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2003-10-06 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, OCTOBER 6, 2003PAGE 780 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, October 6 , 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 Ms. Susan Dankel, Deacon at Church of the Servant, gave the invocation. Boy Scout Troop 234 led the audience in the Pledge of Allegiance to the Flag and recited the Scout Oath and Scout Law as part of their work to earn the Citizenship in the Community Merit Badge, which is the first of three citizenship merit badges required for Eagle Scouts. Chairman Davis expressed appreciation to the members and leaders of Boy Scout Troop 234 for their leadership and he wished them good luck in their endeavors to attain the rank of Eagle Scout. APPROVAL OF CONSENT AGENDA Chairman Davis announced that Item 1 had been removed from the Consent Agenda because the free day had already been approved by the Board. He 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: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Acceptance of Federal Emergency Management Act Funds in the Amount of $8,824 and Approval of Associated Budget Amendment # 04-0059 The Commissioners accepted Federal Emergency Management Act funds in the amount of $8,824 and approved associated Budget Amendment # 04-0059. The funds will be used for contracted services for emergency planning with an emphasis on terrorism preparedness. Budget Amendment #04-0059-Emergency Management Adjustment Debit Credit Federal Emergency Management Act $8,824 Contracted Services $8,824 Explanation: To move FEMA funds to Contracted Services. Authorization to Execute Settlement Agreement with the United States of America for the Airport Burn Pit Site The Commissioners authorized execution of the settlement agreement with the U.S. Government regarding the Airport Burn Pit Superfund site. In 1988, the EPA determined that the Airport Burn Pit was a Superfund site and listed New Hanover County, the City of Wilmington, Cape Fear Community College and the U.S. Department of Defense as potential responsible parties with the obligation to bear clean up costs. Because the U.S. Department of Defense was itself a potentially responsible party, the Federal government was obligated by the EPA to participate in remediation costs. The U.S. agreed to pay twenty-five (25%) percent of the partial cost of the remediation design, and (25%) percent of final costs for the construction/monitoring and oversight. This agreement will addressed costs for construction, monitoring and oversight. A copy of the settlement agreement is on file in the Legal Department. Approval of Interlocal Agreement Between the City of Wilmington and New Hanover County for the Purchase of Fuel from the City for County Public Transportation Vehicles The Commissioners approved an Interlocal Agreement with the City of Wilmington for the County to purchase fuel for its public transportation vehicles effective July 1, 2003. To coordinate resources, this agreement will allow the County to purchase fuel from the City at cost plus an administrative fee for those County vehicles used for the provision of public transportation services through June 30, 2005. The City Council will adopt the same resolution at their meeting on October 8, 2003. Entering into this agreement will result in a savings of at least $.50 per gallon. A copy of the Interlocal Agreement is on file in the Legal Department. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, OCTOBER 6, 2003PAGE 781 Approval of Veterans Park Educational Forestry Project Grant in the amount of $24,000 and Approval of Associated Budget Amendment #04-0050 The Commissioners approved the Veterans Park Educational Forestry Project Grant in the amount of $24,000 and approved associated Budget Amendment # 04-0050. The Veterans Park. project will consist of planning and installation of native trees, shrubs and grasses on the park property. Science teachers from Ashley High School and Murray Middle School will assist with the planting. The State’s match for the grant is $12,000, and the County’s match is $9,400 in cash with $2,600 in In-Kind services. The County’s match will come from the Tree Fund which has a balance of $66,521. Budget Amendment #04-0050-Parks Adjustment Debit Credit NC Forest Resources Grant $12,000 Transfer from Operating Budget $ 9,400 Contracted Services $16,000 Printing Charges $ 4,000 Supplies and Materials $ 1,400 Explanation: Veteran’s Park Educational Forestry Grant and Local Matching Funds. ADOPTION OF PROCLAMATION DECLARING THE WEEK OF OCTOBER 5-11, 2003 AS FIRE PREVENTION WEEK Chairman Davis requested Fire Marshal Matt Davis to make a brief presentation on the purpose of Fire Prevention Week. Mr. Davis reported that the week of October 5-11, 2003, will be recognized as Fire Prevention Week across the country and supported by fire departments, schools and other public safety advocates in conjunction with the National Fire Prevention Association. The theme selected for the 2003 Fire Prevention Week is “When Fire Strikes: Get Out! Stay Out!” The Fire Departments in New Hanover County will be promoting fire safety throughout the community in an effort to make the public aware of simple safety practices that can be taken to protect themselves if a fire should strike. Chairman Davis requested Commissioner Pritchett, the Board’s representative on the Fire Commission, 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 Vice-Chairman Greer to adopt the proclamation declaring the week of October 5-11 as Fire Prevention Weekin New Hanover County. Upon vote, the motion CARRIED UNANIMOUSLY. Commissioner Pritchett, on behalf of the Board, presented the proclamation to Mr. Davis. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XVIII, Page 20.1. ADOPTION OF PROCLAMATION DECLARING THE MONTH OF OCTOBER AS COLONIAL HERITAGE AND FAMILY HISTORY MONTH Chairman Davis advised that Ms. Judy Ward was not present and he requested Vice-Chairman Greer to read the proclamation declaring the month of October as Colonial Heritage and Family History Month. Vice-Chairman Greer read the proclamation into the record. Chairman Davis called for a motion to adopt the proclamation. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to adopt the proclamation declaring the month of October as Colonial Heritage and Family History Month in New Hanover County. Upon vote, the motion CARRIED UNANIMOUSLY. Chairman Davis requested County Manager O’Neal to deliver the proclamation to Ms. Judy Ward. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XVIII, Page 20.2 BRIEFING ON LEGISLATIVE CHANGES TO THE HOMESTEAD (SENIOR CITIZEN) AND DISABLED EXCLUSION - NCGS 105-277.1 Chairman Davis requested Tax Director Robert Glasgow to make the presentation regarding changes to the Homestead Act and Disabled Exclusion enacted by the North Carolina General Assembly. Tax Administrator Glasgow reported that in 2001, the General Assembly increased the Homestead Exclusion, approving two changes in the statute. The eligibility income level changed the annual income from $15,000 to $18,000. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, OCTOBER 6, 2003PAGE 782 The exclusion amount of $20,000 was changed to the greater of $20,000 or 50% of the appraised value of the residence and land not to exceed one acre of land. The State of North Carolina does an annual review of the income level to determine if the rate should be changed. In FY 2003-2004, the income level will increase to $18,500 and in FY 2004- 2005, it will increase to $18,800. In FY 2001-2002, New Hanover County had 1,574 taxpayers to receive the exclusion at a tax value of $30,237,117. In FY 2002-2003 New Hanover County had 1,601 Senior and Disabled Exclusions at a total tax value of $59,143,901. The changes will benefit seniors and disabled persons. The eligibility requirements are as follows: ? Applicant must be 65 years of age or totally and permanently disabled on January 1. ? Income for the preceding calendar year cannot exceed $18,500 and it must be the total income for that residence. If a son or daughter is living in the residence, their incomes must be added to the total income figure. ? Applicant must own and live in the home in which the exclusion will apply. ? Applications must be submitted by June 1. ? Applications are provided when requested by telephone, in person or in writing. Tax Administrator Glasgow advised that applications or more information on the senior or disabled exclusions can be obtained by contacting the Tax Office as follows: Phone Number:(910) 798-7300 Fax Number (910) 798-7310 EMAIL:bstella@nhcgov.com Written Request:New Hanover County Tax Department 230 Marketplace Drive, Suite 190 Wilmington, N. C. 28403 In closing, Tax Administrator Glasgow advised the Tax Department will make an effort to be sure that all seniors and disabled persons are aware of the new changes. A flyer has been prepared to be distributed at the Senior Center and Meals on Wheels Program. Chairman Davis noted that seniors and disabled persons deserved these exclusions and stated that the revenue lost by the County was worth giving up to help these people receive a reduction in their property taxes. County Manager O’Neal advised that Tax Administrator Glasgow or a member of his Staff will be available to make presentations to civic groups and organizations interested in learning more about the senior and disabled persons tax exclusions. Tax Administrator Glasgow advised that another presentation would be made to the Board of County Commissioners at the beginning of the next fiscal year since the income level for the exclusions will change in 2004. Chairman Davis, on behalf of the Board, expressed appreciation to Tax Administrator Glasgow for the informative presentation. MEETING CONVENED FROM REGULAR SESSION TO HOLD A REGULAR MEETING OF THE WATER AND SEWER DISTRICT Chairman Davis convened from Regular Session at 5:50 p.m. to hold a meeting of the Water and Sewer District. Chairman Davis reconvened to Regular Session at 5:57 p.m. ADDITIONAL ITEMS Authorization for the Finance Director to Submit the Application of Federal Assistance, State-Applicant Disaster Assistance Agreement Forms, and Adoption of a Resolution Designating the Applicant’s Agent to Begin the Reimbursement Process for Hurricane Isabel Finance Director Shell requested the Board to authorize Staff to file the Application of Federal Assistance and the State-Applicant Disaster Assistance Agreement forms to begin the reimbursement process for Hurricane Isabel. He also requested the Board to adopt the resolution designating County Manager Allen O’Neal as the Applicant’s Agent and Dottie Ray, Grants Manager, as the Secondary Agent. Chairman Davis asked if any member of the Board would like comment. Hearing no comments, Chairman Davis called for a motion. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to authorize the Finance Director to submit the federal and state applications to begin the reimbursement process for Hurricane Isabel, adopt a resolution designating County Manager Allen O’Neal as the Applicant’s Agent and Dottie Ray, Grants Manager, as the Secondary Agent, and approve the associated budget amendment. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 20.3 NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, OCTOBER 6, 2003PAGE 783 Budget Amendment #04-0062 - Hurricane Isabel Adjustment Debit Credit FEMA$300,000 Salaries$100,000 Contracted Services 150,000 Supplies 50,000 Explanation: To establish the budget for Hurricane Isabel. Additional Items Presented by Commissioner Pritchett ? Commissioner Pritchett noted for the record the passing of Judge Napoleon Barefoot on September 17, 2003, and stated that he served as a District Court Solicitor, District Court Judge and Superior Court Judge until his retirement in 1993. She stated that he was a fair and honorable man who served his community extremely well and noted that our community is a better place because of his presence among us. ? Commissioner Pritchett announced that the Partnership for Children has received a grant to teach appropriate social behavior and violence reduction in young children as part of the Second Steps Program for 4 year old children. ? Commissioner Pritchett also noted that the Partnership for Children has received a grant from the National Literacy Project, “Reading is Fundamental,” to provide books to carry home for children who do not own a book. Additional funds are needed for the program and the Star News has stepped forward with a good match. Anyone interested in contributing to the program should contact Partnership for Children. ? Commissioner Pritchett advised that she and Chairman Davis had the pleasure of attending the pre-screening of the University of North Carolina at Wilmington’s documentary entitled, Troubled Waters: The Illusion of Abundance. She encouraged the public to watch this documentary on UNC-TV on Wednesday, October 8, 2003, at 8:00 p.m. She also noted at the end of the documentary, you will see the name of Eric Peterson, the County’s TV Production Specialist, who participated in the creation of this program. Additional Items Presented by Vice-Chairman Greer ? Vice-Chairman Greer reminded everyone that tomorrow was Election Day for the City of Wilmington and he encouraged persons registered to vote to exercise their right and privilege and take time to vote. Additional Items Presented by Commissioner Caster ? Commissioner Caster advised that he was routing a flyer to the members of the Board on the 2004 Summit of the American Shore & Beach Preservation Association meeting to be held February 25-27, 2004 in Washington, D. C. The Association is planning to meet with the local congressional delegation to discuss the importance of beach renourishment. He encouraged the members of the Board to read the flyer to see the efforts being made to better preserve and manage beach shorelines. Additional Item Presented by Commissioner Boseman ? Commissioner Boseman expressed condolences to the family of David R. Greene, Sr., who served as the elected Supervisor of the Soil & Water Conservation District. She advised that he was not only a good friend, but a person who worked tirelessly in his position and stated that he will be greatly missed. PUBLIC HEARING TO CONSIDER A REQUEST FROM THE WILMINGTON MONTESSORI SCHOOL FOR A SPECIAL USE PERMIT TO OPERATE A CHILD DAYCARE FACILITY FOR TEN CHILDREN AT TRINITY UNITED METHODIST CHURCH LOCATED AT 4008 SOUTH COLLEGE ROAD IN AN R-15 RESIDENTIAL DISTRICT (S-503, 09/03) Chairman Davis opened the Public Hearing and announced that the special use process requires a quasi-judicial hearing; therefore, any person wishing to speak must be sworn in by the Clerk to the Board. He requested all persons who signed in to speak or who want to present testimony to step forward to be sworn in: The following persons were sworn in: Dexter Hayes Holly Renton Elise Zalesky Chairman Davis announced that the applicant and opponents will be allowed a total of 20 minutes with 15 minutes for presentations and five minutes for rebuttals/cross examinations. He requested Planning Director Dexter Hayes to make the Staff presentation. Planning Director Dexter Hayes reported that the Wilmington Montessori School is requesting a Special Use Permit to operate a Child Daycare Facility for 10 children in an R-15 Residential District at the Educational Center of the Trinity United Methodist Church located at 4008 South College Road. He presented a map and slides of the site showing the location of the proposed Child Daycare Facility and surrounding properties. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, OCTOBER 6, 2003PAGE 784 Director Hayes advised that Ms. Holly Renton, a teacher at the Wilmington Montessori School, appeared before the Planning Board on September 3, 2003. She requested a Special Use Permit to operate a Child Daycare Facility for 10 children at the Educational Center of the Trinity Methodist Church located at 4008 South College Road in an R-15 Residential District. The request included a full day educational program for younger students. Ms. Renton explained that there would be a maximum of 10 students enrolled in the preschool program. No one spoke in support or in opposition to the request. The Planning Board voted 7-0 to recommend approval of the Special Use Permit. Planning Director Hayes 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 followings findings: A.The subject property is located within the Myrtle Grove Volunteer Fire Department District. B.The site has direct access to South College Road which is classified by the 1999 Thoroughfare Classification Plan as an arterial road. C.The site is served by County sewer and City water. D.The Child Daycare Facility is proposed in cooperation with the existing Trinity United Methodist Church Family Life Center. E.The Child Daycare Facility will operate as part of the Wilmington Montessori School. 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 subject parcel is zoned R-15 Residential. B.Child daycare facilities are permitted by Special Use Permit in the R-15 Residential Zoning District. C.There is an existing fenced play area. D.No new buildings or parking will be required for the Montessori School. E.The Montessori School has obtained permits from the County Health Department and Fire Services. 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 Montessori School and Daycare Facility will operate out of an existing Church facility. B.The site is adjacent to Cape Fear Academy. C.No new structures are proposed for the use. 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 by the New Hanover County Comprehensive Plan as Developed. The purpose of the Developed class is to provide for continued intensive development and redevelopment of existing urban areas. B.Policies in the Comprehensive Land Use Plan support providing additional services for the special needs population, the elderly and for children. Chairman Davis asked if the request was consistent with the Land Use Plan. Planning Director Hayes responded that the request was consistent with the Land Use Plan because the County encourages daycare facilities in residential districts to serve the needs of the community. Chairman Davis asked if Staff had any reason to feel that the Special Use Permit should not be granted. Planning Director Hayes responded that Staff had no concern about issuing the Special Use Permit for the proposed daycare facility that will be limited to ten children. Chairman Davis asked if any member of the Board would like to comment. Hearing no comments, Chairman Davis asked if the petitioner would like to present testimony. Ms. Holly Renton, a teacher at the Wilmington Montessori School, reported that the school is a new small, non- profit private primary and elementary school. Wilmington Montessori School is leasing space at the Trinity United Methodist Family Life Center located at 4008 South College Road. The total student capacity at the school is 30 students that range from ages 3 to 12. The daycare Special Use Permit will only apply to a maximum of 10 students. The primary program for the three-year old children will not be affected by the change, and the school schedule will remain from 8:30 to 12:30 p.m. which is consistent with the school policy. However, the Wilmington Montessori School would like to offer a full-day program from 8:30 a.m. until 3:00 p.m. for the mature and capable four-year olds who would be able to benefit from an afternoon academic program. At this point, there are fewer than five children who would be eligible and this number would never exceed ten children in future years. In addition, the Family Life Center facility offers easy access to Wilmington Montessori School with a block- long driveway and a large parking lot which allows for a one-way traffic flow with a safe and easy drop-off and pick-up of children a distance away from College Road traffic. Although Wilmington Montessori School is not considered to be a daycare facility, the school is required by law to have a daycare license for any child that is not 5 years old by NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, OCTOBER 6, 2003PAGE 785 October 15. In closing, Ms. Renton stated that Wilmington Montessori is excited about the opportunity to offer a valuable and affordable education option to the community, the School looks forward to a positive partnership with the members of the Community. She requested the Board to grant the Special Use Permit. Chairman Davis asked Ms. Renton if she agreed with the findings of fact as presented by the Planning Director. Ms. Renton responded that she agreed with the findings of facts as presented. Chairman Davis asked if other persons sworn in by the Clerk to the Board would like to testify in favor of the request. Hearing no comments, Chairman Davis asked if any persons sworn in by the Clerk to the Board would like to testify in opposition of the request. Hearing no comments, Chairman Davis closed the Public Hearing. Chairman Davis asked if any member of the Board would like to comment. Hearing no comments, Chairman Davis requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to grant a Special Use Permit to Wilmington Montessori School to operate a Child Daycare Facility to care for 10 children to be located at 4008 South College Road in an R-15 Residential District based upon the evidence and findings of fact concluding that: (1) 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; (2) the use meets all required conditions and specifications of the Zoning Ordinance; (3) the use will not substantially injure the value of adjoining property or abutting property or that the use is a public necessity; and (4) the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. 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 20. PUBLIC HEARING TO CONSIDER A REQUEST SUBMITTED BY RANDALL GLAZIER FOR A SPECIAL USE PERMIT TO PLACE TWO SINGLE WIDE MOBILE HOMES IN AN R-20 RESIDENTIAL DISTRICT LOCATED AT 2021 AND 2023 OAKLEY ROAD IN THE WRIGHTSBORO COMMUNITY (S-505, 10/03) Chairman Davis opened the Public Hearing and announced that the special use process requires a quasi-judicial hearing; therefore, any person wishing to speak must be sworn in by the Clerk to the Board. He requested all persons who signed in to speak or who want to present testimony to step forward to be sworn in. The following persons were sworn in: Dexter Hayes Randall Glazier Chairman Davis announced that the applicant and opponents will be allowed a total of 20 minutes with 15 minutes for presentations and five minutes for rebuttals/cross examinations. He requested Planning Director Dexter Hayes to make the Staff presentation. Planning Director Dexter Hayes informed the Board that the Planning Board did not hear this case because the request is for a residential use. He reported that Mr. Randall Glazier has requested the Board of County Commissioners to grant a Special Use Permit for him to place two single-wide mobiles homes on approximately one acre of land in an R-20 Residential District located at 2021 and 2023 Oakley Road in the Wrightsboro community. He presented a map of the area, an aerial photograph, and slides of the entrance to the site which is surrounded by single- family homes. Planning Director Hayes 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 Wrightsboro Volunteer Fire Department District. B.The site will be served by a private well and septic field. C.Well and septic permits have been approved by the New Hanover County Health Department. D.Access to the site is through an existing access easement. 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. B.Part of the property is within the 100 year flood plain, however the proposed dwelling units are located outside the flood plain boundary. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, OCTOBER 6, 2003PAGE 786 C.Adequate area exists on the two lots for the two single-wide units. 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.Other mobile homes exist nearby. B.No evidence has been presented that the proposed use will injure the value of adjoining or abutting property values. 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 Plan and is within the urban growth boundaries. 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. Other mobile homes are located nearby. In concluding the presentation, Planning Director informed the Board that a Special Use Permit is required when a request has been made to locate a single-wide mobile home in a residential district. Chairman Davis asked if the request was consistent with the Land Use Plan and if Staff had any concerns about the location. Planning Director Hayes responded that the use would be consistent with the Land Use Plan and stated that Staff had no problem with locating the two single-wide mobile homes on the two lots. Chairman Davis asked if any member of the Board would like to comment. Hearing no comments, Chairman Davis asked if the petitioner would like to present testimony. Mr. Glazier, the petitioner, requested the Board to allow him to place the two single-wide mobile homes on his two lots. Chairman Davis asked Mr. Glazier if he agreed with the findings of fact as presented by the Planning Director. Mr. Glazier responded that he agreed with the findings of fact as presented. Chairman Davis asked if other person sworn in to speak would like to present testimony in favor of the request. Hearing no comments, Chairman Davis asked if any person sworn in would like to present testimony in opposition to the request. Hearing no comments, Chairman Davis closed the Public Hearing and requested direction from the Board. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to grant a Special Use Permit to Randall Glazier to place two (2) single-wide mobile homes in an R-20 Residential District located at 2021 and 2023 Oakley Road in the Wrightsboro Community based upon the evidence and findings of fact concluding that: (1) 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; (2) the use meets all required conditions and specifications of the Zoning Ordinance; (3) the use will not substantially injure the value of adjoining property or abutting property or that the use is a public necessity; and (4) the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. 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 20. UPDATE ON CONVENTION CENTER INITIATIVE Chairman Davis welcomed City Manager Sterling Cheatham and Mr. Dale Smith, Chairman of the Mayor’s Convention Center Task Force. He requested Mr. Smith to make the presentation. Mr. Dale Smith expressed appreciation to the Board for giving him an opportunity to present a status report on the Convention Center initiative. He advised that the Task Force comprised of 27 members was established to inform and receive input from the community about constructing a Convention Center and to inform the City Council about where the Convention Center should be located and the type of facility to be built. As part of the communication process, the Task Force has met with the elected officials in New Hanover County, Brunswick County, Pender County, and the local legislative delegation. Meetings have been held with the Tourism Development Authority, Chamber of Commerce, Wilmington Industrial Development, DARE, Rotary Clubs and other organizations. The first public forum will be held on October 14, 2003, in Council Chambers. Two other public forums will be held between now and December 2003. The Convention Center Task Force is a diverse group comprised of 27 members divided into the following committees: NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, OCTOBER 6, 2003PAGE 787 Function and Design Committee chaired by Griffin Weld Finance Committee chaired by Rick Willetts Economic Development/Site Selection Committee chaired by Jeff Corbett Market and Commerce Committee chaired by Sue Patterson In studying and reviewing the need for a Convention Center in Wilmington, the Task Force felt that it would be an economic stimulus to the entire region. The property tax base would increase, new businesses would be generated, hotel and sales tax revenues would be increased, and new jobs would be created. Currently, many North Carolina groups have to go out of state to find suitable meeting facilities. Last year, an estimated 42% of convention business in Myrtle Beach came from North Carolina. Many associations and groups would like to come to Wilmington, but the existing meeting facilities are not adequate to accommodate large conferences. After the Task Force determined there was a need for a Convention Center, the next step was to select a site. Mr. Smith advised that Mr. Jeff Corbett, Chair of the Site Selection Committee would discuss the proposed sites. Mr. Jeff Corbett reported that in the feasibility study conducted by ZHA, Inc., the consulting firm hired by the City to study the feasibility of a Convention Center, 73% of meeting planners desired for the Convention Center to be located in downtown Wilmington. This would allow the conventioneers to walk to restaurants and shops, enjoy the attractiveness of the waterfront, and have proper access to the Convention Center with the roadways under construction. In the legislation enacted by the North Carolina General Assembly, the Convention Center had to be located in the downtown area. After reviewing five potential sites, ZHA, Inc. recommended the following locations: 1. Water Street/Hilton Site: This site surrounds the Hilton on Water Street and it includes the parking lot in front of the Cotton Exchange, the existing Water Street Parking Deck with other areas that directly surround the Hilton. An artist rendering was presented showing how a Convention Center would look on the site. Use of this site would bridge Water Street over to the Third Street Parking Deck up into the Cotton Exchange area. 2. Scarafoni Site: This site includes the Scarafoni property adjacent to the Chamber of Commerce, land owned by the Chamber of Commerce, and the current Coast Line Convention Center tract, which would involve a number of property owners. A major advantage of this site is the amount of vacant land that is ready for development, particularly property north of Cape Fear Community College. An artist rendering was presented showing a single level Convention Center structure with a hotel and parking deck rising above the site. The property has also been discussed as a potential linkage into the Transportation Center for the area. Both of the sites are adequate for the Convention Center; however, the cost and economics of each site will have to be reviewed by ZHA, Inc. and negotiations will have to occur with the property owners. Each site plan will include a new hotel and provide convenient access to restaurants and retail shops. In order for the Convention Center to be successful, public/private partnerships will be required. With concern for parking in the downtown area, any site selected will have to provide adequate parking. In closing, Mr. Corbett advised that Mr. Rick Willetts, Chairman of the Finance Committee, would comment on funding for the project. Mr. Willetts reported that in 2002, the City received authorization from the N. C. General Assembly to levy a 3% Room Occupancy Tax to fund a Convention Center in downtown Wilmington. This tax should produce approximately $1.2 to $1.4 million per year which will generate revenue of approximately $28 to $30 million in capital improvements. Preliminary estimates indicate that the revenue generated from the 3% Room Tax should be sufficient to pay for constructing the building. More funds will be needed to acquire land and no provision has been made for any type of subsidy for operating a Convention Center. Very few Convention Centers are self-sufficient as a free standing enterprise. The profitability is generated from increased revenue generated by the property tax, sales tax, and other revenue. As the project moves forward, it may be necessary to establish a small operating subsidy. Another option to consider is tax increment financing, which allows the City to establish an enterprise zone comprised of the downtown area with a specified tax base, which means that any additional revenue generated from new construction in this zone through the property tax, could be used for the operation of the Convention Center. This option would not place an additional burden on the taxpayers. In closing, Mr. Willetts requested the public and elected officials to be patient as the process moves forward and to keep an open mind so everyone can work together on the Convention Center project. With implementation of the 3% Room Tax, the concept of the Convention Center has become more of a reality. If this facility is not built at this time, it will be lost for at least another generation. It is important for the City and Task Force to present a plan that will make economic sense. Vice-Chairman Greer advised that the tax increment financing is now legal; therefore, the Task Force should keep this option in mind. Mr. Willetts advised that the tax increment financing option was passed in the General Assembly but a state- wide referendum will have be held during the General Election in 2004. If this the option is passed in the state-wide referendum, each local jurisdiction will have to determine if the option should be used. Mr. Dale Smith spoke on being told that if the County and City agree on tax increment financing, the option NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, OCTOBER 6, 2003PAGE 788 could be implemented now and stated that other jurisdictions in the State have used this method of financing. In concluding the presentation, Mr. Smith advised that since two sites have been selected, ZHA, Inc. is meeting with the property owners, developers, and hotel builders to negotiate for both sites. Some members of the Task Force have met with the developers and there is a tremendous amount of interest from the outside, which is an advantage. He stated that unfortunately for a number of years Wilmington had not been successful in attracting outside funding and developers to complete major projects because of the local politics and staff. The Convention Center project is an opportunity to show the outside world and Wilmingtonians that people can work together to bring in money and successfully complete this project. The entire State is waiting to see if the Convention Center will become a reality. Chairman Davis, on behalf of the Board, expressed appreciation to the Convention Center Task Force for the work and effort given to move this project forward and stated that the Commissioners look forward to receiving a status report in the future. PRESENTATION BY ARCHMIL PLACE HOMEOWNERS Chairman Davis reported that it was his understanding that residents of Archmil Place have been seeking a means to eliminate their dependence on individual wells by connecting to the City Water System. He advised that since this item was placed on the agenda, the New Hanover County Legal Department and Zoning Enforcement Staff have determined that the developer, Mr. McGirt, is required by the New Hanover County Zoning Ordinance to complete the connection to the City Water System, which is now available. On October 3, 2003, an enforcement letter was mailed to Mr. McGirt informing him that he must comply with the water system connection requirements within 90 days pursuant to the Zoning Ordinance. A copy of the notification letter was provided by fax to Dr. Robert W. Wilson, President of the Archmil Place Homeowners Association, Inc. and Mr. McGirt was notified about the enforcement action by phone. Chairman Davis asked Dr. Wilson if he was still interested in speaking in view of the enforcement action being taken by the County. Dr. Robert W. Wilson, President of Archmil Place Homeowners Association, Inc., responded that he would like to make a presentation and presented the following statement on behalf of the Homeowners Association: There is something inherently wrong with a process that allowed Archie McGirt to sell 47 homes in an approved subdivision and later property values suffered because issues are having to be disclosed that were never disclosed to the perspective buyers. These non-disclosed issues are as follows: ? The streets in Archmil Place were not built to NCDOT standards. No one knows why, but it appears that the County granted permission for the streets to be built in this manner. A portion of the development lies in Section 404 of federal wetlands, and the U. S. Army Corps of Engineers did permit building and lot development. Mr. Toni Barini, an Archmil homeowner and I met with Ms. Angie Pennock, Project Manager for the Army Corps of Engineers, who stated that discussion was held on narrowing a small section of the road that crossed the main creek that drains the entire development. The Army Corps of Engineers did not request that all streets be narrowed, but it appears that her statement was generalized and applied to the entire community. In a letter from the Planning Department to Mr. McGirt, it states: In order to minimize the destruction of wetlands and to slow through traffic, the Technical Review Committee has also approved your request for a waiver of the minimum street center line radius. Not only were streets built below NCDOT standards, but the street accessing Archmil Place cannot accommodate fire trucks. The City Council adopted a resolution on February 4, 2003, which states: The Archmil Place Subdivision fails to meet City standards because: (1) the streets in the development do not meet with City or NCDOT standards; (2) the drainage in the development includes concrete flumes that extend across the roadway instead of an underground system as required by City and NCDOT standards; and (3) the street accessing the development does not have a proper radius to accommodate fire trucks. The Archmil Place homeowners would like to know how narrow streets with sharp corners were permitted and approved, and if the developer can be required to correct the streets. In any event, the homeowners now have to disclose the issue of narrow streets when selling a home. This issue was never disclosed to perspective buyers. ? The wells were built on an unreliable source of water. Mr. Archie McGirt did not complete the water mains in Archmil Place when he found out that he was not going to be allowed to tie into the City Water System. Instead, Mr. McGirt placed wells on each lot even though Mr. Charles Stehman, P.G., Environmental Regional Supervisor of the Department of Environment and Natural Resources Groundwater Section, made the following statement: The formation down there does not hold up well and it is like flowing silt. Silt problems have been experienced with some homeowners having to replace dishwashers and water heaters in homes less than one year old. One commercial water treatment company refuses to install additional new systems because of the damage caused to its equipment. The homeowners do not understand why the following statement was made on the signed plat map of Archmil Subdivision: NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, OCTOBER 6, 2003PAGE 789 Not withstanding New Hanover County approval of this plat, lots shown on said plat may not receive New Hanover Health Department approval for on-site sewerage disposal systems nor for individual water supply systems. Yet, within the same notes under another section, the plat map says: Plats will be served by individual wells. The homeowners feel that these two statements are incongruent, and would like to know how wells were approved and allowed in Archmil Place. In any event, when homeowners are selling their residences, they now have to disclose that the wells have problems and may not hold up for irrigation purposes. These problems were not disclosed to perspective buyers even though wells problems already existed in many homes already sold. ? The fire hydrants are inoperable. As perspective buyers, we and our realtor saw the hydrants and assumed they were in working order, but they were not. County Fire Marshal Wayne Burns sent a letter to Archie McGirt saying: I will require you to use a suitable method to mark the hydrants by using a ring type marker or placing an orange colored bag placed over the hydrants. The hydrants have not been marked and two or three are now buried in sand. County Fire Marshal Burns also eluded to the fact that homes in Archmil Place were in serious danger if a fire should occur because it would spread quickly with houses are so close and the only available water is trucked water from responding fire departments. Dr. Wilson stated that for more than two years the homeowners have dealt with this risk to their safety and properties. The homeowners are sincerely grateful and thankful for the Board’s enforcement action, but the homeowners had to bring these issues to the attention of the governing bodies. By going public, the homeowners have paid a price. Not one realty company in town is interested in listing property in Archmil Place. In concluding his remarks, Dr. Wilson noted that two of the three non-disclosed items were known by the County. The homeowners are requesting that the County require developers to disclose to perspective buyers all items that do not meet County or State standards. Otherwise, as demonstrated in Archmil Place, the County will continue to have a process that will give another developer an opportunity to be dishonest with potential buyers. Commissioner Caster requested the Board to consider having the Planning Staff to review the issues presented by Dr. Wilson and respond to each item. He stated that the County should make an effort to correct any item that is not in compliance with the New Hanover County Zoning Ordinance. Chairman Davis agreed with the statement made by Commissioner Caster and he requested Dr. Wilson to present these items to Planning Director Dexter Hayes so he could respond to each item. He also requested Dr. Wilson to notify the Commissioners if a satisfactory response is not received. Commissioner Pritchett stressed the importance of the Planning Staff reviewing the Zoning Ordinance and regulations for flaws that could allow these types of situations to occur. She suggested that Staff make the appropriate recommendations to the Board of County Commissioners if the Zoning Ordinance should be amended. Planning Director Hayes advised that he would be glad to respond to these items and report back to the Board. 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. . No items were presented REMOVAL OF CLOSED SESSION FROM THE AGENDA Chairman Davis announced that the Closed Session would not be held because the County Attorney did not feel it was necessary at this time. CONSIDERATION OF ISSUES RELATING TO SALE OF THE LAW ENFORCEMENT CENTER (LEC) Chairman Davis reported that First Baptist Church approached the Board of County Commissioners with an offer to purchase the Law Enforcement Center (LEC). At that meeting Vice-Chairman Greer, Commissioner Boseman, and Commissioner Caster voted to move forward with negotiations and made a counter offer to the Church subject to the 911 Center remaining in the LEC rent free for a period of two years. The Church agreed to carry the offer back to the Board of Trustees and the Church came back and presented a contract with acceptance of the new condition. Chairman Davis stated that he had not signed the contract as of this date because of issues that have emerged since the upset bid process. He advised that in order to resolve this item, he felt discussion should be held in public for the Board to decide whether or not to proceed with the sale of the LEC to First Baptist Church, which would require the Chairman to sign the contract. If this action is taken, the Church has requested the County to sign an application which will designate First Baptist Church as the County’s agent to proceed with obtaining a Special Use Permit from the City of Wilmington for the homeless shelter to be placed in the LEC. The Church has also requested an additional 30 days in addition to the 150 days due diligence examination period since the contract and application have not been signed by the Chairman as of this date. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, OCTOBER 6, 2003PAGE 790 Chairman Davis opened floor to receive discussion on whether the contract accepting the offer from First Baptist should be executed. Commissioner Pritchett suggested considering another option and advised that a letter was recently received from Judges who are concerned about the County needing more jail space and offices for the Court System in a relatively short period of time. She suggested retaining the LEC for County use and not consider selling it in the future. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to retain the Law Enforcement Center for County use. Commissioner Casternoted that the letter received by the Board of County Commissioners on September 30, 2003 was signed by Judge Ernest B. Fullwood, Judge John J. Carroll, III and District Attorney John Carriker. He advised that he received a call from Judge Allen Cobb, Jr. who informed him that the two judges were not speaking on behalf of the other judges. Commissioner Caster also noted that former Boards had discussed the location and design of the new Jail for a number of years and decided on the Blue Clay Road site. The new Jail has been designed to use modular units to meet future space needs and at the same time provide a more efficient operation. The County has a legal contract with First Baptist Church and for the Board to change its direction would not be right or fair to the Church. Vice-Chairman Greer noted that he did not know exactly how to say what he felt and apologized to the members of the Board if he hurt anyone’s feelings. He reported that former Boards did spend numerous hours in discussing, designing, and finally deciding to construct a new Jail because of overcrowding in the LEC. It was never envisioned that New Hanover County would operate two jails, which will be costly and a liability to the County. He also noted that when the Board meets in Regular Session and a vote is taken, the majority rules, which means that three of five Commissioners have decided on an issue. When the Board voted to sell the LEC, three of the five County Commissioners voted to sell the building. This action was taken in an open meeting with minutes recorded, and it was negligent for the contract not to be signed. Now, discussion is being held on the decision made. According to the Rules of Procedure for Meetings adopted by the Board of County Commissioners, the only way to change a motion is for one of the Commissioners who voted in favor of the motion to bring the motion back for discussion and a re-vote on the issue. This would be the proper procedure; however, it is not right for the Board to vote on an item at one meeting and change the vote at another meeting. All issues should be studied before meetings and each Commissioner should vote accordingly, with the decision made being final. The citizens of the County are not well served when the Board votes on a decision and decides to re-vote on the issue. The Board voted to sell the LEC and the contract should be signed as voted upon by three Commissioners. Chairman Davis expressed appreciation to Vice-Chairman Greer and Commissioner Caster for their comments and stated the he would take full responsibility for not signing the contract. He advised that he did not think this issue was well thought through or discussed by the Board. The First Baptist Church delivered the offer on Thursday, August 14, 2003 and the offer was presented to the Board at the Regular Meeting held on Monday, August 18, 2003. At the Thursday Staff Meeting and Regular Meeting held on Monday, he requested the Board to delay rendering a decision until a Public Hearing could be held to receive input from the citizens. He also noted that comments from the public have been received about the offer being too low and about the proposed use of the LEC. If the Board had delayed making a decision, perhaps the concerns expressed by Judge Fullwood, Judge John Carroll, and District Attorney Carriker would have been presented to the Board. At no point did the First Baptist Church do anything wrong; however, the upset bid by Mr. Merritt was improperly submitted and both Mr. Merritt and County Staff should have known that the bid was submitted incorrectly. He asked if it was fair for the County to revert back to the original offer submitted by the Church and deny anyone else the right to submit a bid or show an interest in purchasing the LEC. In concluding his remarks, Chairman Davis advised that he suggested asking the County Attorney to request an opinion from the State Attorney General to determine if the contract was valid. This would have been a way to receive an opinion from a governmental agency; however, the members of the Board were not interested in contacting the Attorney General. Chairman Davis asked Reverend Michael G. Queen if he would like to speak. Reverend Queen referenced one correction in the remarks presented and explained that St. James Episcopal Church requested First Baptist Church to consider allowing St. James to operate its night shelter in the LEC if First Baptist purchased the building. This was the only reason for mentioning a homeless shelter as a use for the LEC. The City Attorney has ruled that night shelters or homeless shelters are now considered group homes and it would be inappropriate for the Church to request this use when applying for a Special Use Permit. First Baptist Church has not included this use in the Special Use Permit application submitted to the City. St. James Episcopal Church will continue to operate the night shelter for homeless people at the corner of Third and Market Streets as they have done for the past nine years. In concluding his remarks, Dr. Queen stressed the importance of the Commissioners understanding the Church Board of Trustees, Board of Deacons and congregation feel that the Church does have a contract with the County, and it is the hope and desire of the Church that the County will honor this contract. Commissioner Pritchettasked Reverend Queen if he was aware of the costs involved with bringing the LEC up to current building codes when the building is no longer used for a jail but for offices and other uses. Pastor Queen responded that the Church knows the cost could be staggering which was the reason for requesting the 150 day due diligence period. At the end of the 150 days, if the Church realizes that the proposed use is more than the Church can handle, the offer will be withdrawn. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, OCTOBER 6, 2003PAGE 791 Substitute Motion: Commissioner Caster MOVED for the County to execute the Buy-Sell Agreement, execute the agency application requested by the First Baptist Church as part of the Special Use Permit process required by the City of Wilmington, and extend the 150 day period of due diligence by 30 days. Vice-Chairman Greer informed Commissioner Caster that he would second the motion if he removed the first two portions of the motion and approved the additional 30 day period for due diligence because the Board had already voted to accept the offer and authorize the Chairman to sign the contract documents and agency application. Amended Substitute Motion: Commissioner CasterMOVED, SECONDED by Vice-Chairman Greer, to extend the 150 day due diligence period by an additional 30 days as requested by First Baptist Church. Chairman Davis asked if anyone would like to comment before voting on the substitute motion. Vice-Chairman Greer referenced the comment made by Commissioner Pritchett about the Church being required to meet the current building code standards and stated if the County maintains the LEC, the County will have to meet the same standards. Commissioner Pritchett responded that since the County is not changing the use of the building some maintenance issues will have to be addressed in the future. Vice-Chairman Greer advised that he thought the judges felt the building should be kept to provide more offices for Court System. Finance Director Shell advised that in response to the remarks by Vice-Chairman Greer, the County has money budgeted in a capital project to upgrade the 911 Center and perform maintenance work in several areas of the LEC. He noted that Commissioner Pritchett was referring to the fact that if the building is kept for a long period of time, there will be additional maintenance and capital related costs in the future. He stated that both statements were correct. Staff was trying to transfer the $1.6 million appropriated for repairs to the LEC into the capital project for constructing the Emergency Operations Center and 911 Center at MarketPlace Mall. Vice-Chairman Greer stated that he thought $2 million was appropriated for repairs to the LEC. Finance Director Shell advised that the original figure budgeted for the upgrade of the 911 Center and repair work to the LEC was $2.2 million; however, $600,000 was allocated to the 911 Center. County Manager O’Neal reminded the Board that the budget amendment to transfer the money into the capital project for constructing the Emergency Operation Center and 911 Center has already been approved. Vice-Chairman Greer advised that he felt each Commissioner would like to do what is right and he encouraged each member to think through this issue and consider if the Church has been treated fairly by the County. Commissioner Pritchett responded that she felt each member of the Board had given a great deal of thought to the offer by the Church since the original motion as taken by the Board on August 18, 2003. Vote: Hearing no other comments, Chairman Davis called for a vote on the AMENDED SUBSTITUTE MOTION made by Commissioner Casterand seconded by Vice-Chairman Greer, to extend the 150 day due diligence examination period by an additional 30 days as requested by the First Baptist Church. Upon vote, the MOTION FAILED TO CARRY 2 to 3: Ayes:Vice-Chairman Greer Commissioner Caster Noes:Chairman Davis Commissioner Boseman Commissioner Pritchett Chairman Davis asked Sheriff Causey if the County decides to retain the LEC, would there be a problem with keeping the structure as the Sheriff’s Administration Building to avoid having to construct a new building at the new Jail. Sheriff Causey responded that he felt the administrative space should be located at the new Jail to supervise over 300 employees and 650 inmates. He stated regardless of whether the LEC is sold or retained, the Sheriff and Administrative Staff should be located at the new Jail. Commissioner Pritchett stated that she thought the Board has already approved construction of an Administrative Building at the new Jail. Sheriff Causey explained that Sheriff McQueen did not want to relocate to the new Jail and the Administrative Building was removed from the construction plan. Vice-Chairman Greer asked if the LEC is retained and the jail is used to hold inmates, how many more deputies and personnel would be needed to operate a kitchen and provide other needed services. Sheriff Causey responded that the original Jail was built to house 125 inmates and later expanded to care for 262 inmates. If inmates are housed in the existing LEC, people will have to be hired to work four shifts, 24 hours per NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, OCTOBER 6, 2003PAGE 792 day, 7 days a week with the provision of kitchen services, medical services, and transportation for emergencies that occur in the jail. If a decision is made to use the existing LEC to house inmates, the County will basically be operating two jails He also noted that only seven people would be relocated, the Sheriff and Assistant, the Chief Deputy, two Human Resource Officers, and the Business Manager and her Assistant who will need 3,000 square feet of space. The remaining people in the LEC will move into the basement of the Courthouse where the old District Attorney’s office was located. Commissioner Pritchett advised that other counties are desperate for jail space and suggested investigating the possibility of renting jail space to some of the surrounding counties to offset the cost of needed services. She also stated that the kitchen in the new Jail could serve as a satellite kitchen for the LEC. Sheriff Causey responded that if the LEC is used as a jail, he felt a full time kitchen staff would be required. He advised that he would check the regulations and report back to the Board. Commissioner Caster advised that keeping the LEC for use as a jail was not reasonable and he stated that the County was fortunate to have an offer from the Church to use this building for a good cause. He suggested moving forward with the sale of the LEC to the Church. Vice-Chairman Greer requested the members of the Board to consider the fact that money has already been spent for design of the 911 Center and Emergency Operations Center to be constructed at MarketPlace Mall and he asked whether the Board would continue with this project or will that money be lost. The Church has a 150 day due diligence period, which means that the proposed use by the Church may not be possible at which time the Church has the right to withdraw its offer. The Board has voted to enter into a contract with the Church and this agreement should be kept. In concluding his remarks, Vice-Chairman Greer stated that if the LEC is retained and the County decides to operate two jails with additional expenses incurred, the time will come for the County to pay for these costs. If this action results in a tax increase, he would like the members of the Board to remember this when preparing next year’s budget. Chairman Davis responded that when the decision was made to relocate the 911 Center and Emergency Operations Center, he voted no. He also stated that he had been consistent with his vote regarding the LEC since the action was taken on August 18, 2003. Vote: Hearing no further comments, Chairman Davis called for a vote on the original motion made by Commissioner Pritchett, seconded by Commissioner Boseman, to retain the Law Enforcement Center for County use. Chairman Davis asked if anyone would like to comment before the vote is taken. Mr. Steve Sheffield reported that repercussion always occurs when decisions are made and there is a degree of anxiety by the public and by the Board of County Commissioners. God continues to use the foolish things of the world to compound the wise. After reading one or two articles in the paper, Commissioner Boseman was quoted a time or two in the newspaper regarding the letter written to Reverend Queen where she asked the question, “What would Jesus do?” In response to this question, perhaps Jesus is trying to do this in the midst of us and we will not see. Hearing no further discussion, Chairman Davis called for the vote on the motion to retain the LEC for County use. Upon vote, the MOTION CARRIED 3 TO 2: Ayes:Chairman Davis Commissioner Boseman Commissioner Pritchett Noes:Vice-Chairman Greer Commissioner Caster Vice-Chairman Greer asked how the vote taken on August18, 2003, should be handled since the Board had voted by a majority vote to accept the offer by the Church. Chairman Davis responded that he assumed with the vote just taken, the contract would not be signed, the agency application for the Church to proceed with the special use process would not be signed, and the 30 day extension for the due diligence period would not be needed. Vice-Chairman Greer apologized to Reverend Queen and members of the First Baptist Church for the manner in which the Board had handled this request. Commissioner Pritchett also apologized to the Church and stated the process was flawed from the beginning and was not well thought through by the members of the Board. Commissioner Caster disagreed and stated that he did not feel the process was flawed. Chairman Davis advised that after serving on the Board for seven years, this issue has been his most difficult item. He noted that he was raised at First Baptist Church and stated to vote against the offer had upset many of the Church members who are his friends. However, after giving this issue a tremendous amount of thought, he felt his vote was the right decision. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, OCTOBER 6, 2003PAGE 793 Commissioner Boseman advised that she made a motion to take the LEC off the market on September 2, 2003, before the $50 error was made in the upset bid submitted by Mr. Merritt because she felt the jail space would be needed in the future. ADJOURNMENT Chairman Davis called for a motion to adjourn the meeting. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis adjourned the meeting at 8:35 p.m. Respectfully submitted, Lucie F. Harrell Clerk to the Board