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2003-06-02 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, JUNE 2, 2003PAGE 627 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, June 2, 2003, at 5:30 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. 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 Pastor Maxine Utley of The Love Center Church and Family Worship Center gave the invocation. Boy Scout Troop 226 gave the Pledge of Allegiance to the Flag. Chairman Davis expressed appreciation to Pastor Utley for giving the invocation. He also expressed appreciation to Boy Scout Troop 226 for leading the audience in the Pledge of Allegiance. REQUEST RECEIVED FROM ATTORNEY JAMES B. SNOW III TO CONTINUE ITEM 2.4 ON THE REGULAR AGENDA TO JULY 7, 2003 Chairman Davis reported that Attorney James B. Snow III, representing TF Holdings Limited Partnership and the New Hanover County Board of Education, has requested the Board to consider continuing Item 2.4 on the Regular Agenda regarding a Public Hearing to close a portion of Five Acre Road located north of the 6500 Block of Murrayville Road. The reason for the request is to allow time for the Board of Education to approve the final plan for the Murrayville Elementary School site and to allow time for the Planning Staff to review the plan before the Public Hearing is held. Consensus: After discussion, it was the consensus of the Board to continue Item 2.4 on the Regular Agenda until the July 7, 2003 meeting of the Board. 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. Vice-Chairman Greer requested removal of Consent Agenda Item 3 for further discussion of the proposed By- Laws for the Airlie Gardens Foundation. Hearing no further comments, Chairman Davis called for a motion. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to remove Item 3 from the Consent Agenda and approve the remaining items as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the Regular Meeting held on May 5, 2003, as presented by the Clerk to the Board. Approval of Budget Amendments for New Hanover County Schools The Commissioners approved the following budget amendments approved by the New Hanover County Board of Education: •Budget Amendment #5: Appropriation of the School Capital Outlay Fund Balance for projects that will be completed this summer including replacing the Brogden Hall gym floor, installation of grease traps at several schools, and the HVAC replacement at Myrtle Grove School. •Budget Amendment Transfer: Transfer of funds from the Hoggard High School roof repair project to the HVAC replacement project in Building 2 at Ogden Elementary School. No additional County funding is required. Adoption of Resolution to Add the Granny Road Extension (SR-2027) to the N.C. Highway System The Commissioners adopted a resolution to add the Granny Road extension (Division File #1038-N) to the N.C. Highway System. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 13.1. Approval of Local Governmental Resolution Authorizing Application for Law Enforcement Equipment Funding - Sheriff’s Office The Commissioners approved submission of a project contract application and adopted a Local Governmental Resolution to seek federal funding in the amount of $62,797 with a local match of $24,833 to purchase three traffic enforcement vehicles, 3 radar units, and 3 in-car cameras for a total cost of $87,630. If the grant is awarded, the Sheriff NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, JUNE 2, 2003PAGE 628 will use either Federal Forfeited Property funds or State Controlled Substance Tax funds to fund the local match. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 13.2. Ratification of Acceptance of Additional HUD Grant Awarded to Human Relations and Approval of Associated Budget Amendment #03-0206 The Commissioners approved a request from Human Relations to ratify acceptance of an additional HUD grant in the amount of $120,000 and approve the associated budget amendment to assist with co-sponsoring the Fair Housing Assistance Training Conference. The ratification is being requested because the grant had to be signed and returned prior to June 2, 2003. Budget Amendment #-03-0206-Human Relations Adjustment Debit Credit HUD Grant$120,000 Travel and Training$120,000 Explanation: To budget an additional HUD grant awarded to Human Relations. Acceptance of EEOC Grant for FY 2002-2003 Awarded to Human Relations and Approval of Associated Budget Amendment #03-0205 The Human Relations Department has been awarded the standard EEOC grant for FY 2002-2003 in the amount of $26,200. The budget amendment is prepared for the difference between $26,000 (the amount already budgeted) and the actual grant award of $26,200. Budget Amendment #03-0205-Human Relations Adjustment Debit Credit EEOC Grant$200 Contracted Services$200 Explanation: To increase the budget to the actual amount of FY 2002-2003 EEOC Grant award. Approval of Budget Amendment #03-0199-Health The Commissioners approved the following Budget Amendment: Budget Amendment #03-0199-Health Department Adjustment Debit Credit State Grant$3,962 Contracted Services$3,962 Explanation: Additional funds received from the Breast and Cervical Cancer Program for the current fiscal year. Approval of Budget Amendment #03-0202-Sheriff’s Office The Commissioners approved the following Budget amendment: Budget Amendment #03-0202-Sheriff’s Office Adjustment Debit Credit Other$2,150 Safe Summer Camp Program$2,150 Explanation: To budget contributions for the Safe Summer Camp Program which is a week-long camp open to all fifth graders who have graduated from the Drug Abuse Resistance Education Program during the school year. DISCUSSION AND APPROVAL OF CONSENT AGENDA ITEM 3, BY-LAWS FOR AIRLIE GARDENS FOUNDATION, INC. Chairman Davis requested Director Thomas Herrera-Mishler to step forward to respond to some issues of concern in the proposed By-Laws for the Airlie Gardens Foundation. Vice-Chairman Greer referenced the language used in the following sections of the By-Laws and requested the Board to consider amending these sections: Article I - Section 2(d): Remove the words “and direction” from the second sentence to read as follows: To provide advice for operations, policy, capital improvements and program development. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, JUNE 2, 2003PAGE 629 Article III - Section 3: Elections, Terms and Vacancies: Remove the phrase “of the year” from the first sentence to read as follows: Terms of directors will be for three (3) years and will begin on July 1 following their appointments and expire on June 30 of the last year of their terms. Director Herrera-Mishler agreed and stated that he would be glad to change the proposed By-Laws as suggested. Hearing no further comments, Chairman Davis called for a motion to approve this item. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to amend the By-Laws as proposed. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the amended By-Laws is on file in the Clerk’s Office. STATUS REPORT ON DEBRIS REMOVAL PROCESS FROM THE WIND STORM IN THE NORTHERN PART OF NEW HANOVER COUNTY Director of Emergency Services, Warren Lee, reported that progress has been made with the recovery effort from the wind storm that damaged several homes in the Gordon Woods section of northern New Hanover County. After contacting NCDOT local officials, the NCDOT agreed to collect debris brought to the curb and placed on the State right-of-way in front of residences. In order for the NCDOT to begin the collection process, a formal request has to be received from the N. C. Division of Emergency Management. A call has been made to the Director of the Emergency Management Division to intervene and move as quickly as possible to collect the debris. The NCDOT has started collecting vegetated debris on the State right-of-way that officials feel is part of the debris from the storm. In closing, Director Lee complimented and expressed appreciation to the Fire Departments, Sheriff’s Department, Inspections Department, Emergency Management personnel, volunteers, and all other agencies who responded in a timely and professional manner to assist with the aftermath of the storm. Chairman Davisasked if any member of the Board would like to comment. Commissioner Pritchett expressed appreciation to Director Lee for a job well done. FUNDING APPROVED TO HIRE A FIRM TO PREPARE A MASTER PLAN FOR CONSTRUCTION OF A JOINT FIRE TRAINING FACILITY Fire Services Administrator Donnie Hall introduced Battalion Chief Ron Jordan of the Wilmington Fire Department, Ms. Becky Porter, Program Director for Fire and Rescue Training at Cape Fear Community College, and Frankie Pridgen, New Hanover County Training Coordinator. He reported that Chief Jordan approached him about the idea of involving a number of agencies to see if a joint Fire Training Facility could be constructed to serve New Hanover County and the area. Agencies that have a need for a Training Facility are the Wilmington Fire Department, Cape Fear Community College, Wilmington International Airport, New Hanover County Fire Rescue, Emergency Management Service agencies, Law Enforcement, Industry, and Public Works agencies. Airport officials have suggested the possibility of using some of the Airport property located off North Kerr Avenue near the Gordon Road intersection as the site for the facility. The Airport Administrative Staff has checked into FAA clearances and security for the area. This facility would be comprised of a five-story drill tower, two-story burn building, aircraft simulator, driving pad, offices/classrooms, storage/bay area, and specialized props. Benefits derived from this type of a facility would be better coordinated efforts between agencies; economic returns to the community; single shared capital investment; enhanced services; ability to better meet NFPA standards; and a centralized command post accessible to major routes. The training provided at the facility would be hazmat/weapons of mass destruction/terrorism, firefighting, tactical situations, confined space, high angle structural collapse, and water and aircraft firefighting. The priority needs of the facility would be the infrastructure, burn building, driving pad, drill tower, residential burn building, drafting pit, classrooms, bay/maintenance, and props. The management of a jointly operated Training Facility would be administered through Cape Fear Community College in conjunction with a governing board. This board would represent key agencies involved in the daily operation, use and maintenance of the facility. Cape Fear Community College will be able to secure capital funding from the State for instructors, and the facility will be supported by user fees paid by agencies using the facility. In closing, Director Hall stated that in order to move forward with this concept, a Master Plan has to be developed at an estimated cost of $25,000. The cost will be equally shared by the County and City. He requested the Board of County Commissioners to approve funding in the amount of $12,500 to fund the Master Plan for the project. He advised that presentations have been made to the County Manager, City Manager, Airport Director and President of Cape Fear Community College and stated that receptive responses were received from the officials. Discussion was held on the possibility of receiving State funding for the Training Facility. Ms. Becky Porter explained that a bond referendum was passed two years ago and money was earmarked by Cape Fear Community College to construct a Training Facility. Once the building is constructed, user fees should cover the cost of operating and maintaining the facility. Commissioner Pritchett asked if the beach communities would be a part of the joint effort. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, JUNE 2, 2003PAGE 630 Director Hall responded that the beach communities have not been approached about the facility; however, once the project begins to take shape, the beach communities and all public safety agencies will be contacted. Commissioner Pritchett asked if there would be sufficient space to expand the use of the facility on a regional basis to increase the revenue generated from fees. Director Hall responded that the intent has always been for the Training Facility to be a regional facility that will attract use by industries, corporations, and other agencies from the southeastern part of the State. Further discussion was held on the estimated cost of the Training Facility. Director Hall advised that the estimated construction cost of the facility will range from $10 million to $15 million based upon the Master Plan. The Master Plan will be phased in according to the importance of the training needs. Vice-Chairman Greer complimented Director Hall, Fire Chief Jordan, Ms. Porter, and the Airport Administrative Staff for working together to provide a Training Facility which is needed by many agencies in the region. He stated without this cooperative effort, the Training Facility would have probably never become a reality. Hearing no further comments, Chairman Davis requested direction from the Board. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Boseman, to approve funding in the amount of $12,500 to jointly fund the development of a Master Plan for a Fire Training Facility. Upon vote, the motion CARRIED UNANIMOUSLY. ADDITIONAL ITEMS Additional Items Presented by Commissioner Nancy Pritchett Commissioner Pritchett reported on attending the following events: •A reception was held by the Department of Social Services to recognize the foster and adoptive parents who work with that department to provide care to children in desperate need. This is a dedicated and exceptionally loving group of people, and it was interesting to listen to some of their stories. •A meeting was held with PACE Airline officials who are considering adding a direct flight to Chicago. A decision should be made within the next two weeks. •Keep America Beautiful has been working with the schools on the “Great American Clean-Up.” There are 121 classes in 10 different schools that conducted campus clean-up projects. The anti-litter book “Wartville Wizard” was read to younger students in all elementary schools, and a clean-up project was held in public housing units with seven tons of trash removed. Effective today until June 25, 2003, people can recycle their telephone directories. Persons in the City under the recycling program may put their old telephone directories in the recycling bins. Others can take their directories to any McDonald’s restaurant in the County. The bins are usually located under or near the golden arches. Telephone directories are also being collected at the Wrightsville Beach Recycling Center. •A meeting of the Cape Fear River Advisory Board was held on Tuesday. Due to budget constraints, this group does not have funding for the director’s position for the next fiscal year. An effort is being made to secure grant funds. The speaker at the meeting reviewed other possible methods of hog waste disposal that are being studied. •A meeting was held and sponsored by Progress Energy at the Brunswick Nuclear Plant last week. Information was presented on expansion plans and security preparations. The plan is to add more than 200 megawatts to the plant’s production by 2005, producing 1,750 megawatts of electricity. The decision on storage of spent fuel rods has not been made. Currently, the rods are still being stored under water, and the shipping casks meet the highest standards, but the life span is beginning to expire. •UNCW and Chancellor Leutze sponsored a forum at the Wilmington Hilton on “North Carolina: Overcoming Obstacles to a Brighter Future. There were a number of interesting speakers and brain-storming ideas. Recommendations were made for a Constitutional Convention, updating tax codes, economic development incentives, and additional research support by the Universities. Some interesting points were that North Carolina’s Medicaid reimbursement rate to providers is higher than most of the states in the south, and North th Carolina ranks 35 in taxing, but the State’s personal income and corporate taxes are the highest in the southeast. There are number of concerns about education, especially the teacher shortage, the need to revive vocational education, and the inadequacies of the educational system. Another interesting fact is that 12% of North Carolina’s population is over age 65 and that number may increase to 25% by 2030, which will have to be addressed as a future consideration. •The Fair Housing Summit was held on Saturday at Cape Fear Community College. Unfortunately, there were approximately 20 people in attendance to hear speakers from numerous lending institutions that offered great ideas on how low income people can become homeowners. Approval of Funding Request for the Wilmington Regional Film Commission Chairman Davis reported that during the Thursday Staff meeting, the Commissioners discussed a request by the Wilmington Film Commission to provide funding in the amount of $125,000 to assist the Commission to obtain a new television production series in Wilmington entitled “One Tree Hill.” The entire film industry has experienced NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, JUNE 2, 2003PAGE 631 a difficult period because film productions can be done much cheaper in Canada. For example, the One Tree Hill series, which will be comprised of 12 episodes can be filmed in Canada for $150,000 less per episode. The State of North Carolina has pledged $500,000 toward this endeavor and the City of Wilmington and New Hanover County have been requested to pledge $125,000 each for a total of $750,000 to persuade the film company to bring the production to Wilmington. If the series is filmed in Wilmington, there will be 125 jobs provided, 3,000 part-time extra positions with the film company paying $8 million in payroll and $4 million in the purchase of goods and services. Revenue in the amount of $517,000 will be generated in North Carolina payroll taxes and $36,000 generated in rental car and accommodation taxes. The production will create an invaluable exposure in the media enticing other film companies to come to Wilmington. The number of tourists visiting our community will increase because they will be interested in seeing where the production is being filmed. Chairman Davis requested the County Manager to explain how the $125,000 will be funded if the Board agrees to pledge this amount. County Manager O’Neal explained that the savings recognized from refinancing outstanding bond debt can be used to fund the $125,000, or the money can be appropriated from the current Contingency Fund. Commissioner Pritchett asked if the $125,000 will be paid if the series is not filmed in Wilmington. Chairman Davis responded that the funding will not be released if the series is not filmed in Wilmington. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to contribute $125,000 from the Contingency Fund as the County’s contribution to the Wilmington Regional Film Commission to obtain the new television production“One Tree Hill”series subject to the series being filmed in Wilmington. Upon vote, the MOTION CARRIED UNANIMOUSLY. Authorization for the Clerk to the Board to Advertise to Fill an Unexpired Term Created by the Resignation of Dr. Howard Armistead on the Medical Center Board of Trustees Commissioner Boseman advised that with numerous changes occurring at the Medical Center, she felt the unexpired term created by the resignation of Dr. Howard Armistead should be filled as quickly as possible. Emphasis should be placed on appointing a person with experience in managing a large business corporation since five of the current Trustees have academic backgrounds. She requested the Board to direct the Clerk to the Board to advertise for the unexpired term to recruit applicants so vacancy can be filled. Consensus: After discussion, it was the consensus of the Board to direct the Clerk to advertise immediately to fill the unexpired term on the Medical Center Board of Trustees with the appointment being made on July 7, 2003. PUBLIC HEARING TO CONSIDER AN AMENDMENT TO SECTION 72-29 OF THE COUNTY ZONING ORDINANCE TO ALLOW SPECIAL USE PERMITS FOR DWELLING UNITS CONTAINED WITHIN THE PRINCIPLE USE IN CONSERVATION AREAS Chairman Davis opened the Public Hearing and requested the Planning Director to make a presentation on the amendment to Section 72-29 of the New Hanover County Zoning Ordinance. Planning Director Hayes reported that the request is to amend the Zoning Ordinance to allow incidental residential uses in commercial and industrial districts by a Special Use Permit. There is a provision in the Zoning Ordinance that applies to a large industry having a security officer or night watchman to stay on the property to protect the area. Staff felt that it would be appropriate to apply the same standard to allow a caretaker to live on large conservation tracts to manage and maintain the property for conservation purposes. The following changes have been added to Section 27-29: (10) A single family dwelling unit may be constructed under this provision as a caretaker’s home for the enforcement and maintenance of conservation areas, provided: (A) The dwelling shall be occupied solely by the person engaged in the maintenance of the conservation land, or an employee of the organization holding the conservation easement, or their family members residing with them. (B) The conservation easement allows a residence on the designated conservation land. (C) Items 3 and 8 regarding setback requirements and submitting a site plan shall be incorporated into the review process. At the Planning Board meeting held on May 3, 2003, the Planning Board reviewed the amendments to Section 72-79 and voted 4 to 0 to recommend approval. The Planning Staff also recommends approval feeling that a caretaker is needed on the property to protect conservation areas. Chairman Davis asked if any member of the Board would like to comment. Hearing no comments, Chairman Davis asked if anyone from the audience would like to speak in favor of the request. Hearing no comments, Chairman Davis asked if anyone from the audience would like to speak in opposition to the request. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, JUNE 2, 2003PAGE 632 Hearing no comments, Chairman Davis closed the Public Hearing and requested direction from the Board. Motion : Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to amend Section 72-29 of the New Hanover County Zoning Ordinance as recommended by the Planning Board and Planning Staff. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance amendment is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 13.3. CONSIDERATION OF REQUEST BY THE NORTH CAROLINA COASTAL LAND TRUST FOR A SPECIAL USE PERMIT TO CONSTRUCT A DWELLING UNIT WITHIN A PRINCIPLE USE IN AN I-2 HEAVY INDUSTRIAL ZONING DISTRICT LOCATED ON 477 ACRES OF PROPERTY ON THE WEST SIDE OF US HIGHWAY 421 BETWEEN THE ISABEL S. HOLMES BRIDGE AND THE RAILROAD BRIDGE (S-501, 05/03) Chairman Davis opened the Public Hearing and advised that the special use process requires a quasi-judicial hearing; therefore, any persons wishing to testify must step forward to be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes Bruce Watkins Chairman Davis announced that the applicant would be allowed 15 minutes to make a presentation, and the opponents would be allowed 15 minutes. There will be a 5-minute cross examination/rebuttal period for the applicant and for the opponents. All speakers are requested to limit their testimony to the allotted time. Chairman Davis requested the Planning Director to make a presentation. Planning Director Dexter Hayes presented a map and slide of the 477-acre conservation easement site located across the river on U. S. Highway 421that is zoned I-2 Heavy Industrial. He reported that Bruce Watkins presented the request on behalf of the Coastal Land Trust at the Planning Board meeting held on May 1, 2003. The Planning Board questioned the petitioner on how one family would be able to patrol such a large piece of property. Some members of the Planning Board were concerned that the information shown on the site plan was not sufficient. The Board also wanted official comments from the Sheriff’s Department regarding concerns relating to the nearby shooting range. After further discussion the Board voted 2 to 2 on a motion to approve the petition as submitted. Planning Director Hayes presented the following Staff findings: 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 Highway 421 North Fire District. B. Proposed access to the site is from Highway 421. C. The site is served by private water and sewer. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: A. One dwelling unit is proposed on the 477 acre site B. The proposed location meets all setback requirements C. The dwelling shall be occupied solely by the person engaged in the maintenance of the conservation land, an employee of the organization holding the conservation easement, or family members residing with them. D. The petitioner has stated that a dwelling unit is permitted within the conservation easement. 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. The subject property is located in an I-2 Heavy Industrial District. B. The subject property is 477 acres. C. Nearby properties are used for industrial purposes. There is also an outdoor shooting range approximately 3,000 feet south of the subject property. 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 of New Hanover County based upon the following findings: NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, JUNE 2, 2003PAGE 633 A. The site is classified Conservation by the New Hanover County Comprehensive Land Use Plan. The purpose of the conservation class is to provide for effective long-term management and protection of significant, limited or irreplaceable natural resources while protecting the rights of the property owner. B. The proposed dwelling unit is for a caretaker who will help protect the conservation easement from illegal dumping, hunting, and other illicit activities. Planning Director Hayes advised that after reviewing the proposed plan, Sheriff Causey offered the following observations: •It was never the intent of the Sheriff’s Department to use land adjacent to the firing range as an impact area. All ranges were constructed to contain all projectiles on the range’s property and proper safety rules are in effect; however, knowing that the adjacent land will never be developed will make it simpler to design firing ranges. •According to the aerials, the proposed site is 3,000 feet north of the shooting positions of the sniper range; therefore, the building site should be moved as far north as possible to maximize the safety factor. In discussion of the building site being moved further north, Planning Director Hayes advised that Staff was in favor of this suggestion. He also noted that the site plan has been modified to move the building further north. Chairman Davis asked why two members of the Planning Board voted in opposition to the request. Planning Director Hayes responded that the two members of the Planning Board were concerned about the precise location of the residential structure. The detailed plan showing the facility moved further north was not available when the Planning Board heard the request. The applicant has provided that information, and Staff is satisfied with the location of the structure. The plan is consistent with the Comprehensive Land Use Plan because it will protect the conservation area. Chairman Davis asked if the petitioner, Mr. Bruce Watkins, would like to testify. Mr. Bruce Watkins, representing the Coastal Land Trust, reported that owning approximately 60,000 acres of conservation land had created a problem with maintaining and protecting the land. It has been found that without the presence of a caretaker, a tremendous amount of illegal dumping, hunting and other activities occur on conservation areas. Due to the excellent design of the firing range, the Coastal Land Trust does not feel there is problem with the location of the site. Chairman Davis asked Mr. Watkins if he agreed with the findings of fact. Mr. Watkins concurred with the findings of fact as presented. Commissioner Pritchett asked if the caretaker would have law enforcement capabilities. Mr. Watkins responded that the caretaker would not be required to have law enforcement training. That person will be responsible for calling the Sheriff’s Department whenever needed. The purpose of the caretaker is to establish a presence which will keep people off the property once one person is arrested or fined. Chairman Davis asked if anyone from the audience would like to testify in favor of the request. Hearing no comments, Chairman Davis asked if anyone from the audience would like to testify in opposition to the request. Hearing no comments, Chairman Davis closed the Public Hearing and requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to grant a Special Use Permit for the N. C. Coastal Land Trust to establish a caretaker residence on 477 acres of conservation land located on the west side of U. S. Highway 421 based upon the evidence 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. 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. PUBLIC HEARING TO CONSIDER A REQUEST FROM TODD BYRD FOR A SPECIAL USE PERMIT TO PLACE A SINGLE WIDE MOBILE HOME IN AN R-20 RESIDENTIAL ZONING DISTRICT LOCATED AT 2415 OAKLEY ROAD IN THE WRIGHTSBORO COMMUNITY (S-502, 03/03) Chairman Davis opened the Public Hearing and advised that the special use process requires a quasi-judicial hearing; therefore, any persons wishing to testify must step forward to be sworn in by the Clerk to the Board. The following persons were sworn in: NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, JUNE 2, 2003PAGE 634 Dexter Hayes Todd Byrd Fernande-Ivan Brideau Chairman Davis announced that the applicant would be allowed 15 minutes to make a presentation, and the opponents would be allowed 15 minutes. There will be a 5-minute cross examination/rebuttal period for the applicant and for the opponents. All speakers are requested to limit their testimony to the allotted time. Chairman Davis requested the Planning Director to make a presentation. Planning Director Hayes reported Mr. Todd Byrd has requested a Special Use Permit to locate a single-wide mobile home on property located at 2415 Oakley Road in an R-20 Residential Zoning District. Slides were presented of the site and nearby mobile homes. There is a clustering of commercial nodes at the intersection on Castle Hayne Road, and a single-family dwelling is located across the road from the property on the south side of Oakley Road. There is an adjoining residential structure on the west side and another mobile home located close to that dwelling. Staff did not suggest that any conditions should be added to the permit. Chairman Davis asked if other mobile homes are located in the area. Planning Director Hayes responded that other mobile homes are located in the area. Chairman Davis asked if the request was consistent with the Land Use Plan. Planning Director Hayes responded that Staff felt the request was consistent with the Land Use Plan because of the character and nature of the surrounding property. Vice-Chairman Greer commented on the small size of the lot and asked if the mobile home would fit on the site. Planning Director Hayes responded that a single-wide mobile home would fit on the lot. Planning Director Hayes presented the following Staff findings: 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 Wrightsboro Volunteer Fire Department. B. The site will be served by a private well and septic system. C. Access to the site is from Oakley Road. 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 is located in an R-20 Residential Zoning District. Minimum setbacks for structures can be met. B. Single-wide mobile homes are permitted by Special Use Permit in the R-20 Residential Zoning District. C. The mobile home will be located on a 10,000 square foot existing lot of record. D. Other mobile homes exist nearby. 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. No evidence has been presented that the proposed use will injure the value of adjoining or abutting property values. B. The area has a rural character. 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 of New Hanover County based upon the following findings: A. The site is classified as Resource Protection by the New Hanover County Comprehensive Land Use Plan. The purpose of the Resource Protection class is to provide for the preservation and protection of important natural, historic, scenic, wildlife and recreational resources. B. Mobile homes are located on similar properties in the area. Chairman Davis requested the applicant, Mr. Todd Byrd, to step forward. He asked Mr. Byrd if he agreed NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, JUNE 2, 2003PAGE 635 with the Staff findings of fact. Mr. Todd Byrd concurred with the findings of fact presented by the Planning Staff. Mr. Byrd reported that he planned to locate a new mobile home on the property since mobile homes are already located on either side of the property. The plan is to clear the lot with the exception of a beautiful Magnolia tree and place the mobile home on the site. He stated if the Special Use Permit is denied, he can construct a small house on the site. Commissioner Pritchett asked if the adjacent structures were occupied. Mr. Byrd advised that the structures were occupied. Hearing no further comments, Chairman Davis asked if any person sworn in by the Clerk would like to present testimony in favor the request. Hearing no comments, Chairman Davis asked if any person sworn in by the Clerk would like to testify in opposition to the request. Ms. Fernande–Ivan Brideau reported that she owned an older home on Oakley Road as shown in the slide presentation. She advised that the land purchased by Mr. Byrd originally belonged to the entire community and was later willed to family members. With the septic tank located 50 feet from the well, there is no way to provide water to the site. The neighbors are concerned about placing another mobile home on Oakley Road because it will devalue their properties and many residents have spent money to renovate their homes. The lot is too small to accommodate a mobile home, and with the driveway located on a curve, a traffic hazard will be created when accessing this busy road. She requested the Board to deny the request based upon concerns for traffic safety, public health due no water being available to the site, and devaluation of surrounding properties. Ms. Brideau presented petitions from surrounding neighbors that are concerned about property devaluation, particularly one resident who just spent $50,000 restoring his home. Chairman Davis requested Ms. Brideau to present the petitions to the Clerk to the Board so the documents could be incorporated into the record. Chairman Davis asked if the surrounding property owners were aware that this request would be heard by the Board of County Commissioners on this date. Ms. Brideau responded that the property owners were aware of the meeting tonight, but many could not attend. Chairman Davis asked Ms. Brideau if she had any appraisals from real estate agencies showing that surrounding properties would be devalued if the mobile home is placed on the lot. Ms. Brideau responded that she did not have appraisals but stated that she had worked in real estate business. Chairman Davis requested Mr. Byrd to comment on the lack of water availability to the site. Mr. Byrd responded that he was not aware of this fact. He advised that he would be required to have the lot evaluated to see if the land will perk. He noted that the original site was divided into two parts and a mobile home was placed on one side of the lot. He informed the Board that the new mobile home is much more attractive than the adjacent home owned by Ms. Brideau, which is in poor condition. The mobile home will fit on the lot, and there is no problem with the driveway being located on the curve because you can see from both directions when accessing Castle Hayne Road. He requested the Board to grant the Special Use Permit because all of the conditions have been met and the location of a new mobile home on this site will upgrade the neighborhood. He stated that if the land does not perk, the mobile home will not be located on the lot. Ms. Brideau informed the Board that numerous calls have been made to the local N. C. Department of Transportation (NCDOT) Office requesting assistance with repairing the side of Oakley Road that has washed away during recent rainfalls. She asked if the Board could assist the residents by requesting NCDOT to repair the road. Hearing no further comments, Chairman Davis closed the Public Hearing. Chairman Davis requested the Planning Director to respond to the request made by Ms. Brideau regarding the side of the road washing away. Planning Director Hayes offered to contact the NCDOT local office to see if the road can be repaired since it is a State maintained road. Commissioner Caster requested Planning Director Hayes to comment on what events will occur if the land does not perk. Planning Director Hayes explained that the water and sewer to the site will have to be approved by the Environmental Health Division of the Health Department with all requirements satisfied. If the land does not perk, the mobile home cannot be placed on the site. Chairman Davis requested direction from the Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, JUNE 2, 2003PAGE 636 Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to grant a Special Use Permit to Todd Byrd to locate a single-wide mobile home on his property located at 2415 Oakley Road in an R-20 Residential District based upon the evidence 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. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Boseman voted in opposition. 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. PUBLIC HEARING FOR FY 2003-2004 BUDGET Chairman Davis opened the Public Hearing and the following budget requests were presented to the Board: Budget Presentation for New Hanover County Schools Ms. Nancy Wigley, a member of the Board of Education, reported that she has been a member of the Finance Committee for six years and served as Chairman for the past four years, and stated during this period, every line item in the School Budget, every cut, State reduction, and Federal reduction have been reviewed by the Finance Committee. An effort has been made to prepare a budget that fully utilizes the funds received. Since no increase was received from the County last year, the County Commissioners are being requested to consider the increased funding for Capital Outlay and Current Expenditures as submitted. She requested Finance Officer Mary Hazel Small to submit the budget proposal. Finance Officer Small, on behalf of the Superintendent of Schools and Board of Education, presented the following power point summary of the Budget Proposal for the 2003-2004 school year: The total request for FY 2003-2004 is a total of $55,359,827. The Current Expense request includes a 6.6% increase over the current year funding since no increase was received last year. The Capital Outlay request is $1,000,000 higher than the $3,000,000 received for the last three years. A request of $750,000 (the same as last year) was requested for the School Pension Fund, but the County Manager recommended $830,991 as per actuarial evaluation. The Board of Education is supportive of the increased funding recommended by the County Manager for the School Pension Fund. A chart was presented showing that 58% of school funding is allocated by the N. C. Department of Public Instruction, 34% by New Hanover County, 6% by the Federal Government and 2% in other revenue. Funding is needed for the following items: (1) a 2% salary increase for teachers and schools administrators, and a 1.8% cost of living increase for classified and central office administration as mandated by the State; (2) increased insurance rates for hospitalization, property, liability, vehicle and Workers Compensation; (3) a 2% step increase for classified staff and central office administration because this group did not receive any increase from the State or County; and (4) additional teaching positions to offer English as a Second Language, expand the gifted and talented program and add back teacher assistants that were cut by the State last year. The State budget reductions are estimated to be $1,100,000. With the expected class size reduction, 9 additional teaching positions will be needed for the second grade. Last year 10 teacher positions were added for the first grade. While this is extremely beneficial for the children, it places an additional burden on the County to provide additional classroom space. To meet expanded needs and offset additional State reductions, several line items have been identified during the budget process for reallocation, such as further cuts in the Central Office Administration. Locally, there has been a 22% reduction in the local Central Office Administration over the past three years and an 8% reduction in the State Central Office Administration for a total reduction of 19% representing $1,200,000 which includes $450,000 for the next fiscal year. Every effort will be made to maximize the current resources to address the goals of the School System. The requested Capital Outlay is $4,086,802 which is approximately $1,100,000 higher than the allocation received for the past three years. As indicated on the chart, 66% of the funding is for building renovations, 22% for technology, 8% for furniture and 4% for vehicles. During the budget process, the schools and departments requested over $22,000,000 for capital needs. The long-term facility needs as identified in the 10-year plan are $281,000,000. In addition to funds being requested from the County, the Schools are planning to appropriate $1,500,000 from the Public School Building Fund Reimbursements to meet the current year’s recommended projects. In closing, Finance Director Small stated the budget proposal submitted was a significant increase, but it still did not begin to address the many needs of the schools. She expressed appreciation to the Board for the support given to New Hanover County Schools and advised that Mr. Steve Bilzi, Chairman of the Board of Education would continue the presentation. Mr. Steve Bilzi reported that the Board of Education acknowledges the commitment by the Board of County Commissioners to the children of the County as evidenced by past support and realizes the difficult budget constraints under which we are all operating. It is the goal of the Board of Education to put the school situation into perspective so both the Board of County Commissioners and public will have a better understanding of our concerns. The New Hanover County School System operates a $150,000,000 business, the second largest operation in NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, JUNE 2, 2003PAGE 637 the County. The School System oversees 20,000 children with 2,200 employees in over 3,000,000 square feet of building space. This dwarfs the facilities and scopes of all major corporations in the area. In an enterprise of this size, substantial increases in cost and contingencies will occur even with the best planning and projection calculations. A small change can quickly add up to over a $1,000,000. Unlike a business, the School System controls no costs or sells any product but constantly receives mandated requirements that increases the cost of operating schools. The School System is dealing with developing children, and every year delayed is one year of their precious lives squandered. During the last two years, this $150,000,000 business absorbed substantial increases in costs related to salaries, hospitalization insurance, properties, liabilities, facilities, litigation and legal fees, vehicles and transportation, and Worker’s Compensation. The Board of Education requested additional funding last year from the County but no increase was received. During the middle of the year, the School System had to absorb $2,000,000 because the State did not reimburse counties for intangibles and inventory taxes. This reduction in funding from the State cut 10% from the Central Office and other budget cuts in workforce development, maintenance, capital projects, teacher classroom supplies, and abandoned technology already purchased. Millions of dollars were reallocated which resulted in going through the school year with crumbling facilities, old vehicles, shared nurses, shared resource professionals, use of old computers, lack of funding for the gifted and talented program, and teachers and administrators resigning to take jobs in other school systems or private companies. During this difficult time, the School System has been able to continue to maximize classroom services and maintain classroom integrity. He requested the Board to consider the proposed budget request to help the School System absorb some of the cuts from the past year. Chairman Davis expressed appreciation to Mr. Bilzi and the School Administrative Staff for the tremendous effort given to operate the School System on a tight budget last year. He advised at the Budget Work Session held on May 29, 2003, he suggested funding the schools by an additional $1,000,000 and stated that he would continue to pursue this additional funding during the budget process. Commissioner Caster expressed appreciation to the Board of Education and Dr. John Morris, Superintendent of Schools, for the efforts made to meet the needs of the School System with tremendous cuts in funding from the State. He stressed the importance of the public understanding that State mandates placed on the School System and County, particularly with the reduction in classroom size, require expensive new buildings that cost a lot of money. Budget Presentation for Cape Fear Community College (CFCC): Dr. Eric B. McKeithan, President of Cape Fear Community College, reported that last year the Board of County Commissioners approved a total budget allocation of $4,022,000 of which $250,000 was a one-time allocation in 1999 for repairs and renovations. This $250,000 was placed in a reserve and due to tight budget constraints last year, CFCC requested use of the funds and this request was granted by the Board of County Commissioners. North Carolina General Statutes require counties to provide funding for maintenance and operation of facilities, housekeeping, and utility operations of educational institutions. The State must provide funding for salaries, materials and supplies, and equipment for instructional programs. The investment made by the County last year enabled CFCC to provide the following services during the past year: •The credit enrollment increased from 6,100 to 6,919. •The non-credit continuing education area served 8,000 to 9,000 students per semester in occupational extension programs. •The GED and Adult High School Program served 3,300 people. •The English/Latino Program served 1,600 people. •The total number of people taking classes exceeded 25,000. •With an increase in the size of the Nursing Program, 72 students graduated and the College is now enrolling 92 students. The College does not recruit statewide but focuses primarily on New Hanover County and Pender County. The operations funded by New Hanover County are used only for this county. Pender County is responsible for funding its operations. The College has requested a budget allocation of $4,259,000 for FY 2003-2004. The County Manager has recommended $3,972,000 which is actually $50,000 less than last year. This will create a difficult budget year because 16.6% more students are currently being served. Applications for the fall semester are 20% over last year’s enrollment and with people in need of jobs this number will continue to increase. In closing, Dr. McKeithan stated that regardless of the funding allocated, he would assure the Commissioners that the Administrative Staff will work with the funding recommended by the County Manager to serve as many people as possible. If a real financial crisis should occur, the County Manager has assured him that he would approach the Board about the need for additional funding. Vice-Chairman Greer requested Dr. McKeithan to comment on the quality of the students that graduate from the Nursing School. Dr. McKeithan responded that usually 98 to 100 percent of nursing students pass the State Board examination the first time the test is administered. On behalf of the Board, Chairman Davis expressed appreciation to Dr. McKeithan, the Administrative Staff, and instructors for the outstanding job being done at CFCC, which has grown into an outstanding Community College. Budget Presentation for the New Hanover County Health Department Mr. Edwin Link, Jr., Chairman of the Board of Health, expressed appreciation to the Board of County NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, JUNE 2, 2003PAGE 638 Commissioners for the work and effort given to prepare and adopt a budget for New Hanover County. The Board of Health is pleased with the recommended salary increase consisting of a 2% merit increase and 3% market adjustment for employees who have not received an increase since FY 2000-2001. This increase is very much appreciated. As requested by the County Manager, the Board of Health has kept expenses down to a minimum during the current year due to State and County budget constraints. The Board of Health is pleased to announced that the County appropriation for FY 2003-2004 has decreased $179,000 or 2.3% through curtailing expenses. However, one issue of concern is the need to replace the building destroyed by a hurricane that was used by Vector Control to store equipment. This item has been requested for the past four years with no success. The estimated cost of replacing the building is $93,000 and this structure is badly needed to protect the equipment. In closing, Mr. Link expressed appreciation to the Board for support of the Health Department and stated that the Health Department will continue to insure the health and welfare of all New Hanover County citizens by promoting health and preventing disease as noted in its motto, “Your Health, Our Priority.” He offered to answer questions. Vice-Chairman Greer, the Commissioner representative on the Board of Health, requested the Board to find some space for the vector control equipment because leaving expensive equipment in the weather is not reasonable. County Manager O’Neal advised that Jerome Fennell, the Director of Property Management, is in the process of finding space or constructing a building for Vector Control; however, the recent wind storm severely damaged his house. Once he returns to work, this item will be addressed. On behalf of the Board, Chairman Davis expressed appreciation to the Board of Health, Director of Health, and Staff for providing outstanding health services to our citizens. Budget Presentation for the Southeastern Center Ms. Susan Hanson, Clinical Director for the Southeastern Center, expressed appreciation to the Board of County Commissioners for past and continued support of the Southeastern Center. She advised that the Southeastern Center was pleased with the County Manager’s funding recommendation for FY 2003-2004. On behalf of the Board, Chairman Davis expressed appreciation to the Director Art Costantini, the Administrative Staff and employees for the outstanding services being provided to the community. Commissioner Pritchett, the Commissioner representative on the Southeastern Center Area Board, spoke on the changes occurring at the State level regarding management of mental health facilities and stated there will be a number of difficult years ahead which unfortunately will create turmoil for these facilities. Chairman Davis opened the Public Hearing to hear from persons who had signed up to speak Budget Request for Friends of the New Hanover County Library Mr. Conrad Luhmann, President of Friends of the New Hanover County Library, requested the Board to consider additional funding in the amount of $61,000 to reopen the Library on Fridays. In spite of being closed on Fridays, the average library growth is up 13%. If you divide the $61,000 by 73,000 library cardholders, it will equal 73 cents per person. In closing, Mr. Luhmann requested the Board to reconsider opening the libraries on Fridays. Commissioner Pritchett spoke on watching Channel 12 on Sunday and stated with current budget constraints, many small towns have closed libraries or are open only one or two days a week. She advised that New Hanover County has been fortunate to maintain its Library System with closing only one day. Mr. Luhmann advised that he understood the position of the County when trying to adopt a budget during difficult times and stated that libraries are the most democratic institution because people of any age can use them. On behalf of the Board, Chairman Davis expressed appreciation to Mr. Luhmann for the presentation. Budget Request for Elderhaus, Inc. Ms. Linda A. Pearce, Director of Elderhaus, reported that the Finance Committee has developed a plan to provide financial stability to Elderhaus. The minimum fee was increased in January 2003 to $16 per person. Beginning June 9, 2003 family members will have to pay for days a participant is scheduled to attend even if that person does not come to the facility. Effective next week, Dr. Marsha Fretwell and Staff will join the team to provide medical care on site. This will prevent family members from having to take time from work to carry a loved one to the doctor. A challenge grant from the Cape Fear Memorial Foundation has been received in the amount of $75,000. In the next three months, Elderhaus will try to raise enough funds to match the challenge. In closing, Ms. Pearce expressed appreciation to the Board of County Commissioners for supporting Elderhaus in its effort to keep elderly people at home which is better for them and for the taxpayers. On behalf of the Board, Chairman Davis expressed appreciation to Ms. Pearce for the presentation. Budget Presentation for The Carousel Center Ms. Diana Woolley, Executive Director of the Carousel Center, reported that the Carousel Center provides forensic medical examinations, forensic interviewing, therapy, and case management for sexually and physically abused and neglected children. These services are conducted in a child friendly environment. Children come in the Center that have suffered cigarette burns, black and blue bruises over their bodies, burns on the face from scalding water and an NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, JUNE 2, 2003PAGE 639 8-year old girl came in with herpes from a sexual assault. The average cost for a comprehensive set of services is $1,107 per child with an average Medicaid reimbursement of $225 leaving a shortfall of $882 per child. It is estimated that the Carousel Center will see 59 children from New Hanover County the next fiscal year at a cost after Medicaid reimbursement of approximately $50,000. The Carousel Center has requested $15,000 from the County and the County Manager’s recommendation is $2,207. Every attempt will be made to raise the difference from contributions and grant funding. On behalf of the Directors of the Carousel Center and abused children of New Hanover County, Ms. Woolley respectfully requested the Board to approve the funding requested in the amount of $15,000 to continue these vital services. On behalf of the Board, Chairman Davis expressed appreciation to Ms. Woolley for the presentation and the services provided to these children. Budget Request for the Cape Fear Literacy Council Ms. Susan McDaniel, a member of the Cape Fear Literacy Council Board of Directors, reported that the Cape Fear Literacy Council is recognized as a leader among organizations that provide programs to support adult literacy. The Literacy Council has provided individualized literacy services since 1985 and has received four State and National awards for quality services. This year the Literacy Council was recognized and received accreditation from the National Volunteer Literacy Organization, which required meeting 22 national quality standards. According to economic statistics, every $1.00 invested in literacy programs provides a return of $33 to the community. Most adults in the program advance more than a grade level for every hour tutored. In closing, Ms. McDaniel expressed appreciation to the Board for the funding provided last year and requested funding support for the next fiscal year. On behalf of the Board, Chairman Davis expressed appreciation to Ms. McDaniel, the Literacy Council Board of Directors, Administrative Staff and tutors for providing this worthwhile service to the community. Budget Request for Domestic Violence Center Ms. Mary Ann Lama, Director of the Domestic Violence Center, expressed appreciation to the Board for its continued support and recognition of the need for domestic violence services. She also commented on the County’s compassionate response following the domestic violence homicide of Ms. Gladys Bryant, a County employee. She invited the Commissioners to visit the Gladys Bryant Memorial Garden on Market Street. In closing, Ms. Lama encouraged the Board to continue to support the Domestic Violence Center to assist those for whom there is no place as violent as home. On behalf of the Board, Chairman Davis expressed appreciation to Ms. Lama for the services provided to the community. Budget Request for the Coastal Horizons Center Ms. Margaret Weller-Stargell, President/CEO of Coastal Horizons Center, Inc. recognized Ms. Amy Feath, the Director of Crisis Intervention Services and other members of staff. She expressed appreciation to the Board for support of the Coastal Horizons Center through the years and stated that continued support by the County will assist the Center to provide services to victims of sexual assault, sexual abuse and children needing shelter. She requested Ms. Amy Feath to make a brief presentation. Ms. Feath expressed appreciation to the Board of County Commissioners for their continued support which has enabled the Center to provide one of a kind crisis intervention services. Without this funding, the 24-Hour Crisis Hot Line, Emergency Youth Shelter, and crisis intervention and advocacy for 174 women, men and children could not be provided. She assured the Board that every funding dollar was fully utilized. On behalf of the Board, Chairman Davis expressed appreciation to Ms. Weller-Stargell and Ms. Feath for the presentation. Chairman Davis asked if anyone from the audience would like to speak on the proposed FY 2003-2004 Budget. Hearing no comments, Chairman Davis closed the Public Hearing. BREAK Chairman Davis called a break from 7:40 p.m. until 7:50 p.m. SECOND READING OF SOLID WASTE ORDINANCE Chairman Davis reported that the first reading of the Solid Waste Ordinance was held on May 19, 2003 and the ordinance received a 3 to 2 vote. Since the vote was not unanimous, a second reading is required for final adoption of the Solid Waste Ordinance. He asked if any member of the Board would like to comment. Commissioner Pritchett requested Mr. Ray Church, Director of Environmental Management, to comment on the reaction of the waste haulers when meeting to discuss the proposed ordinance. Director Church spoke on meeting with the waste haulers last Friday and reported they were most cooperative NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, JUNE 2, 2003PAGE 640 and pleased with the established zones. The negotiations are proceeding quite well and the solid waste trash collection system should be implemented in the near future. Hearing no further comments, Chairman Davis called for a motion. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to adopt the Solid Waste Ordinance. Upon vote, the MOTION CARRIED 3 to 2. Vice-Chairman Greer and Commissioner Caster voted in opposition. A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 13.4. ADOPTION OF RESOLUTION CONFIRMING FINAL RESULTS OF THE MAY 28, 2003 SALE OF NEW HANOVER COUNTY GENERAL OBLIGATION BONDS IN THE AMOUNT OF $35,000,000, AND APPROVAL OF ESCROW DEPOSIT AGREEMENT Chairman Davis reported that a resolution was before the Board to approve the terms of the sale of New Hanover County General Obligation Refunding Bonds and to authorize and/or confirm such other documents and actions contemplated by such sale, including approval of the related escrow deposit agreement. Chairman Davis called for a motion to introduce the resolution. Motion: Commissioner Boseman MOVED, SECONDED by Vice-Chairman Greer, to introduce the resolution. Chairman Davis requested the County Attorney to read the resolution. County Attorney Copley read the resolution into the record. Chairman Davis called for a motion to adopt the resolution. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to adopt the resolution approving the terms of the sale of New Hanover County General Obligation Refunding Bonds and authorize and/or confirm other documents and actions contemplated by such sale, including the related escrow deposit agreement. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis requested Finance Director Shell to explain the amount of money that will be saved by refinancing the bonds. Finance Director Shell responded that $2,950,000 was saved by refinancing the bonds over a period 11 to 12 years. Commissioner Pritchett expressed appreciation to Finance Director Shell for the hard work given to refinance the bonds and save this amount of money for the County. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 13.5. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Davis convened from Regular Session at 7:49 p.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Davis reconvened to Regular Session at 8:10 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 spoke on appearing before the Board for the fifth time and presented additional information to the Commissioners regarding enforcement of illegal immigration laws. He reported that he met with Vice-Chairman Greer and Commissioner Caster to discuss the need to begin enforcement of these laws on the local level. He also informed the Board about an effort being made by Juan Hernandez, the Mexican Director of Mexican Nationals in the United States, to encourage Mexicans to come into the United States and work for cheaper wages since there are no jobs in Mexico. The federal government now subsidizes these immigrants when many American citizens have lost their jobs and are in need of assistance. If illegal immigration laws are not enforced, it will be the ultimate destruction of the United States. In closing, Mr. Sullivan requested the Board to help him stop this national threat by enforcing illegal immigration laws on the local level. He stated that if no action is taken by the Board, he would have no choice but to carry this matter to a federal judge. Chairman Davis asked if any member of the Board would like to comment. Hearing no comments, Chairman Davis thanked Mr. Sullivan for the presentation. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, JUNE 2, 2003PAGE 641 CONTINUATION OF ADDITIONAL ITEMS Discussion of Problems with the 800 MHz System at Carolina Beach and Kure Beach Commissioner Caster spoke on receiving a call from Kure Beach Councilman Tim Fuller expressing concern about communication problems still being experienced with the 800 MHz System at Kure Beach and he asked why this problem had not been corrected. Assistant County Manager Dave Weaver explained that the County’s 800MHz System at the 911 Dispatch Center is not receiving outgoing messages from the Town of Kure Beach or Carolina Beach. If a law enforcement officer at one of the beach communities uses a handheld radio, the message can be received from the 911 Dispatch Center, but the radio does not have enough power for the officer to send a message back to the Center. The County installed some repeaters and obviously this equipment has not resolved the problem. Staff is in the process of trying to find alternatives to correct the problem in lieu of having to construct an antenna system like the one at Flemington which will cost several million dollars. He suggested allowing Staff time to research all of the available options before taking any action. Mr. Steve Smith, Director of the Public Safety Communications Center, explained that a repeater system was located on the water tower at Carolina Beach to reach the southern end of Kure Beach. When this did not work, an effort was made to locate an antenna on the Kure Beach water tower, but due to the number of antennas already on the tower, it was felt this was not the solution to the problem. He offered to work with Staff to correct this situation. Commissioner Caster expressed concern for this problem not being revolved before now and requested Staff to move forward as quickly as possible. He also noted that UNCW was experiencing some communication problems with the 800 MHz system. County Manager O’Neal informed the Board that Staff will move forward with studying other alternatives and a report will be forwarded to the Board. Budget Work Session Scheduled on June 12, 2003 After discussion of the need to have another work session to further discuss the FY 2003-2004 Budget, the Board agreed to schedule a Budget Work Session on Thursday, June 12, 2003, following the Staff Meeting. County Manager O’Neal requested the members of the Board to contact Staff if they need additional information or have any concerns about the recommended budget. Chairman Davis advised that he may not be able to attend the Budget Work Session but stated he would submit his concerns in writing to the County Manager. Commissioner Boseman asked if the $700,000 Medicaid figure to be received from the federal government had been verified. Budget Director Griffin advised that she had not received a final figure and stated when the information is received, the Board will be immediately informed. Recognition of Deputy County Attorney Kemp Burpeau for Receiving a Doctorate in History Commissioner Pritchett congratulated Deputy County Attorney Kemp Burpeau for receiving his Doctorate in History. On behalf of the Board, Chairman Davis complimented Deputy County Attorney Burpeau for this outstanding accomplishment. ADJOURNMENT Hearing no further comments, Chairman Davis called for a motion to adjourn the meeting. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis adjourned the meeting at 8:25 p.m. Respectfully submitted, Lucie F. Harrell Clerk to the Board