 20.23 acres of land in the 4600 Block of Carolina Beach Road across from Silva Terra Drive from I-1 Light Industrial and R-15 Residential to CD(B-1) Conditional Use Neighborhood Business and R-10 Residential. He presented a map of the subject property and slides of surrounding properties. The request is to rezone the frontage of the property to Conditional Use B-1 and the rear of the property to straight R-10 Residential zoning. A majority of nearby properties are zoned R-15 Residential with a nearby R-10 Residential zoning to the north. At the Planning Board meeting held on March 6, 2003, no one spoke in opposition to the rezoning request. The Planning Board discussed the plan and thought that the overall plan was well prepared. However, two members of the Planning Board were concerned with some of the uses presented in the applicant’s list of uses for the project. After further discussion about the proposed uses, the Planning Board voted 5 to 2 to recommend approval with the condition that the “Convenience Food Store” use and the “Automobile Service Station” use would only be permitted with approval of an additional Special Use Permit. The Planning Staff recommends approval based on traffic improvements. The petitioner has submitted a Traffic Impact Analysis and has incorporated significant road improvements into the project including a redesign of the intersection and signalization at Silva Terra Drive and Carolina Beach Road. The Traffic Impact Analysis also recommends adding left turn lanes onto Silva Terra Drive for people turning north on Carolina Beach Road. The subject property is located in the Developed Land Classification and is within the urban services boundary established by the Comprehensive Land Use Plan. Policies in the plan promote development in these areas. Other policies in the Comprehensive Land Use Plan support locating commercial services in close proximity to markets served and also support mixed use development in undeveloped areas to reduce dependency on automobiles, while preserving valuable natural resources including open space. The Comprehensive Land Use Plan also supports providing street connectivity to reduce impacts of traffic on major thoroughfares. The proposed project provides inter- connectivity and provides neighborhood level services to existing and nearby developing neighborhoods. The project is consistent with the Comprehensive Land Use Plan and provides desirable traffic improvements to the area. Staff recommends approval. Senior Planner Stewart presented the following findings of facts: 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved based upon the following findings: A. The subject property is located within the Myrtle Grove Volunteer Fire Department. B.The site has direct access to Carolina Beach Road (U.S. Highway 421). C.The proposed project will be served by County sewer and City water. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: A. The site plan, which meets all of the requirements of the Zoning Ordinance, has been submitted and reviewed. B. The site plan shows six (6) commercial buildings totaling approximately 112,566 square feet. C. A list of proposed uses is shown on the site plan. All proposed uses are permitted within the B-1 Neighborhood Business District. D.Sufficient area to accommodate the required landscaping and buffering is shown on the site plan. 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 based upon the following findings: A. One parcel within the rezoning area has been zoned and used for light industrial purposes since 1985. B. A Traffic Impact Analysis has been submitted and the recommended roadway improvements have been incorporated into the plan. C. The proposed neighborhood business plaza can be utilized by the existing neighborhoods on the southwest side of Carolina Beach Road and by the developing Johnson Farm neighborhoods. D. The proposed landscaping and buffering areas are adequate to protect adjacent properties. E.The roadway design incorporates traffic calming measures to discourage cut through traffic while allowing inter-connectivity. F.Road stubs shown for future connection should improve some existing traffic problems for nearby residents. 4. The Board must find that the location and character of the use if developed according to the plan as NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, APRIL 7, 2003 PAGE 562 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 based upon the following findings: A.The site is classified as Developed by the Comprehensive Land Use Plan. The purpose of the Developed Classification is to provide for continued intensive development and redevelopment of existing urban areas. These areas are already developed at a density approaching 1,500 dwelling units per square mile. Urban services are already in place or scheduled within the immediate future. B.Policies in the Comprehensive Land Use Plan promote the location of commercial services in close proximity to markets served. The proposed project can serve two large residential areas and the road configuration allows for the potential connection to serve other residential areas along St. Andrews Drive. Chairman Davis stated that it was his understanding that the proposed project was consistent with the Comprehensive Land Use Plan, and the project would provide desirable traffic improvements to the area. He also noted that the project was a development within a larger community that will be connected to the R-10 property. Senior Planner Stewart concurred with the statements made by Chairman Davis. Chairman Davis asked if the two members of the Planning Board voted against the project because of concern about some of the proposed uses. Senior Planner Stewart responded that two members of the Planning Board felt that more details should be presented on the buildings for Convenience Food Store use and Automobile Service Station use, which resulted in requiring an additional Special Use Permit for these uses. Chairman Davis asked if Mr. Frank Smith, a member of the Planning Board, would like to comment. Mr. Smith explained that details of the uses were not clearly defined. Two members felt that the Convenience Food Store use and the Automobile Service Station use should require a Special Use Permit before being located on the site. In further discussion of the Convenience Food Store use and Automobile Service Station use, Mr. Smith advised that the existing landscaping and signage ordinance is adequate to cover these uses in the appropriate zoning classifications in which these uses are permitted. Commissioner Pritchett informed Mr. Smith that the County Commissioners are always open to any planning recommendations that the Planning Board feels should be made to the existing regulations. She expressed appreciation to Mr. Smith and members of the Planning Board for closely reviewing these issues. Chairman Davis asked if the petitioner would like to comment. Mr. Howard Capps, representing the petitioner, Matt Di Gioia, reported that he had been working with Mr. Di Gioia to design a subdivision that would allow the development of a collector street that will be an extension of Pine Hollow Drive through an 18-acre patio home development to the site. The property is currently zoned I-1 Industrial with R-15 zoning. The land is located in a Developed Land Classification area and all setback requirements have been met for the B-1 zoning. The street yard and buffer yard requirements have been met in the site plan, and the proposed parking is in the back of the building with no parking off Carolina Beach Road. Parking will be off the collector street on Pine Hollow Drive. If the plan is approved, there will be no curb cuts along Carolina Beach Road, and all turning point movements on Pine Hollow Drive will be located 300 feet from Carolina Beach Road. The developer wanted to have a unique plan and included public sidewalks five feet wide throughout the development as well as a 7-foot wide plaza from the edge of the sidewalk to the back of the curb to allow planting of street trees. The site plan reflects all recommended road improvements along Pine Hollow Drive, Carolina Beach Road, and Silva Terra Drive as recommended in the Traffic Impact Analysis. The developer has provided the necessary parking, loading spaces for the buildings, and all significant trees will be retained on the site. There will be a retention pond, designed by Mr. Larry Sneeden, located on the front of the site to properly drain the 12.5 acre site. The site has access to City water and County Sewer. In closing, Mr. Capps advised that the developer has eliminated some of the permitted uses; however, he is respectfully requesting the Board to approve the rezoning without requiring additional Special Use Permits for the Convenience Food Store use and Automobile Service Station use. The developer agrees with the four findings of facts as presented by the Senior Planner Stewart. Chairman Davis informed Mr. Capps that if the Board should deny the rezoning request, the developer would have to wait twelve months before resubmitting the request. He asked if the developer would like to proceed with the hearing. Mr. Capps responded that the developer was aware of the waiting period and stated that he would like for a decision to be rendered by the Board. Chairman Davis asked if anyone from the audience would like to present sworn testimony in opposition to the request. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, APRIL 7, 2003 PAGE 563 Mr. Keith Hanz, a resident of 4621 Pine Hollow Drive, advised that he was not opposed to the proposed shopping center but he was concerned about the extension to Pine Hollow Drive. The purpose of the extension is to provide neighborhood access to the shopping center; however, it is felt this extension will become an access via South College Road that will create traffic through the neighborhood which is not desired by the residents. The major concern is for the safety of children in the neighborhood. Chairman Davis asked Mr. Capps if he would like to comment on the concern raised by Mr. Hanz. Mr. Capps explained that the developer has included four roundabouts in the site plan to discourage through traffic on Pine Hollow Drive. The design of the roundabouts has been coordinated with the County Planning Staff, N. C. Department of Transportation, and City of Wilmington. Every effort has been made to address traffic safety and concerns. Chairman Davis asked Mr. Hanz if he would like to refute the explanation provided by Mr. Capps. Mr. Hanz argued that regardless of the roundabouts, he felt that the Pine Hollow Drive extension would be used as an access for South College Road. After hearing no further comments, Chairman Davis closed the Public Hearing. Chairman Davis requested direction from the Board on the proposed rezoning request. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to rezone approximately 20.23 acres of property on the north side of Carolina Beach Road across from Silva Terra from R-15 Residential and I-L Light Industrial to a combination of R-10 Residential and CD(B-1) Conditional Use Neighborhood. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 4 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED APRIL 7, 1971, is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 4, Page 64. Chairman Davis called for a motion to grant a Special Use Permit. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to grant a Special Use Permit to Atlantis Holdings, L.L.C. to locate neighborhood commercial uses in the 4600 block of Carolina Beach Road across from Silva Terra Drive subject to the Convenience Food Store use and Automobile Service Station use requiring an additional Special Use Permit, based upon the evidence presented and findings of facts concluding that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; the use meets all required conditions and specifications of the Zoning Ordinance; the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and 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. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book III, Page19. PUBLIC HEARING TO CONSIDER A REQUEST FROM HOWARD CAPPS FOR MATT DI GIOIA FOR A SPECIAL USE PERMIT TO LOCATE A 116 UNIT PERSONAL CARE FACILITY IN AN R-10 RESIDENTIAL ZONING DISTRICT LOCATED ON THE NORTHEAST SIDE OF CAROLINA BEACH ROAD ACROSS FROM SILVA TERRA DRIVE (S-498, 03/03) Chairman Davis opened the Public Hearing and announced that the special use process requires a quasi-judicial hearing; therefore any persons wishing to present testimony must step forward to be sworn in by the Clerk to the Board. The following persons were sworn in by the Clerk to the Board: Baird Stewart Howard Capps Matthew W. Di Gioia David Longnecker Chairman Davis advised that the petitioner and opponents would be allowed a total of 20 minutes each, 15 minutes for the presentation and 5 minutes for a cross-examination/rebuttal period. He requested all persons speaking to limit their remarks to the amount of time allotted. Chairman Davis requested Senior Planner Stewart to make the Staff presentation. Senior Planner Stewart reported that the request is for issuance of a Special Use Permit to locate a 116 unit independent living facility in an R-10 Residential Zoning District located on the northeast side of Carolina Beach Road across from Silva Terra Drive. He presented a map and slides of the site showing adjacent properties and the location of the proposed facility. Senior Planner Stewart advised that Mr. Howard Capps, the Landscape Architect for the proposed project, reviewed the details of the site plan at the Planning Board meeting held on March 6, 2003. After discussion, the Planning Board voted unanimously to recommend approval. No one present spoke in opposition. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, APRIL 7, 2003 PAGE 564 Senior Planner Stewart entered the following findings into the record: 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved based upon the following findings: A. The subject property is located within the Myrtle Grove Volunteer Fire Department. B. The site has direct access to Carolina Beach Road (U.S. Highway 421). C. The proposed project will be served by County sewer and City water. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: A. The site plan submitted has been reviewed and meets all the requirements of the Zoning Ordinance. B. The site plan shows a 116 unit independent living facility with adequate parking to accommodate the tenants and employees. C. There is sufficient area to accommodate the required landscaping and buffering as shown on the site plan. 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 based upon the following findings: A. One parcel within the area has been zoned and used for light industrial purposes since 1985. B.A Traffic Impact Analysis has been submitted and the recommended roadway improvements have been incorporated into the plan. C. The proposed use is within the context of a larger development plan. D.The proposed landscaping and buffering areas are adequate to protect adjacent properties. 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 based upon the following findings: A. The site is classified as Developed by the Comprehensive Land Use Plan. The purpose of the Developed Classification is to provide for continued intensive development and redevelopment of existing urban areas. These areas are already developed at a density approaching 1,500 dwelling units per square mile. Urban services are already in place or scheduled within the immediate future. B. Policies in the Comprehensive Land Use Plan support having an adequate supply of housing for the elderly, those with special needs, and disabled persons. Chairman Davis asked if the Planning Staff supported the request and if the use was consistent with the Comprehensive Land Use Plan. Senior Planner Stewart responded that the Planning Staff recommends approval and the use is consistent with Comprehensive Land Use Plan. Chairman Davis advised that it was his understanding that the applicant has worked closely with the Planning Staff to address all issues of concern. Chairman Davis asked Mr. Howard Capps, representing the applicant, Matt Di Gioia, if he would like to speak. Mr. Capps reported that he and Mr. Di Gioia worked closely with the County Planning Staff and City Staff regarding the extension of water, and the N. C. Department of Transportation with installation of four roundabouts as shown on the site plan. The required buffering as outlined in the Zoning Ordinance has been provided; storm drainage has been addressed on the site plan by working with Larry Sneeden of Andrew & Kuske; and parking provisions for residents and staff have been met. An effort has been made to save as many trees as possible on the site. The findings of fact presented by the Planning Staff are satisfactory with the applicant. Chairman Davis asked if any member of the Board would like to comment. Vice-Chairman Greer asked if the HVAC system would be located on the roof. Mr. Capps responded that discussion was held about the HVAC noise at the Planning Board meeting and the applicant indicated that this issue would be addressed with installation of a wall or some type of protection to screen the mechanical equipment and reduce the noise level. Vice-Chairman Greer asked if the HVAC unit could be placed on the ground with a wall surrounding the mechanical equipment. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, APRIL 7, 2003 PAGE 565 Mr. Capps responded that he felt the HVAC unit could be placed on the ground in a location that would not be adjacent to a residence. A wall would be installed around the equipment to reduce the noise level. Commissioner Pritchett asked Mr. Capps if Mr. Di Gioia had ever constructed an independent living facility. Mr. Capps responded that Mr. Di Gioia had not constructed an independent living facility; however, Mr. Di Gioia has discussed this issue with the company that developed the facility on Holly Tree Road and that company is interested in the facility. The footprint of this facility is the same as the facility located on Holly Tree Road. Chairman Davis asked if anyone would like to present sworn testimony in opposition to the request. Mr. David Longnecker, a resident of 4635 Carolina Beach Road, pointed out on the map where his property was located and stated his house was the only dwelling in the vicinity. He expressed concern for the noise because he raises free range chickens, geese, and ducks. He asked if any type of buffer or fence would be installed to protect the free range animals from getting into the road and causing damage to vehicles. Mr. Capps explained that Mr. Longnecker lives next to the section of Pine Hollow Drive north of the independent living facility site and stated that an effort has been made to provide a natural buffer on the north side to protect the property owned by Mr. Longnecker. Hearing no further comments, Chairman Davis closed the Public Hearing. Chairman Davis requested direction from the Board. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Boseman, to grant a Special Use Permit to Atlantis Holdings, L.L.C. to locate a 116 unit independent living facility in an R-10 Residential Zoning District located on the northeast side of Carolina Beach Road across from Silva Terra Drive subject to a wall being installed around the HVAC units to protect adjacent neighbors from the noise associated with the equipment, based upon the evidence presented and findings of fact concluding that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; the use meets all required conditions and specifications of the Zoning Ordinance; the use will not substantially injure the value of adjoining property or abutting property or that the use is a public necessity; and 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. Chairman Davis asked Mr. Capps if the applicant agreed to the condition that a wall would be installed around the HVAC units. Mr. Capps responded that the applicant did not object to placing a wall around the HVAC units. Chairman Davis called for a vote. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book III, Page 19. ADOPTION OF A RESOLUTION OF INTENT TO CLOSE A PORTION OF FIVE ACRE ROAD LOCATED NORTH OF THE 6500 BLOCK OF MURRAYVILLE ROAD AS REQUESTED BY WEBSTER TRASK (SC-79, 03/03) Planning Director Hayes presented a map and reported that Mr. Webster Trask, the owner of Parcel 5, has petitioned the County to close a 285.85 foot segment of Five Acre Road located near the 6500 block of Murrayville Road. In accordance with N.C.G.S. 153A-241, a Resolution of Intent to close a road or easement must be adopted by the Board of County Commissioners prior to scheduling a Public Hearing for the Board to consider the road closing request. This is a 30-foot right-of-way with a majority of the road being unimproved. No people have been notified about the proposed road closing. Planning Director Hayes advised that the attorney and petitioner were present because the Planning Staff does not feel the road should be closed until a traffic circulation plan has been developed for the new Murrayville Elementary School site. At that point, Staff would have a better idea of whether the road should be closed. Chairman Davis noted that he felt the appropriate time to consider these facts would be when the Public Hearing is held. Planning Director Hayes advised that Staff was concerned about scheduling the Public Hearing until a plan was submitted for the new elementary school. In discussion of the property already being sold to the Board of Education, County Attorney Copley explained that once the Commissioners establish a date for the Public Hearing, the merits of road closing can be discussed at that time. Mr. Jim Snow, an attorney representing the New Hanover County Board of Education, advised that the Board of Education had joined in the petition with Mr. Trask to close this segment of the road. Hearing no further comments, Chairman Davis requested direction from the Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, APRIL 7, 2003 PAGE 566 Motion: Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to adopt a Resolution of Intent to schedule a Public Hearing on June 2, 2003 at 6:00 p.m. to consider closing a 285.85 foot segment of Five Acre Road located near the 6500 block of Murrayville Road. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Resolution of Intent is is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 9.7. PUBLIC HEARING TO CONSIDER SUBMITTING AN APPLICATION FOR RURAL OPERATING ASSISTANCE PROGRAM FUNDS AND DISCRETIONARY RURAL GENERAL PUBLIC FUNDS FOR THE NEW HANOVER TRANSPORTATION SERVICES SYSTEM Chairman Davis opened the Public Hearing. He requested Ms. Debra M. Houston to make a presentation. Ms. Deborah Houston, Program Manager for New Hanover Transportation Services, reported that New Hanover County is eligible to receive $138,866 via the N.C. Department of Transportation's Rural Operating Assistance Program (ROAP) for FY 2003-2004. There is no local match, and the funding must be used to provide transportation services to specific populations of the unincorporated areas of the County as noted in the following categories: Elderly/Disabled Assistance$ 80,979 Work First Assistance$ 15,991 Rural General Public Assistance$ 41,896 Total $138,866 Ms. Houston advised that New Hanover Transportation Services was also applying for $77,234 in discretionary rural general public funds with a local match of $7,723 in FY 2003-2004. If the grant is awarded, the funds will be used to cover the cost of general public transportation. In closing, Ms. Houston requested the Board to authorize the submission of the grant applications. Chairman Davis asked if anyone from the audience would like to speak in favor or in opposition to the submission of the grant applications. No public comments were received. Chairman Davis closed the Public Hearing. Chairman Davis asked if any member of the Board of County Commissioners would like to comment on the grant applications. Hearing no comments, Chairman Davis requested direction from the Board. Motion: Commissioner Boseman MOVED, SECONDED by Commissioner Pritchett, to authorize New Hanover Transportation Services to submit a grant application for Rural Operating Assistance Program Funds in the amount of $138,866 and a grant application for Discretionary Rural General Public Funds in the amount of $77,234 with a local match of $7,723. Upon vote, the motion CARRIED UNANIMOUSLY. MEETING CONVENED FROM REGULAR SESSION TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Davis convened from Regular Session to hold a meeting of the New Hanover County Water and Sewer District at 7:50 p.m. Chairman Davis reconvened to Regular Session at 7:55 p.m. NON-AGENDA ITEMS Chairman Davis 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. Mr. Donald Sullivan, a concerned citizens about illegal immigration, advised that he was following up on his last three appearances before the Board of County Commissioners because he had not received a response to his request. After reading Article 1, Section 1513, Article 9, Section 4, and Article 6, Section 4, concerning voter registration in the North Carolina State Constitution, there are some issues that need to be addressed. Under Article 6, Section 4, it reads as follows: Every person presenting himself for registration shall be able to read and write any section of the Constitution in the English language. Mr. Sullivan reported that this section of the N. C. Constitution flies in the face of how voters are registered in New Hanover County and North Carolina. The General Counsel of the State Board of Elections forwarded a letter informing him that the U. S. Department of Justice Civil Rights Division has established a position that no person voting or registering to vote shall be asked whether he or she is a citizen of the United States. Mr. Sullivan expressed concern for the manner in which illegal immigrants are being handled and said with establishment of the Department of Homeland Security, the INS has become more involved with this agency, which means there is less enforcement of immigration laws. Mr. Sullivan presented information to each County Commissioner showing that he had requested the Board to NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, APRIL 7, 2003 PAGE 567 deputize local law enforcement agents to specifically enforce illegal immigration laws. He also presented an article from the Los Angles Times Magazine regarding the problem with illegal immigrants in the southwestern United States and stated that citizens in this section of the country are finally beginning to stand up and request enforcement of the immigration laws. Millions of dollars are being spent to support illegal immigrants instead of American citizens in need. Mr. Sullivan presented a document and a video to the Board showing his plan to file a claim in the United States District Court for the Eastern District of North Carolina to force New Hanover County to assist citizens in eliminating the threat of illegal immigrants in the County. The video shows some excerpts from speeches made in Congress and an interview on Fox News with Congressman Thomas G. Tancredo of Colorado, a member of the Immigration Caucus in Congress, who is trying to expose the immigration problem. In closing, Mr. Sullivan asked if the Commissioners were interested in helping citizens to solve the illegal immigration problem, and if not, was there any particular reason why the Commissioners refuse to discuss this issue whether in private or public discussion. Commissioner Caster informed Mr. Sullivan that the Federal Civil Rights Law or Voters Right Act preempts the North Carolina State Constitution. Mr. Sullivan explained that after checking into the federal law preempting the State Constitution, he found this was true because the citizens have not protested federal regulations. Commissioner Pritchett informed Mr. Sullivan that the Board of County Commissioners cannot discuss any item in a private setting and stated that all items must be discussed at public meetings. She also noted that legally the County Commissioners cannot do anything on the local level because the federal laws preempt state and local laws. Mr. Sullivan suggested allowing him time to discuss this issue so he can explain to the Commissioners what can be done legally on the local level of government. After further discussion, Vice-Chairman Greer and Commissioner Caster offered to meet with Mr. Sullivan one day next week. Mr. Sullivan expressed appreciation to Vice-Chairman Greer and Commissioner Caster for offering to meet with him and stated that he would contact them next week. ADDITIONAL ITEMS Report of Tidal Creeks Advisory Board Meeting Commissioner Caster advised that the Tidal Creeks Advisory Board met last Thursday and reported that additional funding will be requested from the N. C. Clean Trust Management Fund once current grant funds have been exhausted. The Advisory Board has several projects underway and other properties and/or easements that will have to be purchased to keep the tidal creeks clean. Commissioner Caster also advised that UNCW will begin the first phase of the Hewletts Creek Project by conducting a dye study on the flushing action of the creek within the next week The Tidal Creeks Advisory Board is focused on protecting the tidal creeks and Senior Planner Chris O’Keefe is doing an excellent job in assisting the Advisory Board and handling the administration portion of the projects. Congratulations to County Attorney Wanda M. Copley for the Success of the North Carolina Azalea Festival Commissioner Boseman congratulated County Attorney Copley, President of the North Carolina Azalea Festival, for performing an outstanding job. She stated that the Festival was a success and enjoyed by all persons attending the events. Recognition of Patricia Melvin, Annette Crumpton and Deborah Houston for the Effort Given to Promote New Hanover Transportation Services County Manager O’Neal expressed appreciation to Assistant County Manager Patricia A. Melvin, Director of Aging Annette Crumpton, and Deborah Houston for the hard work given to develop a good transportation system in the unincorporated county. He complimented these employees for standing by the system and working on the concept of merging New Hanover Transportation Services with the Wilmington Transit Authority. Discussion of Funding Request from the USS North Carolina Battleship Commission for a County Contribution to the Fourth of July Fireworks Show County Manager O’Neal apologized for not bringing up this item at the Thursday Staff Meeting and stated that Captain D. R. Scheu, Sr., has requested the County to participate in funding the 2003 Fourth of July Fireworks Show. He stated that if the Board decides to contribute funding, the money will have to come from the contingency account because no funds were allocated in the current budget. Consensus: After discussion, it was the consensus of the Board to place this funding request on the April 21, 2003, agenda. ADJOURNMENT Chairman Davis called for a motion to adjourn the meeting. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, APRIL 7, 2003 PAGE 568 Motion: Commissioner Boseman MOVED, SECONDED by Commissioner Pritchett, to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis adjourned the meeting at 8:08 p.m. Respectfully submitted, Lucie F. Harrell Clerk to the Board