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HomeMy WebLinkAbout2003-11-17 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, NOVEMBER 17, 2003PAGE 832 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, November 17, 2003, at 9:00 a.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 Director of Human Relations, Carl Byrd, Sr., gave the invocation. The New Hanover County Fire Service led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Davis asked if any member of the Board would like to discuss or remove an item from the Consent Agenda. Chairman Davis requested removal of Items 3, 4, and 5 for further discussion. Commissioner Pritchett requested discussion of Item 2. Chairman Davis requested Commissioner Pritchett to comment on Item 2. Commissioner Pritchett referenced Item 2 and noted that the offer to purchase the property owned by the County was less than the tax value. She asked if the sale of the property had been advertised for bids. Assistant County Manager Dave Weaver explained that the adjoining property owner approached the County about purchasing the vacant lot owned by the New Hanover County Water and Sewer District. He stated that if the offer is accepted, the offer will be advertised through the upset bid process. Commissioner Pritchett expressed appreciation to Assistant County Manager Weaver for the explanation. Chairman Davis referenced Item 3 regarding funding for beach nourishment projects at Carolina Beach and Kure Beach and asked if this request was consistent with other similar projects. County Manager O’Neal responded that the request was consistent with other periodic beach nourishment projects as scheduled by the U. S. Army Corps of Engineers. Hearing no further comments, Chairman Davis called for a motion to approve the items on the Consent Agenda with the exception of Items 4 and 5. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to approve the items on the Consent Agenda as presented with the exception of Items 4 and 5. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the following sets of minutes as presented by the Clerk: Regular Meeting, September 15, 2003 Regular Meeting, October 20, 2003 Special Meeting, August 26, 2003 Consideration of Offer by Adjacent Resident to Purchase Vacant Lot Subject to Upset Bid Procedure The Commissioners approved an offer in the amount of $6,000 from Mr. Hubert Young, a resident of 5314 Clear Run Drive, to purchase an adjoining lot, Parcel # RO5606-008-019-000, owned by the Water and Sewer District. The Tax Department has valued the lot at $7,500 and once the offer is accepted, it will be advertised by the County through the upset bid process. The lot appears to be unbuildable because of a sewer line easement on the property and the land being extremely wet. Approval of Carolina Beach and Kure Beach Funding for Beach Re-nourishment Projects The Commissioners agreed to pay $139,475 to Kure Beach and $285,950 to Carolina Beach for upcoming beach nourishment projects from the Room Occupancy Tax Fund as recommended by the Port, Water & Beach Commission to cover the difference in the non-federal and non-state share. Authorization for the Health Department to Apply for a $3,000 Grant from Cape Fear Memorial Foundation (CFMF) The Commissioners authorized the Health Department to apply for a grant in the amount of $3,000 from the CFMF to provide dental care for low income children with no Medicaid or dental insurance. The money will be used NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, NOVEMBER 17, 2003PAGE 833 to pay local dentists for restorative dental care to children on free or reduced lunches, when school nurses identify an immediate need for dental care. This dental program was previously funded by the C.H.I.P Program, which is no longer in existence. If the grant is awarded, the County Manager is authorized to accept the grant and approve the related budget amendment. Acceptance of a Grant in the Amount of $25,000 from the Medical Society to the Health Department to Provide Nursing Services to Good Shepherd Ministries The Commissioners accepted a $25,000 grant from the Medical Society for the Health Department to provide nursing services to the population using the shelter at Good Shepherd Ministries. The County Manager was authorized to approve the related budget amendment. Acceptance of Tuberculosis (TB) Funds in the Amount of $10,388 from Duke University to the Health Department The Commissioners accepted funds in the amount of $10,388 from Duke University to the Health Department for FY 2003-2004 to continue participating in a Duke University TB Treatment Research Project. The Health Department has been assisting Duke with a research project for a new TB treatment protocol since the fall of 2001. Duke has provided the funds as an incentive to allow Staff to work with the project and the enrolled TB patients. The funds will be used in the TB program for supplies and temporary staffing to assist with outreach. The County Manager was authorized to approve the related budget amendment. Authorization for the Health Department to Submit a Grant Application in the Amount of $100,000 to the N. C. Tobacco Prevention and Control Branch for the Project ASSIST Coalition of New Hanover and Brunswick Counties The Commissioners authorized the Health Department to submit a grant application in the amount of $100,000 for Vision 2010 Tobacco Prevention and Control Funds. The N. C. Tobacco Prevention and Control Branch has received funding from the Centers for Disease Control and Prevention to continue the tobacco prevention movement across the state. The Health Department has received funds for 10 years to support the Project ASSIST Coalition of New Hanover and Brunswick Counties. The current funding will end June 30, 2004. Since the grants have become competitive, the local coalition has expanded the program to include Pender County on the grant application. Focus areas for the grant remain the same and include: Preventing Youth Initiation, Promoting Cessation, Reducing Exposure to Secondhand Smoke, and Eliminating Disparities. The County Manager was authorized to approve the related budget amendment if the funding is received. Acceptance of $29,485 in Reimbursements Received from Various Vendors for Purchase of Jail Health Pharmaceutical Items from the New Hanover County Health Department and Approval of Associated Budget Amendment # 04-0082 The Commissioners accepted reimbursements in the amount of $29,485 from various vendors for purchase of pharmaceutical items by the Health Department for the Jail. As of July 1, 2003, the New Hanover County Jail Health Program was contracted with Prison Health Services. As a result, several pharmaceutical items were returned to Cardinal Health for reimbursement ($2,570.17), others were purchased by a local pharmacy (Tom's Drug Company: $10,809.03); while others were purchased for use in the Jail by Prison Health Services ($16,106.28). The Health Department is requesting to budget these funds to cover the cost of temporary staff working on the Jail Medical Records Project. Additionally, any remaining funds would be used to support needed expenditures for the Health Department Clinic area as a result of the Department's reorganization and migration toward an Open Access Clinic. Budget Amendment # 04-0082-Health Adjustment Debit Credit Reimbursement Receipts$29,485 Contracted Services$29,485 Explanation: To budget receipt reimbursements for Jail Health Pharmaceuticals to cover the cost of temporary staff working on the Jail Medical Records Project. Acceptance of Tax Collection Reports Through October 31, 2003 The Commissioners accepted the following Tax Collection Reports through October 31, 2003, as submitted by the Collector of the Revenue, Patricia J. Raynor: New Hanover County Fire District New Hanover County Copies of the Tax Collection Reports are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXVIII, Page 21.6. Release of Values - Tax Department The Commissioners approved Senior Citizen/Disability Exclusions for the following taxpayers: Akers, Benita B.$20,000 Bledson, Doris Aileen$65,660 Canty, Rosa Lee$20,000 NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, NOVEMBER 17, 2003PAGE 834 Freeman, Corine A.$68,610 Hurley, Dempsey M. Alberta$20,000 Jeffords, Sara M.$22,452 Little, Evelyn P.$43,850 Macaluso, Anne$65,535 Mills, David Ray$ 1,380 Raynor, Margaret Louise$39,166 Robinson, Helen$35,981 Sidberry, Margaret N. Life Estate$32,321 Thorpe, Theodore Life Estate$32,774 Williams, Aileen Ammons, Etal.$25,462 Williams, Marvin Sheila$16,920 The Commissioners approved release of a late listing penalty for the following company as it was the taxpayer’s first offense: Releco Limited$ 193.88 DISCUSSION AND APPROVAL OF CONSENT AGENDA ITEM 4, RENEWAL OF CHILD SUPPORT CONTRACT WITH DYN TEK, INC. Chairman Davis advised that some concerns have been received about Dyn Tek, Inc. and the company’s working relationship with the employees. When the company contracted with New Hanover County to operate the Child Support Enforcement Program, the employees were promised salary raises and contributions to the 401K Plan. He advised that it was his understanding that the employees had not received these benefits, and he requested the Director of Social Services, LaVaughn Nesmith, to comment on this matter since these were former County employees. Director Nesmith informed the Board that when Dyn Tek, Inc. contracted to operate the Child Support Enforcement Program, employees were given a 20% salary increase. When comparing a 20% raise to increases given to County employees over the past three years, County employees are behind the salary increase given by Dyn Tek, Inc. Director Nesmith also noted that he was not sure about the contribution match to the 401K plan. Commissioner Caster advised that the Board of Social Services was pleased with Dyn Tek, Inc. and stated that the members have recommended renewal of the contract. Chairman Davis called for a motion. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to approve renewal of the contract with Dyn Tek, Inc. to operate the Child Support Enforcement Program effective January 1, 2004 through June 2005. Upon vote, the MOTION CARRIED 4 to 1. Chairman Davis stated that he voted against the motion because of information received from employees working for Dyn Tek, Inc. A copy of the contract is on file in the Legal Department. DISCUSSION AND APPROVAL OF CONSENT AGENDA ITEM 5, A PROJECT ORDINANCE CHANGE FOR THE EOC/911ANNEX, JUDICIAL BUILDING, AND COUNTY ADMINISTRATION BUILDING RENOVATIONS Chairman Davis requested Staff to explain the ordinance change. Finance Director Bruce Shell advised that when the Capital Project Ordinance was established in September 2003, the ordinance included the Emergency Operations Center, 911 Complex, expenditures to the Judicial Building associated with the move of the Civil and ID Departments from the Law Enforcement Center, and renovations to the New Hanover County Administration Building relating to the City of Wilmington leasing the first two floors of the building. In preparing the Project Ordinance, the Judicial Building was inadvertently omitted in the title of the ordinance. No changes have occurred in the funding or figures, but the change is necessary to accurately reflect the projects within the Capital Project Ordinance. Commissioner Boseman expressed concern for spending $500,000 to renovate the Gold’s Gym space without identifying a specific use for the space. Finance Director Shell explained that $500,000 is earmarked to be spent when a specified use is determined for the Gold’s Gym space. Hearing no further comments, Chairman Davis called for a motion. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to approve the change in the Capital Project Ordinance as presented. Upon vote, the MOTION CARRIED 3 to 2. Chairman Davis and Commissioner Boseman voted in opposition. Chairman Davis stated that he voted against the Capital Project Ordinance to be consistent with his vote opposing the 911 Center and Emergency Operations Center being moved to Marketplace Mall. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, NOVEMBER 17, 2003PAGE 835 A copy of the Capital Project Ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 21.7. PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager O’Neal requested the following employees to step forward to receive service awards. Five Years Eileen A. Redolphy, Health Department Melita A. Newkirk, Department of Social Services Fifteen Years Renee M. Peglow, Information Technology Department On behalf of the Board, Chairman Davis presented a service award to each employee and expressed appreciation to them for their years of dedicated service. RECOGNITION OF NEW EMPLOYEES: County Manager O’Neal requested the following new employees to stand and be recognized: April Jenkinson, Health Department Deanna Oster, Health Department Scott Harrelson, Health Department Antonette Hansley, Health Department Patricia Roberts, Inspections Department Angels Smith, Juvenile Day Treatment Center Stephen Malpass, Parks Department Kimberly Johnson, Department of Social Services George Marshall, Department of Social Services Jean Lewis, Department of Social Services Mary Coulson, Department of Social Services Henry (Hank) Montgomery, Tax Department Chairman Davis welcomed these new employees to County government and wished them success in their new positions. INDUCTION OF FIRE FIGHTER RECRUIT CLASS 03-01 Chairman Davis reported that it was an honor to proceed with the induction of the Fire Fighter Recruit Class. He requested Captain Frankie Pridgen to make the presentation. Captain Pridgen introduced the following members of the Recruit Class 03-01: Trevor Beyma Eric Conklin Robert Cox Edward Nelson Courtney Padget Tim Rooks Leo Selzeer Commissioner Pritchett, the Board’s representative on the Fire Commission, administrated the Oath of Office to the Fire Fighters of the Recruit Class 03-01. Mr. Monte Coughlin, Chairman of the Fire Commission, reported when civilization began to organize into groups that were for or against various activities, people developed flags and banners to signify their cause or allegiance. These flags and banners were carried in front of a marching military organization as an indication of loyalty for a particular group. As weaponry grew more sophisticated, individual warriors began to carry devices called shields which provided them some physical protection. Later symbols of various units were affixed in the front of the shield so troops could distinguish friend or foe in battle. As the tradition began to grow to recognize people who go out of their way to save people, the Maltese Cross was adopted by the Fire Service because it represents humanitarian acts. The cluster on the badge is comprised of axes, nozzles, fire hoses and other devices to represent dedication and commitment of duty with the bird symbolizing the Phoenix to represent rebirth after fire. The badge is not just a sign of graduation but a symbol of commitment with a rich history. Modern fire fighters are willing to place themselves in an emerging catastrophe so lives and property can be saved. Mr. Coughlin presented a badge to each of the fire fighters. After showing a brief video presentation on the activities of the New Hanover County Fire Services, Fire Chief Donnie R. Hall reported that the Oath of Office allows these graduates to enter a new career. Fire fighters face dangers daily and these professionals are more susceptible to disease and debilitating injuries, and will live several years less than normal. The decision to become a fire fighter will require working long hours with no great monetary reward and attending hours of college level classroom training with no increase in pay. The time spent will be hard on families but this career presents an opportunity to face constant challenges daily and to learn that a fire fighter does truly make a difference in someone’s life. When an elderly person or young mother hugs you with tears in their eyes to thank you for saving a loved one, you will experience an emotion of self-worth that cannot be described because you know you have made a difference. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, NOVEMBER 17, 2003PAGE 836 Chairman Davis advised that before the September 11, 2001 terrorist attack, he thought that a hero was a football player running up and down the field making touch downs. After this tragic incident, the citizens of this country realized that fire fighters are heroes who go into burning buildings to save lives. He expressed appreciation to the graduation class for choosing this outstanding career and dedicating themselves to help others. A round of applause was given to the new inductees. PUBLIC HEARING TO CONSIDER APPROVAL OF A GRANT APPLICATION IN THE AMOUNT OF $488,313 FOR THE COMMUNITY TRANSPORTATION PROGRAM FOR FY 2004-2005 Ms. Deborah M. Houston reported that New Hanover County is eligible to obtain grant funding from the North Carolina Department of Transportation (NCDOT) for administrative, capital and technology assistance in the operation of New Hanover Transportation Services (NHTS). The grant application deadline is November 21, 2003. A total of $488,313 is being requested for the upcoming fiscal year. These funds include $173,313 in administrative assistance, $265,000 in capital assistance for the replacement of five (5) vans and two (2) electronic fareboxes and $50,000 in technology assistance for a Telephone Call Center for telephone call management. Local matching funds total $57,497 and will be included in the NHTS budget request for the upcoming year. The current match amount is $54,283. Ms. Houston requested the Board to conduct a Public Hearing, approve the request to submit the application, adopt a resolution on the use of funds, and authorize Chairman Davis, County Manager O’Neal and County Attorney Copley to execute the appropriate application certifications and assurances upon receipt and to accept the program funds if the grant is awarded. Chairman Davis opened the Public Hearing. Chairman Davis asked if anyone in the audience would like to speak in favor of the grant application. Hearing no comments, Chairman Davis asked if anyone in the audience would like to speak in opposition to submission of the grant application. Hearing no comments, Chairman Davis closed the Public Hearing and requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to approve the request to submit the application for grant funding from the NCDOT in the amount of $488,313 to assist in the operation of the New Hanover Transportation Services, adopt the resolution on use of funds, authorize the Chairman, County Manager, and County Attorney to execute the appropriate application certifications and assurances upon receipt and accept program funds if the grant is awarded. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the certifications and assurances is on file in the New Hanover Transportation Services Office. PUBLIC HEARING TO CONSIDER ADOPTION OF AMENDMENTS TO THE FLOOD PLAIN MANAGEMENT REGULATIONS Chairman Davis open the Public Hearing and announced that the Public Hearing was scheduled to allow the public to comment on the proposed amendments to the Flood Plain Management Regulations. He requested Senior Planner Chris O’Keefe to make the presentation. Senior Planner O’Keefe reported that the proposed amendments to the Flood Plain Management Regulations are the result of the Unified Development Ordinance (UDO) process. The amendments combine the County’s old regulations with the City of Wilmington regulations and the State of North Carolina minimum standards for Coastal Flood Plain Regulations. Recommendations from the County’s All Hazard Mitigation Plan have also been included wherever appropriate. The New Hanover County Planning Board first reviewed the changes at the meeting held on July 10, 2003. After holding another Work Session, the Planning Board voted 7 to 0 to recommend approval of the amendments at the meeting held on September 4, 2003. The following amendment to the Flood Plain Management Regulations were presented: Page 2: Article I, Section 3. Basis for Establishing the Areas of Special Flood Hazard: Allows for “Areas of Special Flood Hazard” defined through standard engineering analysis for private developments or by governmental agencies. Page 3: Article I, Section 9: Penalties for Violation: The new regulations prescribe a graduated fine for repeated violations beginning at $100 and then progressing to $300 and $500 fines. Page 6: Article II, Definitions: bb. Special flood Hazard Area: Removes this definition to limit confusion with “Areas of Special Flood Hazard”. Page 7: Article II, Definitions: ee. Substantial Improvement: Extends the period of time to calculate the value of the improvements to five (5) years. Page 9: Article III, Section 3. Permit Procedures, 1 & 2: Requires the 100-year floodplain and floodways to be identified on plot plans. Page 9: Article III, Section 3. Permit Procedures, d.: When the base flood elevation data is not provided, the application for a development permit must show construction of the lowest floor at least 2 feet above the highest adjacent grade. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, NOVEMBER 17, 2003PAGE 837 Page 9: Article III, Section 3. Permit Procedures, 2. i. (a-g): Administrative procedures are defined. Page 12: Article III, Section 4. Variance Procedures, g. Conditions for Variance: Clarifies conditions which make a property qualify for issuance of a variance. New language is needed to comply with federal, state, or local regulations. Page 13: Article IV, Section 1. b.: Requires new construction to elevate electrical, heating, ventilation, plumbing, air- conditioning equipment and other service facilities at least 2 feet above the base flood elevation. Page 13: Article IV, Section 1. h. Non-Conforming Buildings or Use: Non-conforming buildings or uses may not be enlarged, replaced, or rebuilt unless such enlargement or reconstruction is accomplished in conformance with the provisions of this ordinance. Page 15: Article IV, Section 2. e. f. g.: Provisions for Recreational Vehicles, Temporary Structures and Accessory Structures to be placed in the flood plain. Page 18: Article IV, Section 6.: Applies standards to areas near streams without established base flood elevations and/or floodways. In concluding the presentation, Staff Planner O’Keefe offered to answer questions. Hearing no comments, Chairman Davis asked if anyone from the audience would like to speak in favor of the amendments. Hearing no comments, Chairman Davis asked if anyone from the audience would like to speak in opposition to the amendments. Hearing no comments, Chairman Davis closed the Public Hearing and requested direction from the Board. Motion: Commissioner Boseman MOVED, SECONDED by Commissioner Caster, to adopt the amendments to the Flood Plain Management regulations as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the amendments to the Flood Plain Management regulations are on file in the Planning Department. Commissioner Boseman requested a brief update on the progress being made by the Unified Development Ordinance Committee. Planning Director Hayes reported that the Unified Development Ordinance Committee has met infrequently for the past few months. The City has contracted with a private consultant regarding permitted uses, and once this information is received from the consultant, meetings will be held more frequently to discuss the number of districts in the County and how the uses are regulated in any zoning district. It is anticipated that the UDO Committee will have sufficient information to present to the City Council and Board of County Commissioners by early April 2004. Commissioner Bosemanexpressed appreciation to Planning Director Hayes for the status report and requested that he keep the Board informed about the progress of the UDO Committee. CONSIDERATION OF BIRD MANAGEMENT AND MONITORING OPTIONS FOR THE MASON INLET RELOCATION PROJECT Assistant County Manager Dave Weaver reported that during the November 12, 2003 Work Session, Staff was requested to contact UNCW and the Audubon Society to see if a joint proposal could be prepared to provide bird management and monitoring options for the Mason Inlet Relocation Project. A joint proposal has been prepared for UNCW to perform the monitoring function at a cost of $27,567 and for the Audubon Society to perform the management function at a reduced cost of $21,826 subject to installing a sand fence at the bird conservation area to assist with controlling access to the site and subject to the Commissioners adopting ordinances to keep dogs and humans out of the bird conservation area. The total cost of the proposal is $49,393 for both functions, which is $2,400 more than the UNCW proposal presented at the Work Session. Although the joint proposal is slightly higher, Staff feels that the extra money will be well spent because both organizations will be involved. In closing, Assistant County Manager Weaver advised that Staff recommends approval of the joint UNCW- Audubon Society proposal, approval of the draft revisions to the Bird Management Plan as presented at the Work Session, and authorization for Staff to prepare the necessary ordinance changes to control human and dog access at the bird conservation area. Chairman Davis asked if any member of the Board would like to comment. Commissioner Caster asked if any additional funds would have to be paid during the current year to pay for the new contract with UNCW. Assistant County Manager Weaver responded that the joint proposal would be in place at the beginning of the nesting season in March 2004. Since the contracts are paid from the Room Occupancy Tax Account, the expenditure does not have to be part of the regular budget process. Chairman Davis advised that Condition #16 deals with management of the bird conservation area, which is currently being done by the Audubon Society during the nesting season beginning March 1 through September 1. In deciding how to continue the management plan, Staff has recommended contracting with the Audubon Society at a cost NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, NOVEMBER 17, 2003PAGE 838 of $21,826 for management during the nesting season to include the construction of a sand fence and adoption of ordinances to prohibit dogs and humans in the conservation area on an annual basis. The designated area between the conservation area and the oceanfront will remain in place to provide an area for people to walk and for people to walk dogs on leashes. Chairman Davis referenced the monitoring function required under Condition #12, and stated that the purpose of this condition is to count birds and record the activity of the piping plover and other bird colonies. This function is currently being done by UNCW on an annual basis at a cost of $27,567, which now includes UNCW providing low intensive management during the non-nesting season when the Audubon Society is not managing the area. Some of the material received by the Commissioners from Staff states “that the management plan does not need to be extended to an annual status and it does not have to include the education component to meet minimum permit conditions.” He asked if the entire $27,567 would be paid up-front from the Room Occupancy Tax and then assessed to the benefitted property owners since the County is doing more than required in the permit. Assistant County Manager Weaver responded that the entire $27,567 would be paid from the Room Occupancy Tax and assessed to benefitted property owners. Chairman Davis asked if the Audubon Society management contract in the amount of $21,826 is necessary to meet the conditions of the permit, and if so, should it be paid by the Room Occupancy Tax and later assessed to the benefitted property owners. Assistant County Manager Weaver responded that the contract with the Audubon Society in the amount of $21,826 will provide minimal management services to meet the conditions of the permit and ensure another successful nesting season. Staff believes that the presence of trained persons from the Audubon Society is needed during the nesting season to work with the public visiting the area. The total cost of the joint proposal is approximately $2,000 more, but it would be money well spent because the Audubon Society is more experienced than UNCW in this type of management. Chairman Davis asked if the contract with the Audubon Society included education. Assistant County Manager Weaver responded that very little education would be included in the contract with the Audubon Society. The original contract did include a substantial amount of funds for education. The Society will donate brochures and other materials to the County. He requested Mr. Walker Golder, representing the Audubon Society, to comment on the educational issue. Mr. Golder reported that the Audubon Society was requested to cut costs wherever possible and components of the education plan were eliminated. Commissioner Caster advised that discussion was held at the Work Session about the management plan not requiring the presence of people at the bird conservation area. He expressed concern for the County exceeding the conditions required by the permit and asked if any other local governments along the coast were being required to pay people to protect a bird conservation area. Assistant County Manager Weaver responded that he did not know of another coastal area with this type of monitoring program and stated that Staff believes the presence of people on the bird conservation site during the nesting season will ensure another successful nesting season. Commissioner Caster noted that if the County is meeting the requirements of the permit by posting signs and fencing, the County should not take additional steps. Chairman Davis spoke on understanding that if the monitoring is successful for two or three years, the monitoring process would be gradually reduced. Assistant County Manager Weaver explained that the monitoring would be phased out until another maintenance dredging event occurs. He also noted that the Bird Management Plan will last for the length of the project, which is 30 years. Chairman Davis advised that personally he did not have a problem with voting on the required conditions in the permit and assessing the cost to the benefitted property owners; however, for the County to go beyond these requirements was not fair to the benefitted property owners. Staff is requesting the Board to consider paying UNCW to monitor the area at a cost of $27,567 per year and pay the Audubon Society $21,826 to manage the bird conservation area during the nesting season. Assistant County Manager Weaver informed the Board that the permit conditions require the County to provide the critical habitat, which means to minimize unnatural disturbances, such as human and dog intervention, which must be controlled. Staff feels that the services provided by the Audubon Society during the last nesting season will ensure another successful season. Commissioner Caster statedthat during the N. C. Shore and Beach Preservation Association meeting, he was approached by Mr. Spencer Rogers, a representative of Sea Grant, and Ms. Donna Moffitt, Executive Director of the N. C. Division of Coastal Management, about concern for the County setting aside more property than necessary for the conservation area. There were also concerns expressed about researchers from UNCW not being permitted in the bird conservation area. He advised that Mr. Rogers was present and would like to speak at the appropriate time. Assistant County Manager Weaver responded that he was not aware of any UNCW researchers being denied NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, NOVEMBER 17, 2003PAGE 839 access to the conservation area. Chairman Davis stated that Mr. Frank Pinkston was present and would like to comment. Mr. Frank Pinkston, Chairman of the Mason Inlet Preservation Group (MIPG), respectfully disagreed with Staff and stated that he felt New Hanover County was going beyond the conditions required in the permit. He stated that the MIPG has done what was requested, which was to re-establish a habitat suitable for nesting birds. During this period, the birds have become plentiful and they are being left alone; therefore, the conditions have been met. The County could increase the protection of the nesting area with the presence of people, but this is not a condition of the permit and will have to be paid by the MIPG. The group feels that they should not be singled out to pay for a condition that is not required in any other coastal area. He requested the Board to approve only the conditions required in the original permit. Chairman Davis advised that Mr. Spencer Rogers was present and would like to speak. Mr. Spencer Rogers, a Geologist with North Carolina Sea Grant and a specialist in coastal processes, reported that he had been involved with the various agencies and property owners in the Mason Inlet Relocation Project for the last ten years. The Town of Wrightsville Beach and later the County requested him to serve on a committee to develop management options for Mason Inlet. Three coastal specialists were asked if moving Mason Inlet was an acceptable and functional management approach. After review of the inlet, the group was in favor of moving the inlet if Mason Creek was dredged. He stated that he had no regrets about that decision because of the following benefits to the surrounding areas: 1. Improving water circulation in the Intracoastal Waterway that improved water quality in the creeks. 2. The assumption that both sides of the Mason Inlet could not be developed was not true. Prior to moving the inlet, homes could be built on both sides under State regulations; however, relocation of the inlet placed development restrictions on both sides, particularly on the south side of the inlet. State regulations still allow some property to be developed, but the negotiated agreement between the County and property owners has prevented development. 3. The relocation of Mason Inlet did create some ideal habitat for bird nesting which provided the County an opportunity to manage part or all of the area for a bird habitat. 4. When Shell Island and the Holiday Inn were developed, there was no public access to this area. The Town of Wrightsville Beach and the Division of Coastal Management worked to negotiate CAMA development permits that led to the donation of the parking lot and public access in this area. Without this effort, there would have been no public access on the property north of the Holiday Inn. Public access and the Bird Management Plan were clearly an important part of the permit. 5. Under State law, any oceanfront area filled and paid for by public funds allows the mean high water area to remain within the ownership of the State. What had previously been a 10 foot easement prior to relocating the inlet became 1,000 to 1,500 feet of public land owned by the State, which provides for better management controls over the entire area. In closing, Mr. Rogers advised that the Commissioners must recognize that public access is an important use. He stated that some UNCW researchers and students have been concerned about being requested to leave the area by the group managing the conservation bird area; however, when the students explained they were gauging the flow of water in the channel during tidal changes, the problem was resolved. He also noted that he and the Marine Quest Program at UNCW had carried students on field trips for the last 10 to 23 years and stated that these trips can no longer be scheduled under the new regulations in the area. Chairman Davis asked Mr. Rogers if he was inferring that New Hanover County has tried to limit access to State owned land. Mr. Rogers responded that limiting public access is a key issue when there is sufficient land at Mason Inlet to provide for bird management and public access. It appears that the County is leaning heavily toward bird management without fairly considering the public access. Rational decisions should be made on balancing public access and the bird habitat management for the entire conservation area. Chairman Davis asked County Attorney Copley to comment on any legal issues involved with restricting access to public land owned by the State. County Attorney Copley responded that since the County has not received a complaint from any one about limiting public access, she would like to review the General Statutes before responding to the question. With reference to persons performing research and field trips, a determination will have to be made on each activity. From the remarks presented to the Board, it does not appear that the County is illegally restricting access in this area. Commissioner Caster referenced the memorandum from Ms. Donna Moffitt, Director of the N. C. Division of Costal Management, and read the following excerpt: “Part of the high ground under consideration from becoming off limits to pedestrians is State property. I am not aware of any attempts by the County to seek the State’s position on the County’s latest proposal.” Assistant County Manager Weaver responded that Staff contacted the State Property Office about the desire of the County to limit access with the rope fence and no reply was received from the office. However, the N. C. Wildlife NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, NOVEMBER 17, 2003PAGE 840 Resource Commission has been vocal about the need to limit access to the entire area, including the oceanfront. Chairman Davis asked County Attorney Copley whether the County would be infringing upon the State’s rights if the Board proceeds with the recommendations presented,. County Attorney Copley responded that based upon the information presented in the meeting, she felt the County had not restricted public use to the extent that it would be infringing upon the State’s rights. Hearing no further comments, Chairman Davis requested direction from the Board. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster for the County to proceed with Condition 12 as required under the original permit and recommended by the Mason Inlet Preservation Group with UNCW performing monitoring on an annual basis at a cost of $27,567 to include low intensive management during the non-nesting season with payment from the Room Occupancy Tax and eventually assessed to the benefitted property owners. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis referenced the Management Plan which is to be conducted by the Audubon Society during the nesting season from March 1 through September 1 at a cost of $21,826 with the County erecting the sand fence and implementing ordinances to restrict human and dog access in the conservation area on an annual basis. Commissioner Caster stated that he felt the ordinances were a separate issue. Chairman Davis stated that he felt the ordinances were a part of the agreement with the Audubon Society. Assistant County Manager Weaver explained that the Audubon Society would like for the ordinances to be part of the agreement. Commissioner Pritchett asked who would pay for the cost of installing the sand fence. Assistant County Manager Weaver responded that the cost of the sand fence would be minimal and stated that volunteers could probably be found to help install the fence. Vice-Chairman Greer stated that since the conservation area is already roped off, would the sand fence would be located in the same area or in an expanded area. Assistant County Manager Weaver responded that the sand fence would be located inside the conservation area. Vice-Chairman Greer asked why the sand fence and ordinances were needed when the nesting program has proven to be successful. Assistant County Manager Weaver explained that the sand fence would be helpful to the people and volunteers managing the bird conservation area, but the fence is not critical to the management of the area. The ordinances are needed so the Audubon Society will have a law to keep humans and dogs out of the conservation area. Commissioner Pritchett spoke on the importance of being fair to the members of the Mason Inlet Preservation Group since they will be assessed the cost of the contract with the Audubon Society and suggested paying one-half of the cost from the Room Occupancy Tax and the remaining half from the County’s General Fund. Chairman Davis requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to accept the management proposal submitted by the Audubon Society in the amount of $21,826 for one year with $10,913 (50%) paid from the Room Occupancy Tax Fund and assessed to the benefitted property owners and $10,913 (50%) paid from the County’s General Fund and to direct Staff to prepare the necessary ordinances to restrict dogs and humans in the conservation area. Vice-Chairman Greer expressed concern for going beyond what is required in the permit and stated that it was not fair for the MIPG to pay for additional services. He advised that the main issue is the definition of management, which in his opinion, is to rope off the area and keep dogs and humans out. He expressed concern for going beyond this point and hiring other people to become involved in the process. After a lengthy discussion on restrictions in the ordinances to restrict dogs and humans in the conservation area, Assistant County Manager Weaver explained that the ordinances would be written to prohibit dogs and humans in the area with exception of authorized State employees, the Hutaff family, researchers, and field trips for the purpose of education. Upon vote, the MOTION CARRIED 3 TO 2. Vice-Chairman Greer and Commissioner Caster voted in opposition. BREAK Chairman Davis called a break from 11:12 a.m. until 11:25 a.m. UPDATE ON THE COUNTY’S EFFORT TO IMPROVE RADIO COMMUNICATION FOR EMERGENCY RESPONDERS IN CAROLINA BEACH AND KURE BEACH Director of Emergency Management Warren Lee presented the following report on the existing 800 MHz NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, NOVEMBER 17, 2003PAGE 841 system used by New Hanover County. The 800 MHz band is a narrow portion of the system with cell phones being one of the largest users. Public Safety has a dedicated band width of only 70 MHz and public safety professionals have been working diligently for years to increase the band width. The County’s MHz System is comprised of 14 channels and is licensed for 11 more channels, but the infrastructure is not in place to utilize the additional channels. The needed infrastructure must be built within a certain deadline or the 11 channels will be lost. There are two types of 800 MHz Radio Systems in New Hanover County, conventional and trunked. The conventional system is limited . For example, if there is one channel with ten people in the system using the channel, only one person can talk at a time. This traditional system is not only limited to 800 MHz, it can be used on a VHF low band, VHF high band, and UHF band. The trunked 800 MHz Radio System utilizes a group of frequencies used together with one repeater that is known as the controller. Every radio on this system is linked to the computer controller which continuously searches to see who is trying to access the radio system. The County has 14 channels available at any one time. The controller assigns the person calling to one of the 14 channels which allows for better utilization of the system. The controller within the County’s system is the Flemington repeater that maintains continuous control over the 14 frequencies. Since the 800 MHz wave length does not travel indefinitely in space, there is a coverage issue in the southern part of the County. One reason for the problem is the lack of an antenna site closer to Snow’s Cut and Pleasure Island. In a simulcast system, a mirror image of the Flemington repeater would be located in the southern part of the County to allow radio users to talk to each other. When the Flemington site flooded, the repeater was temporarily located to Sea Breeze on the site currently leased from Charter Communications. During this period of time, people in the southern part of the County received excellent coverage. With this history in place, Staff feels that creating a simulcast system in the southern part of the County mirroring the Flemington repeater, would solve the coverage problem. Chairman Davis asked if placing a simulcast system in the southern end of the County would provide 100% coverage to Snow’s Cut and Pleasure Island. Director Lee responded that no system will provide 100% coverage, but the southern area of the County should receive at least 97% to 98% coverage. No manufacturing companies will ensure 100% coverage of an area. The 800 MHz Motorola System is called Smart Net which allows the County to use 28 channels. Under the current 14 channels, the County can accommodate 65,000 individual users if the infrastructure is in place with over 4,000 talk groups. The County’s usage is not near this capacity. Currently there are approximately 3,000 users in the County’s system with each agency establishing talk groups. The existing trunked system is comprised of the following transmission tower sites: Flemington Tower: This location is the primary transmission site that provides communications for fire and EMS paging, special mutual aide nationwide channels, and the Air Link Helicopter System at the Medical Center. River Road Tower: This location is dedicated to the paging system for fire and EMS which is not on the trunked 800 MHz System. Paging has never been traditionally part of the 800 MHz because of the distance needed. There are some coverage issues in the Castle Hayne and Ogden areas. Staff is in the process of trying to determine if the problem is related to the pagers or distance. This site also provides state mutual aide channels for the Fire Services and two rescue channels. Hill Valley Walk Tower: This location is leased from Charter Communications with two conventional non-trunked 800 MHz repeaters to provide coverage to the southern end of the County and two mutual law enforcement channels. Director Lee advised that when discussion was held with the Board of County Commissioners about the 800 MHz, the Board requested Staff to explore the following options to improve radio communication for emergency responders in the southern part of the County, particularly at Carolina Beach and Kure Beach: (1) Development of a Request for Proposals (RFP): Brunswick County recently went through an RFP process which resulted in a contract with a firm for an innovative system, which is still unproven, that was significantly less than an 800 MHz system. The RFP process would be initiated by the County stating its problems (lack of coverage south of Snows Cut) and then requesting vendors to submit possible solutions. This process may encounter difficulties such as the County having to abandon its existing 800 MHz system. Staff does not recommend this approach because of the tremendous cost and unproven record. (2) Use of the U.S. Coast Guard Loran Tower Station on River Road: Based on contacts with the U.S. Coast Guard personnel, there is a strong possibility that the County may be able to locate an expanded 800 MHz simulcast system on the Loran Tower to operate in coordination with the County's current system in Flemington. Efforts were initiated in 2000 to secure authorization to place the necessary antennae at the Loran site for an 800MHz simulcast system. Preliminary approval was granted by the U.S. Coast Guard, but those efforts were never brought to fruition due to an estimated cost of $50,000 to $100,000 for engineering studies that the Coast Guard was going to require at the site. The County is in the process of requesting the Coast Guard to perform the necessary interference testing and tower loading study. The benefit provided by the Loran site is that the County would be ensured of a long-term availability for this option. The cost to the County would still be several million dollars, based on the proposal submitted by Motorola. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, NOVEMBER 17, 2003PAGE 842 (3) Use of the Charter Communications Tower in Sea Breeze: The County already has conventional 800 MHz equipment on a tower owned by Charter Communications in the Sea Breeze area. The County could probably locate new 800 MHz equipment on this tower. The County presently leases space on the tower for five (5) years, renewable four times, with the stipulation that the County would vacate the premises with only a 12-month notice. In addition, Charter does not own the land. The terms of that lease are still unknown. If the County pursues this option, it is recommended that the County pursue acquisition of both the tower and the land if a long-term lease is not available. This option would also cost several million dollars. In concluding the presentation, Director Lee advised that Staff would continue to investigate the last two options and stated that once more information is received about the feasibility and cost of each option, a report will be made to the Board of County Commissioners. Discussion was held on when more information would be received from the U. S. Coast Guard about use of the Loran tower located on River Road.. Assistant County Manager Dave Weaver advised that in discussion with Coast Guard personnel, it appears that no obstacles are in the way if the civil engineering and interference study conducted by the U. S. Coast Guard is approved. This information will probably be received in several months. Chairman Davis expressed concern for the time involved with closing the U. S. Coast Guard Loran site and referenced the testing done in the past for a transmitter to be placed on the tower and asked if this data could be used in lieu of a study. Director Lee responded that previous testing was an informal process and stated that a study would be required to determine the structural integrity of the tower, wind load factors, and the additional weight placed on the tower with adding more cables and antennas. Chairman Davis expressed appreciation to Director Lee for the informative report and asked what the next step would be in trying to resolve the problem. County Manager O’Neal informed the Board that Staff feels more time is needed to explore the Coast Guard Loran Station and to continue conversations with Charter Communications. He stressed the importance of selecting the right option and advised that people south of Snow’s Cut are in favor of moving forward with the simulcast system, which might be the right option in the final analysis; however, the other two options should be thoroughly explored before making this decision. Chairman Davis announced that the Mayor of Carolina Beach Ray Rothrock was present and would like to speak. Mayor Rothrock referenced the map showing the 800 MHz coverage from the Flemington Tower and stated that radio waves do not reach south of Beau Rivage. It is important for everyone to understand that the problem is not only with Carolina Beach and Kure Beach but for southern New Hanover County. The beach communities want to work with the County to resolve this issue, and he urged the Commissioners to place this item near the top of their priority list since this matter has been discussed since 2000. The southern end of the County has a serious problem that endangers the lives of law enforcement officers and fire fighters. Mr. Tim Fuller, a Kure Beach Town Council Member, agreed with the comments made by Mayor Rothrock and stated that this issue not only applies to the southern part of the County but to the entire County. If the County Commissioners decide on a simulcast system, this will provide another system if the Flemington tower should begin to weaken. The 11 radio frequencies that are licensed and available to the County are an extremely valuable asset worth millions of dollars. Without using a simulcast system, these frequencies could be lost to a commercial user. In closing, Mr. Fuller pointed out the need to resolve this problem because the lives of police officers and fire fighters at the beach communities are at risk on a daily basis. In discussing ways to move forward more quickly with resolving the radio communications problem, County Manager O’Neal advised that he had contacted the Office of Congressman Mike McIntyre and a response was received with no specific funding being available. Commissioner Caster advised that Representative McIntyre might be able to assist the County in deliberations with the U. S. Coast Guard regarding the Loran tower. County Manager O’Neal advised that he would contact Representative McIntyre about the possible use of the Loran Coast Guard Station. UPDATE ON RECENTLY COMPLETED COUNTY-WIDE ADDRESS COLLECTION PROJECT Mr. Mike Arkinson, GIS Coordinator in the Information Technology Department, presented an overview of the county-wide address collection project. He reported that New Hanover County purchased a new 911 computer system known as Open Software Solutions, Inc. This software required installing a roadway network be constructed of all roads throughout New Hanover County. In order to create the network, each road segment was coded with a street name and address range. Based upon the length of the street and the appropriate address range, a specific location could be found. This generalized method was fine, but if an address was incorrectly coded in the City of Wilmington or New Hanover County systems, these calls would be dispatched to wrong locations. In order to correct this problem, the IT Department moved from the network model to a point specific model to provide the exact location. Examples were shown of the difference in the two models. The objective of the new model is to collect GPS location and address information for every structure in New Hanover County. The time frame NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, NOVEMBER 17, 2003PAGE 843 was six months and the cost of the project was $130,000. The engineering firm of McKim and Creed was selected to collect the information. The project began on January 1, 2003 and ended July 31, 2003. The project was completed within budget, and it was found that some homes and structures did not have addresses. These addresses have been added, and the GPS software will be continually updated as new structures are built throughout the County. The Inspections Department now has a cell phone with GPS capability and can provide the exact location of a new structure and feed this information into the system. The Countywide address system allows GPS to assist with many projects, such as the recent figures needed to accurately show what homes were serviced by the three major hauling companies. This information enabled Staff to redesign and redraw small areas with more customers for each waste hauler. This is just one example how this information can be used. Chairman Davis asked if any member of the Board would like to comment. Hearing no remarks, Chairman Davis expressed appreciation to Mr. Arkinson for an informative presentation and excellent work performed by the IT Department. PRESENTATION ON MULTIPLE RESPONSE SYSTEM FOR THE DELIVERY OF SERVICES TO FAMILIES Director of Social Services LeVaughn Nesmith introduced Ms. Phyllis Gorham, Chairman of the Board of Social Services, and requested her to make the presentation. Ms. Gorham reported that the Multiple Response System is North Carolina’s new approach to child protective services by allowing more than one response to initial reports of child abuse or neglect. The states of Missouri, Minnesota, South Carolina, Virginia, Louisiana, Florida, Washington and Michigan have implemented and tested the Multiple Response System which is proving to be successful. The proposed system allows Child Protective Service Workers to assist families without a formal determination of abuse or neglect. Providing multiple responses instead of one approach will allow the Department of Social Services to perform a better job of preventing child abuse or neglect. This will allow families to see the Department of Social Services as a partner and friendly resource in the community. It is important to recognize that each family has different needs, and these needs must be approached with different responses. In closing Ms. Gorham stated that if the community comes together to assist these families, there will be a stronger family unit and safer environment for the children living in New Hanover County. Director Nesmith reported that every family deserves respect and the right to be heard. Families need to be reviewed before judgements are made. Partnering and sharing the power is the answer. With diverse families, one approach cannot be used. The new approach is a team concept involving the family, the community and faith based community in the service delivery. If the family is involved in the reunification, it is felt that the children will be able to stay with their families. The safety of the child will be the first concern of the Department of Social Services, but the differences in the new approach will be educating and sharing the decision with the partnership. It will take a year to totally implement the new approach. Director Nesmith offered to answer questions. Commissioner Pritchett asked if more personnel would be needed in the Department of Social Services to implement the new program. Director Nesmith responded that an effort will be made to implement the program with the existing Staff. Ms. Julia Talbutt, Senior Attorney for the Department of Social Services, advised that Staff was enthused about the new program because they would be creating a change that will benefit the children, families and social workers. On behalf of the Board, Chairman Davis expressed appreciation to Director Nesmith and Ms. Gorham for an informative presentation. MEETING RECESSED FOR LUNCH Chairman Davis recessed the meeting for lunch at 12:30 p.m. Chairman Davis reconvened the meeting at 1:08 p.m. MEETING CONVENED FROM REGULAR SESSION TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Davis convened from Regular Session to hold a meeting of the New Hanover County Water and Sewer District at 1:09 p.m. Chairman Davis reconvened to Regular Session at 1:16 p.m. COMMITTEE APPOINTMENTS Appointments to the Plumbing Board of Examiners Chairman Davis announced that two vacancies needed to be filled on the Plumbing Board of Examiners, in the categories of Journeyman Plumber and Master Plumber. He reported that two applications were received with one current member, Tim Fuller, in the Journeyman Plumber category, desiring reappointment. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, NOVEMBER 17, 2003PAGE 844 Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to reappoint Tim Fuller to serve a 3- year term on the Plumbing Board of Examiners in the Journeyman Plumber category, and to appoint Michael Burdette to serve a 3-year term in the Master Plumber category, with both terms to expire December 1, 2006. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the Zoning Board of Adjustment Chairman Davis announced that one vacancy needed to be filled on the Zoning Board of Adjustment. Six applications were received, with two applicants, Carmen Vincent Gintoli and Michael S. Jones, being current alternates on the Board of Adjustment. He informed the Board that if an alternate is appointed as a regular member, a new alternate will need to be appointed. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Greer, to appoint Michael Jones, a current alternate, to serve a 3-year term on the Zoning Board of Adjustment with the term to expire December 1, 2006. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis opened the floor to receive nominations to fill the alternate position. Vice-Chairman Greer nominated Brian C. Eckel to serve as an alternate member. The nomination was seconded by Commissioner Caster. Commissioner Pritchett nominated Clayton Summers to serve as an alternate member. The nomination was seconded by Commissioner Boseman. There being no further nominations, Chairman Davis declared the nominations closed. He called for a vote on the nomination of Brian C. Eckel to serve as alternate member on the Zoning Board of Adjustment. Vote: Upon vote, the Board voted 3 to 2 to appoint Brian C. Eckel to serve as an alternate member on the Zoning Board of Adjustment with the term to expire on December 1, 2006. Chairman Davis, Vice-Chairman Greer, and Commissioner Caster voted in favor of the nomination. Chairman Davis requested the Clerk to the Board to notify Mr. Jones and Mr. Eckel of their appointments to the Zoning Board of Adjustment. 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 ADDITIONAL ITEMS Additional Items Presented by Commissioner Nancy Pritchett The following items were presented by Commissioner Pritchett. 1. Commissioner Pritchett expressed sympathy to the family of Allen Golden, the former Assistant Superintendent of the Inspections Department, and to the family of Rose Ann Mack, and stated that the death of these individuals was a great lost to the community. 2. Commissioner Pritchett advised that she attended the Relay for Life Kick-Off Breakfast, a major fund raiser for the Cancer Society, and stated that the Sheriff’s Department had been extremely active in raising funds each year. She encouraged participation from other County departments and challenged the City to join in the fund raiser. 3. Commissioner Pritchett advised that she worked at the Hazardous Waste Household Collection Day held on November 15, 2003, in the parking lot adjacent to Trask Coliseum and reported that the event was quite successful. It was estimated that 1,000 vehicles came through the lines representing 1,300 to 1,500 households. Approximately 72 tons of paint were collected, one-third of a tractor trailer filled with old computers and electronics, approximately 400 car batteries, 984 gallons of waste oil, 330 gallons of anti-freeze, two pick-up loads of pesticides, solvents, fluorescent light tubes, tires and mercury. Appreciation was expressed to the volunteers who participated in the event, which hopefully will become an annual event. Additional Items Presented by Commissioner Caster The following items were presented by Commissioner Caster: 1. Commissioner Caster reported that Chairman Davis and he attended the Veterans Day Ceremony at the National Cemetery and the Massing of the Colors at St. Paul’s Episcopal Church. He stated that both events were excellent. 2. Commissioner Caster reported that a North Carolina Shore and Beach Preservation Association meeting was held on Thursday and Friday which was well attended by the beach communities up and down the coast. He advised that Ms. Mary Ellen Stevens-Simmons, Administrative Assistant for Representative McIntyre, was present and stated that he had an opportunity to discuss the following issues with her: (1) support for beach nourishment projects, (2) the 800 MHz problem in the southern part of the County and the possible use of the Loran Coast Guard tower; and (3) the proposed No Wake Zone at Snow’s Cut. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, NOVEMBER 17, 2003PAGE 845 3. Commissioner Caster reported that Commissioner Pritchett and he attended Westfield Works Wonders Day at the Mall and stated that Ms. Pritchett read the proclamation adopted by the Board of County Commissioners. He advised that the event was well attended and enjoyed by all. Additional Items Presented by Commissioner Boseman The following items were presented by Commissioner Boseman. 1. Commissioner Boseman informed the Board that the CEO Search Committee for the Medical Center had narrowed the candidates to two finalists for the position. The applications received were excellent and the Committee felt that either of the two candidates selected would be an excellent choice. 2. Commissioner Boseman asked if any discussion had been held with First Baptist Church about the use of the Law Enforcement Center. Chairman Davis advised that he met with Pastor Mike Queen about the use of the Law Enforcement Center and stated that nothing definitive was discussed. He noted that another meeting was scheduled to further discuss this issue. 3. Commissioner Boseman expressed concern for new development that will occur in the County when the joint City/County Wastewater Treatment Plant expansion is completed. She asked if stormwater runoff would be addressed before development occurs. Assistant County Manager Weaver explained that under the relatively new Drainage Ordinance, there are restrictive regulations on new development; therefore, stormwater runoff should not be a problem with completion of the expanded wastewater treatment plant. County Manager O’Neal advised that an informational report on the Drainage Ordinance regulations would be placed on a future agenda 4. Commissioner Boseman asked what it would cost the County to place a transfer station at the WASTEC Facility to haul some waste out of the County to preserve the Landfill. County Manager O’Neal advised that he would be glad to investigate the cost and report back to the Board in January. Commissioner Pritchett advised that she would never support carrying waste out of the County. ADDITIONAL ITEMS - COUNTY MANAGER County Manager O’Neal reported that he attended the Military Summit at Fort Bragg regarding the closing of military bases throughout the country. He advised that Congressman McIntyre and Congressman Robin Hayes attended the summit. The major concern was about bases closing in North Carolina. He advised that he would keep the Board informed about any action taken. County Manager O’Neal advised that Mr. Donald Sullivan had to leave the meeting before the Non-Agenda Items and requested him to provide a letter and video to each Commissioner regarding illegal immigrants. MEETING CONVENED FROM REGULAR SESSION TO CLOSED SESSION Chairman Davis advised that the Board has been requested to call a Closed Session pursuant to N.C.G.S. 143- 318.11(a)(3) for consultation with the County Attorney regarding a pending legal matter. He requested all persons not involved with the issue to leave the room. Chairman Davis called for a motion to convene to Closed Session. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to convene to Closed Session for the purpose stated. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis convened from Regular Session to Closed Session at 2:30 p.m. Chairman Davis reconvened to Regular Session at 3:30 p.m. He reported that no action was taken in the Closed Session when discussing the pending legal issue. ADJOURNMENT Chairman Davis called for a motion to adjourn the meeting. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis adjourned the meeting at 3:32 p.m. Respectfully submitted, Lucie F. Harrell Clerk to the Board