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2002-06-03 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JUNE 3, 2002 PAGE 205 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, June 3, 2002, 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 Deputy County Manager Andy Atkinson gave the invocation. Commissioner Pritchett 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. Commissioner Caster requested removal of Consent Agenda Item 3 for discussion. Vice-Chairman Greer requested removal of Consent Agenda Item 4 for discussion. Commissioner Caster referenced Consent Agenda Item 3, Rules for Major Events Held in County Parks, and requested Staff to be sure that the language in Section 8 was correct. He noted that the example shown did not correctly reflect the number of law enforcement officers required for an event of 400 people. County Manager O’Neal stated that he would check with the Parks Director to be sure the section is correctly written before implementing the policy. Vice-Chairman Greer referenced the Board of Education Budget Amendment under Consent Agenda Item 4 and asked why the budget amendment showed a $2 million reduction in funding to the schools. Budget Director Cam Griffin explained that the Commissioners are being requested to acknowledge the Board of Education’s budget amendment reducing the County’s FY 2001-2002 contribution by $2 million due to the current year’s budget situation. She assured the Board that County funding in the recommended FY 2002-2003 budget is the same amount of County funding that was provided to the School System in FY 2001-2002. After hearing no further comments, Chairman Davis called for a motion to approve the Consent Agenda. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved minutes of the following meetings as presented by the Clerk to the Board: Board of Equalization & ReviewMay 6, 2002 Closed SessionFebruary 4, 2002 Closed SessionFebruary 18, 2002 Closed SessionMarch 25, 2002 Closed SessionApril 15, 2002 Closed SessionMay 6, 2002 Approval of Request from New Hanover Transportation Services to Apply for a Job Access Reverse Commute Continuation Grant The Commissioners approved a request to apply for a Job Access Reverse Commute Continuation Grant from the Federal Transit Administration to provide employment transportation to Work First and low income persons for FY 2002 and FY 2003 in the amount of $244,000 per year. Grant monies will be used to increase hours of transportation operation, extend the Blue Line general purpose fixed routes, build on existing van routes, and concentrate on employment transportation for persons with disabilities. Approval of Rules and Fee Schedule for Major Events in County Parks The Commissioners approved Rules for Major Events in County Parks to provide a consistent set of guidelines to be followed by persons planning events in County parks. The major change is a significant increase in fees charged for staging events. The effective date of the policy will be July 1, 2002. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JUNE 3, 2002 PAGE 206 A copy of the New Hanover County Parks Department Rules for Major Events is on file in the Parks Department. Acknowledgment of School Board Budget Amendment The Commissioners acknowledged receipt of the New Hanover County Board of Education's budget amendment which reduces the County's FY 2001-2002 contribution by $2 million. This budget amendment was approved by the Board of Education on May 6, 2002. The County reduced the contribution due to the budget shortfall. Approval of Budget Amendment #2002-41-Sheriff-Controlled Substance Tax The Commissioners approved the following budget amendment: AdjustmentDebitCredit Controlled Substance Tax$23,835 Other revenue-proceeds from auction $ 1,900 Extended Project Expense$25,735 Explanation : To increase the budget for additional revenue received 4/15/02, 4/29/02 and 5/15/02. Controlled Substance Tax funds are budgeted as received and must be used for law enforcement activities as deemed necessary by the Sheriff. Approval of Budget Amendment #2002-42-Sheriff-Federal Forfeited Property The Commissioners approved the following budget amendment: AdjustmentDebitCredit Federal Forfeited Property$ 9,554 Other Revenue-proceeds from auction$13,375 Extended Project Expense$22,929 Explanation: To increase the budget for additional revenue received. Federal Forfeited Property funds are budgeted as received and must be used for law enforcement activities as deemed necessary by the Sheriff. The amendment also increases the budget for proceeds received from the auction. Approval of Budget Amendment #02-0195-Human Service Transportation The Commissioners approved the following budget amendment: Budget Amendment #02-0195-Human Service Transportation AdjustmentDebitCredit Contributions from Transportation Agencies$150,000 General Public Allocation$ 20,000 Contracted Services$150,000 Contracted Services - General Public Transportation$ 20,000 Explanation : To increase the budget for anticipated excess revenues generated from agencies using the service. The excess revenue will cover payments to Progressive Transportation through June, 2002. To increase the budget for additional funds received from the NCDOT for General Public Transportation. PRESENTATION OF DISTRIBUTION OF AVAILABLE ABC REVENUE Mr. Billy Williams, Administrator of the ABC Board, reported on the profit made by the ABC Board with some additional money received from the sale of a store and presented a check in the amount of $577,860 to New Hanover County. On behalf of the Board, Chairman Davis graciously accepted the check and expressed appreciation to Mr. Williams and the ABC Board for the outstanding operation of the ABC Board. Vice-Chairman Greer congratulated Mr. Williams and his staff for ranking second in the State of North Carolina for the profit generated and stated New Hanover County is fortunate to have this type of leadership. Discussion followed on how the additional revenue should be used. After discussion, Commissioner Pritchett suggested earmarking this money to be used for finding a permanent location for departments in the Annex Building. Motion: Chairman Davis MOVED, SECONDED by Commissioner Caster, to appropriate the additional ABC revenue in the amount of $577,860 to a General Fund Account for the purpose of developing a permanent housing solution for departments in the Administrative Annex Building. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis requested staff to proceed with preparing a recommendation on options to consider for selling the Annex Building, demolishing the building, or selling the lot. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JUNE 3, 2002 PAGE 207 County Manager O’Neal advised that Staff was already analyzing the options and a recommendation will be presented to the Board. The actual relocation of departments from the Annex Building to the third floor of the Main Library will be made in August. Discussion followed on whether some type of permanent solution, such as leasing with an option to purchase, could be found before August. County Manager O’Neal advised that all options explored would cost more than the move to the Library. Vice-Chairman Greer requested the County Manager to provide a progress report on the cost and change orders required to move departments in the Annex Building to the Main Library. NAMING OF JUDICIAL BUILDING ANNEX Deputy County Manager Atkinson reported that Vice-Chairman Greer recommended naming the new Judicial Building Annex in honor of W. Allen Cobb. A rendering was presented of the plaques to be placed on the cornerstone of the Judicial Building Annex, the interior of the building, and entrance to the landscaped area of the Judicial Annex Building. He advised that Superior Court Judge W. Allen Cobb, Jr., was present and would like to speak on behalf of his family. Judge Cobb spoke on being humbled by the benevolent action taken by the Board of County Commissioners in naming the Judicial Building in memory of his father. He noted that merely saying thank you seemed inadequate to express the family’s true gratification. In closing, Judge Cobb noted that his father worked for over 50 years in the Historic Courthouse, the 1924 Courthouse and the 1982 Judicial Annex. Many working in those buildings considered him as their mentor and his influence helped to develop the District’s current court system. Naming the annex after his father and perpetuating his memory seems entirely appropriate and the Commissioners have made the family very proud. Chairman Davis called for a vote to name the Judicial Annex Building. Motion: Vice-Chairman Greer MOVED, SECONDED by Chairman Davis, to officially name the new judicial expansion the William Allen Cobb Judicial Annex and to approve the plan presented for placement of plaques on the exterior and interior of the building. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO CONFIRM THE ASSESSMENT ROLLS FOR THE WILMINGTON HANBY/BEACH WATER AND SEWER PROJECT AS REQUIRED BY NCGS 153A-193 Chairman Davis announced that the Board will hear all persons who wish to address the assessment roll. At the Public Hearing held on April 16, 1999, persons to be assessed were given written notice of the special assessment, and a Public Hearing was held to address whether to proceed with the project and the method of assessment to be used. Those issues have been decided and cannot be revisited. The project is now complete and the Board determined the total project costs on May 20, 2002. Items discussed today will include whether there is an error in the assessment roll, such as mathematics, property footage or the number of taps charged. It is important for the interested parties to understand that some matters are not within the power of the Board to address. The Board has no authority under the General Statutes to reduce lot square footage by subtracting out the legal description of any area subject to easements. For example, no adjustment can be made for oceanfront lots subject to beach renourishment easements. Secondly, no adjustment is authorized to address CAMA setbacks and Corps of Engineers Wetland rules. Chairman Davis opened the Public Hearing and stated that the Finance Director would make a presentation followed by persons signed up to speak. He requested each speaker to limit their remarks to three minutes. Finance Director Bruce Shell presented a power point presentation showing a map of the Wilmington/Hanby Beach area water and sewer project that was constructed at the request of the Health Department because of concern for malfunctioning septic tanks and the poor quality of drinking water in the area. On March 16, 1996, the Board of County Commissioners approved the project with the cost determined on May 20, 2002, and the Public Hearing scheduled on June 3, 2002, to establish terms of payment and confirm the assessment roll. The total cost of the water and sewer project is $5,256,169. There are 1,147 parcels that will require mandatory hook-up for people with existing septic tanks within six months. After six months, the Town of Carolina Beach and Kure Beach will become the service and billing agents for the system. The assessment will be billed by New Hanover County pursuant to the square footage option outlined in the North Carolina General Statutes. When reviewing the three options in the General Statutes, the square footage method was chosen because many of the parcels were standard sizes, 50' x 100', which provided a more equitable way to assess the property owners. The cost to the average homeowner with a 5,000 sq. ft. lot with one water tap and one sewer tap per parcel calculates to an assessment of $4,161. Other costs for existing structures required by the beach towns are as follows: •$400 - $500 to collapse and fill in the septic tank •$500 - $1,000 for plumbing to connect to the system lines NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JUNE 3, 2002 PAGE 208 •$60 - Permit Fees by New Hanover County Inspections Department •$112.50 - Carolina Beach fees with a $75 refund after the first year The property owner can select one of the following assessment payment options: •Pay the assessment in cash or check. •Borrow the money from a bank. •Enter into a payment arrangement with the County to finance the assessment for 10 years at 6% with annual payments after the first year. The estimated average assessment is $4,161 with an annual payment of $534 or a monthly payment of $47. In order to assist the residents, the New Hanover County Inspections Department will set up an office in the Carolina Beach Town Hall to provide information, issue permits, and collect fees at the following times. The homeowner should be prepared to pay the fee or sign an arrangement to repay the assessment with the terms and rate of interest established by the Board of County Commissioners. •9:00 A.M. - 4:00 P.M. Thursday & Friday, June 6 & 7, 2002 •9:00 A. M. - 1:00 P.M., Monday & Wednesday, June 10 & 12, 2002 •12:00 Noon - 4:00 P.M., Friday, June 14, 2002 For above times only, cell phone (910) 512-0159 •Other times:Contact Carolina Beach at 458-8291 • Contact Kure Beach at 458-8216 In closing, Finance Director Shell offered to answer questions. Hearing no comments, Chairman Davis opened the floor to receive public comments. Mr. Maurice Raker, a resident 1512 Swordfish Lane, Kure Beach, NC, and former supervisor of a utility company for 38 years, expressed concern about the inefficient way the pipes were installed in the ground. The contractor would install a pipe along one-third of a road and stop instead of completing the road and going to the next road. Stubs were not placed as staked by the customers, which caused many residents to pay more for extra pipe. Very few inspections were made on the quality of work by the contractor, and when the grass was replaced it was full of rocks. The work by the contractor was not satisfactory, and it is difficult to understand why this project took two years to complete. Chairman Davis requested County Engineer Blanchard to meet with Mr. Raker later to respond to his questions and concerns. Mr. Vernon Byrd, a resident of 1722 Swordfish Lane, Kure Beach, NC, and owner of 3 lots on Swordfish Lane with his house located on the center lot, advised that in 1999, a letter was received from the County asking him to fill out where the water and sewer tap should be installed. He filled out the letter requesting one tap on the center lot and returned it to the Engineering Department. When water and sewer lines were installed, water and sewer taps were placed on both vacant lots which means that he will have to pay $4,142 per tap for lots that will never be used. Everybody involved will be paying a higher assessment with extra taps on the lots. He asked who decided to place extra taps on vacant lots. Chairman Davis asked Mr. Byrd if the lots could be used as separate building lots if they were sold. Mr. Byrd responded that he was not going to sell the lots in his life time; therefore, he could not use the lots. Chairman Davis requested County Engineer Blanchard to explain why taps were placed on vacant lots. County Engineer Blanchard explained that Staff met with the Town of Carolina Beach and Town of Kure Beach and it was determined to place taps on vacant lots to avoid having to tear up streets at a later date. This is the normal procedure used by local governments to save money in the future when installing water and sewer lines. The taps can be removed but the cost will be greater in the future. Chairman Davis called for Philip and Betty Herion, residents of 1412 Bow Fin Lane, Carolina Beach, to speak. Mr. and Mrs. Herion elected not to speak since their questions had already been answered. Mr. Harold Collins, a resident of 505 South Carolina Avenue, Carolina Beach, N.C., spoke on owning an inside lot between two streets, one a grass street, and stated that an extra tap was placed on this lot without his consent or knowledge. The lot was purchased to serve as a buffer between properties and it will remain in its natural condition; therefore, he does not feel he should have to pay $4,000 for a tap that will not be used. In closing, Mr. Collins stated that he felt it should be the responsibility of the buyer to pay for installing a tap on a vacant lot. The statement made by the County Engineer regarding tearing up streets to install taps is not true NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JUNE 3, 2002 PAGE 209 because taps are installed in the rights-of-way. He also noted that many residents of Wilmington/Hanby Beach do not understand why the cost for the project increased from $3.5 million to $5.3 million. It would be helpful to all parties involved if this question is answered. Ms. Tamsie Lynch advised that she and her husband live at 1515 South Lake Park Boulevard, Carolina Beach, which is located between Texas Avenue and South Ocean Boulevard. The property was purchased in 1994 and a home built on the lot in 1995. At that time, a decision was made to purchase five lots on the ocean, with four lots having street frontage. Three of the street frontage lots, (17, 18, and 19) were combined to be used as the site for their home. The house actually sits on lots 17 and 18, and lot 19 is a landscaped yard. Lots 4, 5, 6, 7, and 8 are all dunes that can never be provided utility services or built upon. A request was made for installing two taps, one for the private home (1515 South Lake Park Boulevard) and the other on lot 16 (1513 South Lake Park Boulevard). In closing, Ms. Lynch strongly objected to having to pay property taxes on land that can never be provided water and sewer services due to county laws, town laws, and U. S. Army Corps of Engineers regulations regarding the CAMA line. She respectfully requested the Commissioners to be fair and assess them only on what land can be used. Ms. Jeanne Ray, 1311 Searay Lane, Carolina Beach, NC, spoke on working for six years in the Tax Office and said the sewer project was in process for many years and she asked why grant money was not available to pay for providing water and sewer to Wilmington/Hanby Beach. Letters were written to state and federal representatives seeking grant funds to assist with payment of the utility services. A response was received from Senator Jesse Helms saying that a section through the Wilmington/Hanby Beach area was considered to be rural and grant funding should be available. After receiving the letter, contact was made with Mr. Bruce Shell informing him about the possibility of funding. Senator Ballantine visited the area and understood that many of the people could not afford to pay for the project. In closing, Ms. Ray requested an explanation of why grant funding was not found for the project. Chairman Davis requested Finance Director Shell to comment on grant funding for the project. Finance Director Shell advised that discussion was held with Senator Ballantine, Senator Marc Basnight, and other agencies about funding for the water and sewer project. At one time, there was a limited amount of grant money available; however, when the project was established by the Board on August 16, 1999, the funding was no longer available. Mr. John Balestrine, the owner of property at 1114 Bow Fin Lane, Carolina Beach, NC, spoke on being opposed to the annexation by the Town of Carolina Beach and stated that he felt the cost for the sewer was high. He noted that sewer was provided by the County to Rogersville Road for less than $1,000 per lot. The cost for the water is extremely high, and it would be logical for the Town of Carolina Beach to pay this bill since taxes are paid on the property. The cost of $4,100 per lot for the provision of sewer is high and the interest rate of 6% on the assessment repayment to the County is high. He requested the Board to look into the cost of the project. Ms. Wanda Tsangarides, owner of a lot located at 1217 Mackerel Lane, Carolina Beach, NC, stated that out of 1,147 lots, her lot was the only lot with a 5-foot ditch running straight through the middle of the parcel. Unless this ditch is moved, the lot cannot be sold or used as a site for a future home. She expressed concern for being assessed over $4,000 for a useless lot and requested the Commissioners to see if the ditch could be moved and placed along the property line. Chairman Davis requested County Engineer Blanchard to comment on the concern expressed by Ms. Tsangarides. County Engineer Blanchard responded that he had discussed this issue with Ms. Tsangarides and advised that contact should first be made with the Town of Carolina Beach and then the U. S. Army Corps of Engineers to see if the ditch can be moved. The drainage ditch has been in place for a number of years. Once a decision is rendered by the appropriate beach town and Corps of Engineers, the ditch can probably be moved. Vice-Chairman Greer objected to charging people an assessment for an unusable lot and suggested designating the County as the lead agency to help the residents with contacting the Corps of Engineers and other agencies to resolve situations of this type. County Manager O’Neal suggested allowing the homeowners to contact the appropriate town since Wilmington/Hanby Beach has been annexed by the Town of Carolina Beach and the Town of Kure Beach with different regulations and ordinances that must be followed. He offered to meet with each town and provide the information necessary when these issues are being reviewed. Ms. Theresa Pulley, owner of two lots located at 1001 North Fort Fisher Boulevard, Kure Beach, NC, reported that when the County started the project, all homeowners received a letter and form to show where taps were to be placed on one or more properties owned in the area. The form was filled out and returned to the County; however, it appears that a meeting was held with the towns of Carolina Beach and Kure Beach who made the decision to place taps on vacant lots. The residents would not be so disgruntled if better communication had occurred among all parties, and the water and sewer construction had not taken three years to complete. This is an example of where the residents were not kept informed and did not have answers to their questions during the process. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JUNE 3, 2002 PAGE 210 Mr. Edwin Lamb, owner of a lot 50' x 50' located at 1614 Lake Park Boulevard, Carolina Beach, NC, stated that he is being requested to pay an assessment of $5,000, which includes another lot that he does not own. He expressed concern for not receiving a grant to help assist the residents with paying the assessment. Mr. Charles Mullen, a resident of 315 Harper Avenue, Carolina Beach, and a property owner of vacant lots at Carolina Beach, Wilmington Beach, and Hanby Beach, spoke on the inefficiencies of the contractor which delayed the project and stated to charge a 6% interest rate was too high when the bank pays only 2% on a checking account and 2% on money management accounts. The residents can obtain home equity loans at 4.75%; therefore, the County Commissioners should lower interest rate to assist the residents with repayment of the assessment. County Engineer Blanchard informed the Board that every effort was made to place taps on lots as indicated on the forms received from the property owners. A few taps were incorrectly located and these taps have been changed if the tap was unreasonably out of place. Mr. Jack Reynolds, a resident of 116 Myrtle Avenue, Kure Beach, NC, expressed concern for the damage to his driveways and stated when the project began, he was told that the driveways would be replaced in the same condition. He asked who to contact about the manner in which the driveways were replaced. Chairman Davis requested Mr. Reynolds to contact the County Engineer Wyatt Blanchard. Mayor Ray Rothrock, representing the Town of Carolina Beach, expressed appreciation to the Board of County Commissioners and staff for the excellent job performed with installing water and sewer lines to Wilmington/Hanby Beach. Several years ago, raw sewage was flowing from septic tanks on the ground into ditches and into the groundwater at Wilmington/Hanby Beach. A moratorium was placed on use of the water system and there was little water pressure. The system installed by the County has removed the sewerage overflow from the ground and provided good drinking water with sufficient water pressure to fight fires, which will reduce homeowner insurance premiums for the property owners. In closing, Mayor Rothrock informed the Commissioners and residents of Wilmington/Hanby Beach that the Town of Carolina Beach did not have money available to assist residents with payment of the assessments. He noted that when he moved back to Pleasure Island and purchased some property at Carolina Beach without a street, water line or sewer line to the lots, he was told that he would have to pay assessments in the future. He paid the assessments and later sold the lots for a profit after deducting the assessments from the price received from selling the lots. Chairman Davis closed the Public Hearing and noted that several years ago, the residents of the Wilmington/Hanby Beach area requested help from the County because they were in a desperate need of water and sewer. The Commissioners worked with the beach communities and decided to fund the water and sewer project upfront with repayment by the property owners through assessments. He stated that unfortunately some problems have been experienced and he suggested authorizing the County Engineer to contact each person that spoke to see if any adjustments can be made within the regulations. Commissioner Boseman asked who was the contractor and why did the estimated cost change from $3.5 million to $5.1 million. County Engineer Blanchard responded that T. A. Loving was the contractor for the Carolina Beach portion (Wilmington Beach) and Atlantic Construction was the contractor for the Kure Beach portion (Hanby Beach). The engineering firm of Engineering Services, Inc. estimated the project cost at $3.5 million; however, the actual bid for the project was $5.1 million. Commissioner Boseman asked how much the County paid Engineering Services, Inc. County Engineer Blanchard responded that Engineering Services, Inc. was paid $271,197, which was a low fee for the overall scope of the project because some of the preliminary work had already been done. The Town of Carolina Beach uses Engineering Services, Inc. and staff felt it would save money to use the same firm. Chairman Davis requested the Finance Director to explain the meaning of an assessment roll. Finance Director Shell reported that the assessment role is a listing of the 1,147 parcels that identifies the owner, map number, address, and square footage. Costs have been broken into water costs, sewer costs, and taps. The assessment is a detailed analysis of all costs and shows the pro-rata share for each individual’s parcel. The preliminary assessment for a standard lot 50' x 100' is the preliminary assessment. A lengthy discussion was held on whether certain lots could be exempt from having to pay the assessment. Deputy County Attorney Kemp Burpeau advised that North Carolina General Statutes do not address any authorization for an exemption for an easement, if you are using the square footage formula. If a lot cannot be used for building, there is no authorization in the General Statutes to exempt the property from the assessment. Vice-Chairman Greer objected to placing a tap on an unbuildable lot and suggested adjusting the costs to reflect NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JUNE 3, 2002 PAGE 211 these numbers. Commissioner Pritchett stressed the importance of understanding the difference between a lot that can be built upon and a lot that someone intends to build on. The only lots that should qualify for exemption are lots that cannot be built upon. Deputy County Attorney Burpeau noted that if an individual had notified the County that a lot was unbuildable and a tap was placed on the lot, the Board would have discretion to address this issue. Chairman Davis expressed concern for establishing the assessment roll if some lots become exempt since this action will increase the assessment for the other property owners. Vice-Chairman Greer stressed the importance of being fair to the property owners with unbuildable lots and suggested leaving the assessment as calculated with the County covering the additional cost for any lots exempted. After a lengthy discussion on waiting two weeks to receive more information before confirming the assessment roll, County Manager O’Neal suggested setting up a period of time for appeals to occur with staff reporting to the Board on the number of appeals. He spoke on the importance of the residents understanding that the assessment fee may be higher if some of the lots are unbuildable and stated this difference must be paid through the assessment as required by North Carolina General Statutes. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to establish an appeals process beginning June 17, 2002, and ending on July 17, 2002, at 5:00 P.M. to allow any property owner to apply for an exemption to County Engineer Wyatt Blanchard with proper documentation in support of why a particular lot is unbuildable. The Board will receive a recommendation on appeals to come before the Board of County Commissioners on August 5, 2002. Vice-Chairman Greer expressed concern for referencing only unbuildable lots in the motion and stated that many property owners are concerned about incorrect placement of the taps or mistakes; therefore, the motion should be to establish an appeals process. Commissioner Caster responded that he felt the incorrect placement of a tap should be an administrative procedure, not an appeal. He requested the minutes to reflect that County Engineer Blanchard has been authorized to take care of administrative errors or mistakes made in the placement of taps. Chairman Davis called for a vote to approve the motion. Upon vote, the MOTION CARRIED 4 to 1. Vice- Chairman Greer voted in opposition. A lengthy discussion was held on whether to open the office at Carolina Beach until the exact assessment had been determined for each property owner. Mayor Rothrock spoke on the number of people waiting to receive building permits and he urged the Board to open the office and issue permits as previously scheduled. Finance Director Shell advised that an office can be opened with issuance of building permits if the property owners are willing to sign an acknowledgment form committing to payment of the exact assessment once the final figure is calculated. He also noted that legally the County can place a lien on property if the assessment is not paid. After further discussion, Staff was directed to open the office at Carolina Beach as planned. BREAK Chairman Davis called a break 7:30 P.M. until 7:48 P.M. PUBLIC HEARING TO REVIEW RECOMMENDED FUNDING WITH SPECIFIC ORGANIZATIONS AND ON FY 2002-2003 RECOMMENDED BUDGET County Manager O’Neal reported that New Hanover County Schools, Cape Fear Community College and the Health Department have been informed about the proposed County funding for the FY 2002-2003, and all non-county organization are aware that no funding has been recommended in the budget for their organizations. Chairman Davis opened the Public Hearing and requested the representatives from the New Hanover County School System to speak. FY 2002-2003 New Hanover County School System Budget Presentation Mr. Edward B. Higgins, Chairman of the New Hanover County Board of Education, presented a brief report on the status of the New Hanover County School System and advised that the gap between the minority and white students is rapidly closing. Test scores are improving, and the minority students are progressing faster than white students. The SAT scores now exceed the national average. The School System is in the process of opening a new Pre- K Center and an elementary school, middle school, and high school have been opened this year. In the fall, students will return to New Hanover High School and Williston Middle School. The Board of Education is aware of the County’s budget problems and a funding request for the same amount as received in FY 2001-2002 has been presented by the Board of Education for FY 2002-2003. He urged the Board to NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JUNE 3, 2002 PAGE 212 understand that a dollar spent on education is a dollar saved from being spent on welfare and incarceration in the future. Finance Director Mary Hazel Small presented the following breakdown of funding into categories: Current Expense$47,411,979 Capital Outlay 3,003,894 School Pension Fund 750,000 Total$51,195,873 Funding Received: Federal Government 9% State of North Carolina59% New Hanover County32% Other (fines, interest income, etc.) 3% During the next fiscal year, federal funding should increase 25% because of the No Child Left Behind legislation; however, this funding cannot be used to offset budget cuts because of supplanting rules. State planning allotments are expected to be cut from 2% to 8% over the next four weeks. These percentages represent State budget cuts ranging from $1.8 million to $7.2 million. While no additional funding is being requested from the County for the next fiscal year, there are existing needs. In order to compensate for the loss of funding, programs have to be reduced, the School Fund Balance appropriation has been reduced, and locally funded classroom supplies and staff development have been reduced by 50%. Ms. Nancy Wiggley, Chairman of the Finance Committee for six years, spoke on the budget process being quite different and stated that the major problem is not knowing how much money will be received from the State. Once this information is available, the Commissioners will be informed. Ms. Wiggley expressed appreciation to the Board of County Commissioners for support of the schools and stated that a great deal of progress has been made in construction of new school buildings and renovations of older schools. She stated that members of the Board of Education understand the position of the County and will make the necessary adjustments to operate under the funding recommended by the County Manager. Commissioner Boseman asked if the traffic circle was included as part of the improvements to Ogden Elementary School. Mr. George W. Hance, Jr., Assistant Superintendent of Operations, responded that no funds have been included in the budget process until more is known about State funding; however, the traffic circle is on the list of capital projects to be discussed. On behalf of the Board, Chairman Davis expressed appreciation to the members of the Board of Education, Administrative Staff, and employees for the leadership and effort given to provide the children in New Hanover County with a good educational system. FY 2002-2003 Cape Fear Community College (CFCC) Budget Presentation Dr. Eric McKeithan reported that two years ago, a budget request was made to the Board of County Commissioners for $3.4 million and the Board graciously approved $3.1 million. Last year, a budget request was made for $3.7 million and the Board appropriated $3.1 million. With 32% more space to operate, a 12% increase in enrollment, 14% increase in basic skills programs, and 25% increase in occupational extension programs, a budget request has been submitted in the amount of $4.1 million. The major expense during the next budget year will be moving to the North Campus, and funding is needed to operate this additional space. The County Manager has recommended a budget appropriation of $3.77 million for operating expenses. The CFCC Board of Trustees and Administrative Staff will make every effort possible to operate within the recommended budget. In closing, Dr. McKeithan expressed appreciation to the Board for continued support of CFCC in a difficult budget year, and stated that County funding will be fully utilized to provide educational programs to the citizens of New Hanover County. Mr. Robert Rippy, Chairman of the CFCC Board of Trustees, expressed appreciation to the Board and County Administrative Staff for the support given to this educational facility. When students graduate from CFCC, it is rewarding to see many people who did graduate from high school have the necessary skills to find good jobs and earn enough money to live successful lives. He requested the Board to approve the funding recommendation by the County Manager. Chairman Davis, on behalf of the Board, expressed appreciation to Dr. McKeithan and the Board of Trustees for the leadership that has made CFCC such an exceptional educational facility. FY 2002-2003 New Hanover County Health Department Budget Presentation Ms. Gela Hunter, RN representative and present Chairman of the New Hanover County Board of Health, NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JUNE 3, 2002 PAGE 213 advised that her experience in public health began in 1973 as a employee with the New Hanover County Health Department for nine years. As a member of the Board of Health and working in the private sector, she would like to provide her perspective on needs of the Health Department. The Board of Health and Administrative Staff are aware of the budget constraints and feel the Board of County Commissioners should know what changes are occurring at the Health Department to accommodate the budget cuts in terms of health protection and disease prevention: •The women and children who choose to obtain services at the Health Department will be affected. Nutrition counseling has been reduced, family planning evening clinics have been eliminated, and education programs have been decreased that are normally provided at clinics, schools and other organizations. Case loads for child services coordinators have increased thereby allowing for a decreased quality of care. The dental health program has been affected by a loss of staff and funding. •The Communicable Disease Division projects nearly $120,000 in lost revenues next fiscal year because of a reduction in services. These reductions have been made to accommodate the loss of staffing for the evening clinics offering immunizations, TB screening, and HIV counseling and testing. STD clinic time has also been reduced. An effort has been made to transfer some services to other staff members and utilize persons as necessary to meet clerical needs. The outreach program to the at-risk population for identification of early tuberculosis has been eliminated. •Environmental Health is finding it increasingly difficult to keep up inspections with their limited staff. The frequency with which it normally inspects restaurants and other eating establishments is being reduced. The inspection of child care facilities, schools, nursing homes, etc. have also been reduced. To continue to respond to complaints in regard to water quality and vector control in a timely manner seems to have reached an impasse. With the present resources, residents can expect less control measures, such as mosquito spraying throughout the county. •Animal Control Services is no longer open on weekends. Hours of operation have been reduced and there is no field coverage for evenings and weekends. The prevention measures gained will be lost with these reductions in services. In closing, Ms. Hunter stated with federal mandates, it will be difficult to meet these needs with a further reduction in staff, particularly nurses. In spite of these changes, staff at the Health Department will rally to continue to provide the highest quality of services and carry out the motto of the Health Department, which is “Your Health is Our Priority”. On behalf of the Board, Chairman Davis expressed appreciation to Ms. Hunter and Health Director David Rice for the effort given to provide health care to our citizens. BUDGET REQUESTS FROM NON-COUNTY AGENCIES Chairman Davis advised that due to the length of the agenda, each agency would be limited to three minute presentations. FY 2002-2003 Coastal Horizons, Inc. Budget Presentation Ms. Margaret Weller-Stargell, President and CEO of Coastal Horizons Center, Inc., expressed appreciation to the Board for the financial support given to the Coastal Horizons Center for the past 20 years. Coastal Horizons is a partner with New Hanover County in providing services to the community, and the Board is being requested to maintain funding to continue these services. Ms. Amy L. Feath, Director of Crisis Intervention Services, spoke on services provided by Crisis Line Hot Line, Open House Emergency Youth Shelter, and the Rape Crisis Center and stated that each service is vital to the women, men and children living in the community and is a one-of-a-kind service that is not duplicated by another agency. Without continued funding from the County, these programs cannot survive and the community will suffer. Over the last three years, Crisis Line Hot Line provided crisis intervention for more than 10,000 hot line and walk-in clients. Over the past three years, Open House provided an access of over 4,000 days of emergency shelter for 367 youth ages 8 to 17 with 40% of the youth placed in the shelter by the New Hanover County Department of Social Services. Over the last three years, Rape Crisis served over 2,500 rape victims and their families with children under the age 18. In the past 30 days, over 251 days of emergency shelter have been provided for 28 youth, and Rape Crisis has provided services to 44 new victims. In closing, Ms. Feath requested the Board to fund the vital services offered by Coastal Horizons, Inc. FY 2002-2003 Elderhaus Budget Presentation Ms. Linda Pearce, Executive Director of Elderhaus, advised that Elderhaus provides comprehensive day time services to mostly elderly adults at two locations, the Greenfield Lake facility and Porters Neck facility. Elderhaus has received funding from New Hanover County since 1984 and is one of many partner agencies that help to improve the quality of life for its citizens. Every agency is aware of the problems being experienced with the County budget for the past two years, but to decide not to fund any non-county agencies will only increase the needs of our citizens. Elderhaus as well as other agencies are operating on a razor thin budget. More services are being provided and staff is stretched NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JUNE 3, 2002 PAGE 214 to the limit. County funding represents 20% of the Elderhaus budget and these funds are needed to continue the services provided. Ms. Pearce concluded the presentation by showing figures on dollars spent by the County on Medicaid costs over the past 10 months. As of April 30, 2002, the County has spent over $800,000 supplementing the cost of Medicaid beds for indigent residents in nursing homes, approximately $200,000 for Medicaid beds in rest homes, and $800,000 in special assistant funds which is approximately $2 million over a 10-month period. Elderhaus provides care for 65 elderly persons with one-third eligible for nursing home services and the remaining clients eligible for rest home services. Elderhaus is able to provide day care services and allow these clients to remain in their homes. This agency is a pragmatic solution to a growing problem, and it makes good sense for the County to fund Elderhaus and save money on Medicaid costs. Ms. Pearce requested the Board to continue to fund Elderhaus and stated many agencies are planning a trip to Raleigh to discuss funding cuts with the legislators. It is important that members of the N. C. General Assembly understand the impact of State budget cuts on local governments. She requested the Board to reconsider its position on deciding not to fund any non-county agencies. Chairman Davis, on behalf of the Board, expressed appreciation to Ms. Pearce for the services rendered to the community. FY 2002-2003 Domestic Violence Shelter & Services, Inc. Budget Presentation Ms. Mary Ann Lama, Executive Director of Domestic Violence Shelter & Services, Inc., expressed appreciation to New Hanover County for support of the shelter services over the last two decades. She requested the Commissioners to continue funding this agency during a difficult budget year. The Domestic Violence Shelter serves victims of domestic violence who are primarily women and children that have become homeless. Since January 1, 2002, the demand for the shelter services is almost three times higher than during the same period in 2001, which created a need to use alternate locations to keep families safe. County residents receive 80% of services and the current level of County funding represents 6% of the agency’s budget. Even though the Domestic Violence Shelter cannot charge program fees or receive reimbursement from insurance companies, the shelter has been able to provide vital community services in a cost- effective way. If long-standing funding is not maintained, the outlook may be bleak. Without adequate housing and safety options serious consequences could result. Ms. Lama urged the Board to continue to fund the Domestic Violence Shelter & Services, Inc. Arts Council of the Lower Cape Fear Letter of Termination Mr. Don Fishero read a letter of termination from Mr. Jay Griffin, President of the Arts Council of the Lower Cape Fear, informing the Board that this agency will cease operation on May 31, 2002 due the absence of funding. For over 30 years, the Arts Council has promoted, funded, and facilitated arts in the region. Through the effort of the Arts Council for the past nine years, more than $350,000 has been invested in the cultural product of the area. Funding has been a significant factor in the process, and although New Hanover County is rated in the lower third of local government funding for major cities across the State, the judicious stewardship of funding received has made a noteworthy impact. Unfortunately, the citizens of New Hanover County and the City of Wilmington will no longer have an Arts Council. Chairman Davis, on behalf of the Board, expressed appreciation to Mr. Griffin and Mr. Fishero, for the services rendered to the community by the Arts Council. 2002-2003 YWCA Budget Presentation Ms. Amber Milliken, speaking on behalf of the YWCA Inter-Racial Dialogue Study Circles, advised that the YWCA had coordinated this program for two years, and the impact on the community has already been seen. Dialogue helps to change stereotypes and biases thus promoting racial harmony. New Hanover County is a diverse area, and local officials must work toward promoting racial equality and eliminating segregation, which does not go away on its own. Dialogue is the first step, and the YWCA has involved over 300 citizens in inter-racial dialogue study circles. Many of the participants feel progress is being made by the dialogue study circles. The YWCA needs County funding to maintain this program. FY 2002-2003 Taylor Homes Resident Economic and Development Services (THREADS) Budget Presentation Ms. Cora McBride Brown, President of THREADS, a new non-profit organization under IRS Code Section 501(C)(3), advised that the purpose of THREADS is to have a resource for all communities of New Hanover County to help provide classes and activities to poor community residents. The organization’s mission is to help poor communities fight against drugs, violence and keep everyone safe from harm. The program will educate teenagers, young adults, adults, and elderly citizens about drug prevention and assist single heads of households to take parenting classes. In closing, Ms. Brown requested the Board to provide funding in the amount of $18,215 to be used for start-up costs to begin the program. Chairman Davis, on behalf of the Board, expressed appreciation to Ms. Brown for the presentation. FY 2002-2003 Southeastern Sickle Cell Budget Presentation Mr. Kenneth Waddell, Director of Southeastern Sickle Cell Association, Inc., reported that the major purpose of the Sickle Cell Association is to curb the number of sickle cell births that occur in the community and to assist people NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JUNE 3, 2002 PAGE 215 living with the disease. There are approximately 264 people in the community who are either carriers or trait-bearers of the disease. There are approximately78 persons who are active carriers and sickle cell patients. Information received from the State Budget Department shows that Medicaid/Medicare reimbursements are $5,000 per patient annually, which includes approximately 12 hospitalizations per year, with extremely painful and debilitating crisis periods. In closing, Mr Waddell noted that he was aware of the difficult budget year facing the County and requested the Board to provide a reduced amount of funding to the Sickle Cell Association to continue to help people with the disease and to educate citizens on how to control and hopefully eliminate the disease. Chairman Davis, on behalf of the Board, expressed appreciation to Mr. Waddell for the presentation. FY 2002-2003 Brigade Boys & Girls Club Budget Presentation Mr. Derrell Clark, Executive Director of the Brigade Boys & Girls Club, advised that the Brigade Boys & Girls Club has been a vital part of the community for more than 100 years. For the past eight years, the County has been a partner, investor, and supportive part of the Brigade Boys & Girls Club. With no funding from the County and budget cuts from the City of Wilmington, Cape Fear United Way, and State of North Carolina, the total budget will receive a 20% cut. In the past year a new Teen Center had been built and now serves about 1,200 youth. With funding cuts, the Brigade Boys & Girls Club will have to eliminate four members of staff, which means that 50 to 75 teenagers will have to be released. In closing, Mr. Clark expressed concern for past support of the Boys & Girls Club and requested the Board to consider funding all agencies as done in the past. Chairman Davis, on behalf of the Board, expressed appreciation to Mr. Clark for the presentation. FY 2002-2003 Carousel Center Budget Presentation Ms. Marlene Moyer, Executive Director of the Carousel Center, introduced Ms. Diana Woolley, a member of the Carousel Center Board, to make the budget presentation. Ms. Diana Woolley reported that the Carousel Center addresses a need in New Hanover County that people do not like or want to discuss because the victims are children that have been sexually abused. Several agencies assist abused children; however, the Carousel Center provides a unique set of forensic medical services. The Carousel Center is the only provider who performs complete examinations on sexually abused children using specialized equipment. Dr. Sonya Brown is the Board Certified Child Medical Examiner. The Carousel Center has provided needed services for 251 children in Southeastern North Carolina with 33% of the children from New Hanover County. The $9,750 received from the County over the past 22 months to serve 83 children from New Hanover County equals to $117.46 per child. The actual cost for the Center to serve these children is approximately $1,230 per child. Ms. Woolley closed her presentation by saying it is difficult to believe that New Hanover County is unwilling to provide $4,500 to help abused, fragile children through the aftermath of an already horrible experience. A civilized society cannot refuse to help these children; therefore, the Board is being requested to continue the financial support of the Carousel Center. Chairman Davis, on behalf of the Board, expressed appreciation to Ms. Woolley for the presentation. FY 2002-2003 MedSource Budget Presentation Ms. Donna Booth-Neal, Director of MedSource, reported that since July 1, 2001, MedSource has assisted over 950 patients because of the economic downturn. MedSource pays no salaries with all funding going to the patients and expenses. People who assist with accounting, clerical needs, etc. donate their time. Every effort is being made to find grant funding, but with recent state and federal cuts, the grants are difficult to find. MedSource serves people who fall through the cracks. A call was received from the Red Cross requesting help for a young man who had just lost his job with an 18-month child with a severe ear infection. The child was seen by the pediatrician and the prescription for an antibiotic drug was $96. The father could not pay for the medicine and contacted the Red Cross for assistance who referred him to MedSource. This agency was able to assist, and this child was spared from having a hearing loss for the remainder of his life. In closing, Ms. Booth-Neal stated that MedSource would appreciate any amount of funding given to the agency. FY 2002-2003 Cape Fear Chapter of the American Red Cross Budget Presentation Ms. Patty Jenkins, Vice-Chair of the Board of Directors of the Cape Fear Chapter of the American Red Cross, advised that the tragic event of September 11, 2001, has created a problem in raising donations on the local level. Never in the history of this nation, have so many people donated so much on a national level. Donations to the Cape Fear Chapter for November were $14,000 less and for December $25,000 less than last year. Direct mail donations for the first quarter of 2002 were down 37% . The first quarter is traditionally a strong NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JUNE 3, 2002 PAGE 216 quarter. The Cape Fear United Way, who provides 25% of the annual budget for the Cape Fear Chapter of the American Red Cross, has been forced to reduce its funding to 7.5% which represents a revenue loss of $22,000. Staff is concerned about the drop in funding. Ms. Jenkins closed by saying that the motto of the Cape Fear Chapter of the American Red Cross is People Helping People. There are hundreds of recruited, trained, and maintained volunteers who provide services to the region. The American Red Cross is ready to respond to disasters of any size in the region, fires, floods, hazardous waste spills, airplane disasters, terrorist incidents, hurricanes, and tornados. Many of the citizens remember the assistance given by the American Red Cross during hurricanes Bonnie, Fran, Floyd, Dennis and Bertha. She requested the Board to provide funding to the Cape Fear Chapter of the American Red Cross. Chairman Davis expressed appreciation to Ms. Jenkins and volunteers who provide these worthwhile services to the community. FY 2002-2003 Girls, Inc. Budget Presentation Ms. Katie McCallum, speaking on behalf of Ms. Isaline Boston, Executive Director of Girls, Inc., reported that the Preventing Adolescent Pregnancy Program serves and benefits over 250 girls in New Hanover County. The program develops parent/daughter communication, assertiveness, refusal skills, contraception awareness, education on sexually transmitted diseases, and health hygiene. Without this program, many of the 250 girls would be pregnant or have a sexually transmitted disease. The girls are kept off the streets and the programs provide them with a form of education that is fun to attend. In closing, Ms. McCallum requested the Board to consider funding this agency which has been in existence for 51 years. Miss Latisha Pearson advised that she would be attending New Hanover High School and stated that she was an honor student who lived with her grandparents. She spoke on attending Girls, Inc. for two years and stated that a great deal of help had been received from attending the Preventing Adolescent Pregnancy Program, Girls R-Cast TV Program, and Sporting Chance. These programs have taught love and discipline, and have kept her out of trouble. As she enters high school, she will strive to set her goals high and hopefully become a County Commissioner one day. In closing, Miss Pearson requested the Commissioners to consider Girls, Inc. when making funding decisions to help her continue to be ‘Strong, Smart and Bold” which is the motto of Girls, Inc. Chairman Davis, on behalf of the Board, expressed appreciation to Ms. McCallum and Miss Pearson for the presentations. FY 2002-2003 Cape Fear Literacy Council Budget Presentation Ms. Susan McDaniel, a member of the Board of Directors of the Cape Fear Literacy Council, reported that last year there were 348 volunteers who gave 27,696 hours of time to help 434 students achieve their goals. During the past five years, the County’s funding has constituted approximately 15% of the total operating budget of the Cape Fear Literacy Council which equates to $50 per student. In the last four years, more than 1,000 students have been served with 82% being New Hanover County residents. In any given year, the Council serves at least 150 students who live and th work in the County. Of this group, 67% read below a 5 grade level. These students come to the Literacy Council because they know it is their last chance to better themselves by learning to read. The students do make progress as indicated by testing. After 35 hours of tutoring, students move up one grade level. In closing, Ms. McDaniel stressed the importance of breaking the illiteracy cycle and stated that an educated population tends to be more economically successful thereby reducing the burden on governmental resources in the future. She stated that New Hanover County and the Cape Fear United Way are the two sustainable sources of funding for the Literacy Council. She requested the Board to continue funding this worthwhile agency. FY 2002-2003 New Hanover County Soil & Water Conservation District Budget Presentation Ms. Marilyn Stowell, a District Conservationist in New Hanover County, reported that the New Hanover County Soil & Water Conservation District is a State mandated program that is an entity of the County. The problem is that the Soil & Water Conservation District is budgeted by New Hanover County as an outside agency that will not receive funding. Fortunately, the Soil & Water Conservation District works in partnership with the USDA National Resources Conservation Services, and the N. C. Department of Environment and Natural Resources. Through this partnership, the District is provided with NRCS District Conservationist and a full-time community conservationist for a 2-year position using federal and state funds. The District has access to the technical personnel of the Division of Soil & Water which includes engineers, resource conservationists, biologists, forestry, and plant material specialists. The major focus of the Soil & Water Conservation District is water quality. With a county completely surrounded by water and an economy based on water recreation and beaches, water quality is of great importance. The Soil & Water Conservation District has provided financial and technical assistance with dredging the mouth of Futch Creek and opening the creek to shellfishing. Following Hurricane Fran, the Soil & Water Conservation District provided several hundred thousand dollars to clean out the debris from the creeks. The work will never stop as indicated by work being done with Airlie Gardens, the Planning Department, Natural Resources Conservation Service, and Fish and Wildlife in procuring funds to perform a buffer initiative on tidal creeks. In closing, Ms. Stowell requested the Board to continue to fund the District and stated without this funding, NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JUNE 3, 2002 PAGE 217 there will be no clerical assistance and equipment to operate the office. Chairman Davis, on behalf of the Board, expressed appreciation to Ms. Stowell for the presentation. FY 2002-2003 Lower Cape Fear River Program Budget Presentation Ms. Marian McPhaul, Executive Director of the Lower Cape Fear River Program, reported that this program has focused on researching and monitoring the Cape Fear River since 1994. Research involves the study of fish, blue crabs and shrimp populations. Trips have been made to Raleigh and Washington, D. C. to secure federal and state funding. Without financial support of the local government, it is difficult to apply and receive grants for conservation initiatives. With the Regional Growth Team approaching the N. C. General Assembly, the Cape Fear River Program is currently seeking funds from a settlement reached in November 2000 with the Smithfield Food Processing Company led by Mike Easley who was Attorney General at that time. This settlement provides $2 million each year for 25 years to deal with the environmental impact of the swine industry on the watershed. The Cape Fear River Program has applied for the funds, and the New Hanover County Board of Commissioners will be requested to support procurement of the funds. Without these funds, the Cape Fear River Program will not exist after June 30, 2002. In closing, Ms. McPhaul spoke on the history of the Cape Fear River and requested the County to support the program. Chairman Davis expressed appreciation to Ms. McPhaul for the presentation. Chairman Davis opened the floor to hear comments from the public. He requested all person to limit their remarks to three minutes. Mr. Chris Bolles, a concerned citizen, reminded the Commissioners of being elected to represent every citizen of New Hanover County and stated that every dollar spent is a dollar out of somebody’s pocket; therefore, each dollar should be spent in a wise and responsible manner. After hearing discussion on the Wilmington/Hanby Beach water and sewer project coming in over $2 million representing 60% over budget, it is difficult to understand how this type of overrun could occur. When the engineers were questioned about the increase, the response was that three years were involved in completing the process, which is not an acceptable period of time for a small construction project. Hearing the County Manager say that $1 million was spent on Airlie Gardens with only $25,000 collected in fees and admissions, makes one wonder which is more important, having azaleas or allowing libraries to continue with normal hours of operations to provide valuable services. Mr. Bolles also noted that if the incinerator cost $9.5 million to operate and it eliminates only 68,000 tons trash from going into the Landfill, it should be closed because it is an antique. If the County state-of-the-art landfill can handle 170,000 tons of trash for $3 million, this is a difference of $6.5 million that could be used to balance the budget and prevent imposing another one-cent local option sales tax on the citizens. In closing, Mr. Bolles informed the Board that he had worked with three investment firms in New York and said if the letter of transmittal from the County Manager in the budget had been sent to any of these firms, the manager would have heard two words, and the door would be slamming behind him. The budget document does not show how 10% was cut from the budget and how the County became 10% more efficient. That additional 10% comes from the taxpayers pockets and people have to work longer to care for their families. He requested the Commissioners to spend tax dollars in a more reasonable and wise manner. Mr. Jeff Kohl, a concerned citizen, spoke in opposition to high taxes and stated that was the reason he left New York and moved to New Hanover County. During the past few years, the State of North Carolina and New Hanover County have lost many manufacturing jobs. Many people in the County do not have enough money to live, particularly if they have four children. He challenged the Commissioners to cut taxes and cut spending to put money back into the pockets of the people so they can spend and give businesses the incentive to reinvest so the property tax or sales tax will not have to be increased. This community needs to be a place where businesses will want to relocate and bring jobs into the area. Ms. Kristi Tomey, a concerned citizen representing thousands of residents living in New Hanover County opposed to an additional one-cent local sales tax, stated that each year the County blames the budget shortfall on state and federal mandates. She noted that Airlie Gardens is not a mandate from the State of North Carolina and said as long as taxpayers fund Airlie Gardens year after year, they do not want to hear about increasing the sales tax or property tax. Ms. Pat Meyer, a resident of 1322 Grove Point Road, spoke as a concerned citizen watching her property tax increase and stated that the citizens are fed up with their hard earned money and time away from their families being shelled out for bad decisions. The County wants more money to fund what has now become a tidal wave of debt. In the County Manager’s letter dated last year, May 21, 2001, to the Board of County Commissioners, he stated: While increasing expenditures were anticipated, the process of balancing the budget became more difficult by the Governor’s freezing of reimbursements in the current year and the economic slowdown. Ms. Meyer said the situation is now worse, but the State is not to blame for the majority of New Hanover County NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JUNE 3, 2002 PAGE 218 budget woes. Those of the Board who are trusted to represent the people have much influence in regards to the consequences the County is dealing with right now. The citizens trust the people who run this County to make the best decisions on behalf of the people who live in the County; however, at this moment, they feel very deceived by this governing body. For example, one decision that should not have been made was the decision to form a non-profit organization for New Hanover County in order to finance projects for the County through Certificates of Participation or COPS, which is an insult to law enforcement officers. For persons in the audience, who are unfamiliar with Certificate of Participation, this is a complicated way of setting up County finances. One reason bureaucrats favor this method is because it allows governments to float millions of dollars without consent of the people, as required by a bond referendum; however, the taxpayers still have to pay the debt. According to guidelines on debt issuance from the State treasurer’s office, it states: These guidelines are intended to indicate steps applicants may take to expedite approval and point out pitfalls that may delay or complicate the approval process and are to be avoided. Community support for the project is important, especially for non-voted debt. Lack of community support may be evidenced by comments at meetings of the governing body, public hearings, correspondence, newspaper articles, etc. Ms. Meyer also read the following section from the County resolution for Certificates of Participation financing: Any increase in tax that is necessary to meet the sums estimated to fall under such proposed installment financing agreements will not be excessive. Ms. Meyer spoke on knowing many people who do not support Certificates of Participation as a way to finance projects and who feel that the current tax rate is excessive. It is doubtful that these people will be happy in the coming year if the one-half cent sales tax is approved in conjunction with the 2004 revaluation of property for New Hanover County, and the 2 cents that will have to be appropriated from the general fund to help pay for the $60 million in Certificates of Participation approved last September. Ms. Meyer stated that another item of concern is paying for the Jail Palace which is funded by Certificates of Participation. The Jail, although needed, was not warranted in the way it was fashioned. She referenced a letter dated March 29, 1999 from N. C. Prisoner Legal Services to Sheriff Joseph McQueen, Jr. and read the following statement. We are hopeful that the County will arrive at a solution that ensures the restoration of constitutional and humane conditions at the New Hanover County Jail. In closing, Ms. Meyer stated that the letter did not say to build one of the most expensive jails in the country. She noted that her time was up and offered to answer questions. After hearing no questions from the Board, Chairman Davis expressed appreciation to Ms. Meyer for the comments. Mr. Kenneth Davis, a concerned citizen and one of 800 displaced workers at Corning, Inc., spoke in protest to the County’s grant of $450,000 to Corning over a period of five years when other non-county agencies are not receiving funding. After reading the contract and discussing this issue with the City Attorney Tom Pollard, it is the feeling of Mr. Pollard that Corning, Inc. was entitled to money because the company made a direct capital investment and was not tied to the 70 jobs. Mr. Davis stated that he did not agree with Mr. Pollard’s interpretation because throughout the contract when referencing a direct capital investment, it refers to 70 jobs, of which 60 are to be technical and production jobs and 10 salary jobs. The major core of the Corning Plant with an investment of $141 million has been closed since February 2002. Not one person has worked in this area of the plant since that date. The contract states in Exhibit E that in any given year where the company fails to meet its direct capital investment or to meet the requirements for 70 jobs, the amount of money received from the County should be reduced pro-rata based upon the number of full time employees at the plant. In closing, Mr. Davis requested the Board to review the contract and prorate any funding given to Corning, Inc. He urged the Commissioners not to support corporate welfare for Corning, Inc. or any other company. Hearing no further comments from the public, Chairman Davis closed the Public Hearing. After informing the Board that the budget must be adopted by June 30, 2002, pursuant to North Carolina General Statutes, County Manager O’Neal requested the Board to schedule a Budget Work Session so the Budget Ordinance can be considered by the Board on June 17, 2002. Commissioner Caster suggested scheduling a Budget Work Session and stated if some of the non-county agencies are performing functions that New Hanover County by law is required to provide, perhaps funding consideration should to be given to these agencies. For example, if Elderhaus saves Medicaid money for the County, that savings should be removed from the budget for the Department of Social Services. He also objected to including the $4.5 million of State reimbursements in the FY 2002-2003 budget. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JUNE 3, 2002 PAGE 219 Commissioner Boseman advised that she could not vote to approve a budget with imaginary money, meaning the $4.5 million promised in reimbursements from the State. She spoke on funding to non-county agencies and commended them for the services provided but stated when New Hanover County has eliminated over 100 jobs and closed libraries on Fridays, it is difficult to give this money away when the County cannot take care of itself. Commissioner Boseman expressed concern for hearing the Sheriff say on the evening news that the new Jail was behind scheduled. She asked where the money was appropriated in the proposed budget to pay for additional costs and the $100,000 paid by the County to carry prisoners to out of county facilities. County Manager O’Neal responded that the new Jail is behind and staff feels this is the fault of the contractor. The Jail was not planned to be opened until January 2003; therefore, funding is available from July 1, 2002, through January 31, 2003 in the FY 2002-2003 budget. The delay may be as late as September; however, a meeting has been scheduled next week with all parties involved. Hopefully, the Jail will open before September. The penalty is $1,000 per day for not completing the project on time, and the Legal Department will aggressively assess the penalties. Commissioner Caster expressed concern for this project not being on schedule and requested staff to keep the Board informed. Vice-Chairman Greer suggested having a Work Session to hear an update on the new Jail project so the necessary steps can be taken immediately to resolve the issue. County Manager O’Neal agreed with Vice-Chairman Greer but stated there is a possibility that the County will be involved in litigation. Once the meeting is held next week, more will be known about the delay. Chairman Davis asked when the Board would like to schedule a Budget Work Session. Consensus: It was the consensus of the Board to schedule a Work Session on Thursday, June 13, 2002, after the regular Staff Meeting. Chairman Davis expressed concern for including the $4.5 million State reimbursements in the proposed FY 2002-2003 budget and suggested removing this figure and requesting staff to bring in options to make up for the loss of revenue whether through further budget cuts or a combination of alternatives. County Manager O’Neal referenced the memorandum of May 23, 2002, to the Board and said that State reimbursements will not be received; however, there is discussion in the General Assembly about allowing local governments to impose a one-half cent sales tax before July 1, 2003. Another option is for the County to use the Schools Fund Fund Balance, which is County money set aside by the Board of County Commissioners on a routine basis. Using this money will not impact funding to the schools, but it is a one time expenditure. Another option is to further cut the County budget which will create the need to eliminate some County departments. Over 100 jobs have been eliminated, no funding is recommended for non-county agencies and every line item has been cut in County government. The only alternative is to eliminate some departments. Partnership agencies, such as Soil and Water Conservation and Cooperative Extension, are State agencies. If the State decides not to fulfill its financial share, it is a breach of contract and the County should not fulfill its obligation. Other departments not required are Parks, Aging, Airlie Gardens, the Library and Museum. In closing, County Manager O’Neal advised that using the Schools Fund Fund Balance to restore the $4.5 million in State reimbursements is an option that can be used to maintain the financial creditability of the County and maintain its AA bond ratings without affecting the money appropriated to the School System in the proposed FY 2002- 2003 budget. Commissioner Pritchett referenced the four non-county agencies with funding contracts that require a one-year cancellation notice and suggested notifying these agencies as soon as possible that funding will not be available for FY 2003-2004. County Manager O’Neal advised that he would be glad to notify these non-county agencies upon recommendation of the Board. Vice-Chairman Greer stated that New Hanover County is paying $9 million per year to operate an incinerator when the County Landfill takes in 150% more waste at an operational cost of $3 million per year. The taxpayers could save approximately $6 million a year if the incinerator is closed, which would cover the loss of State reimbursements and provide additional revenue for other needs. CONSIDERATION OF RESOLUTION REQUESTING NEW HANOVER COUNTY LEGISLATIVE DELEGATION TO INTRODUCE AND SUPPORT A ONE-HALF CENT LOCAL OPTION SALES TAX FOR NEW HANOVER COUNTY Chairman Davis noted that if the Board wants to consider implementing a one-half cent local option sales tax effective July 1, 2002, depending on what is finally decided by the General Assembly, a resolution should be adopted by the Board and forwarded to the local legislative delegation as soon as possible in order for the County to be considered. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JUNE 3, 2002 PAGE 220 Commissioner Caster expressed concern for rushing into approving a one-half cent local option sales tax effective July 1, 2002, because this action would bail the State out of its responsibilities. Since the Board has scheduled a Public Hearing on July 8, 2002, to consider implementing the one-half cent local option sales tax effective July 1, 2003, he would prefer waiting to receive public input and let the Board decide if a referendum should be held before imposing the additional sales tax. Commissioner Pritchett suggested adopting a resolution so the County can move forward with implementing the sales tax if it becomes necessary. Vice-Chairman Greer spoke in opposition to implementing another one-half cent local option sales tax. Commissioner Boseman expressed concern for having a seven-cent sales tax and stated if the Board should decide to implement a one-half cent local option sales tax, it should be used to fund schools. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, not to pursue a special one-half cent local option sales tax at this time. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Pritchett voted in opposition. PUBLIC HEARING TO CONSIDER REQUEST FROM JEFF KEETER FOR CONBRIO, LLC TO REZONE 3.92 ACRES OF PROPERTY LOCATED AT 4837 CAROLINA BEACH ROAD FROM O&I OFFICE AND INSTITUTIONAL TO CD (B-2) CONDITIONAL USE HIGHWAY BUSINESS (Z739, 04/02) Chairman Davis opened the Public Hearing and announced that conditional use zoning requires a quasi-judicial hearing; therefore, any persons wishing to speak must be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes Jeffrey P. Keeter Mark Ragezzino James W. Martin John Klein Cindy Kee MacPherson Chairman Davis announced that a presentation will be made by the Planning Staff followed by a 15 minute presentation by the petitioner, and a 15 minute presentation by persons in opposition to the rezoning request. There will be 5 minute rebuttal periods. Chairman Davis asked Mr. Jeffrey P. Keeter, the attorney representing the petitioner Conbrio LLC, if the petitioner was aware that if action is taken by the Board of County Commissioners and the zoning request is denied, the petitioner will have to wait one year before submitting the rezoning request. Attorney Keeter responded that the petitioner was aware of this fact and would like for the Commissioners to hear the request. Planning Director Dexter Hayes presented a map of the site and reported that the request was in two parts: (1) a conditional use rezoning; and (2) issuance of a Special Use Permit to govern the site plan and uses for the property. The property consists of 3.92 acres located at 4837 Carolina Beach Road, north of the Lakes at Johnson Farms, and the request is to rezone it from O&I Office and Institutional to CD(B-2) Conditional Use Highway Business. The area is the O&I District to the rear of the property. Slides were presented showing the frontage from Carolina Beach Road, existing residential properties, the rear of the property, and existing homes at the Lakes at Johnson Farms. At the Planning Board meeting held on May 2, 2002, Attorney Jeff Keeter presented the conditional use site plan. No one spoke in opposition to the petition at the meeting, and the president of the adjacent homeowners association spoke in support of the conditional use plan. After considerable discussion about providing a connection to an existing access easement and right-of- way on the northwest side of the property, the Planning Board voted to recommend approval of the petition with the following conditions: 1. The petitioner will provide a 25-foot buffer with an 8-foot high fence along the eastern property line adjacent to the Lakes at Johnson Farm. 2. Live music or entertainment shall be prohibited within the storage facility. 3. Architectural style will be similar to the illustrations and samples presented, which are on file in the Planning Department. 4. Lighting will be directional lighting mounted below the eaves line of the buildings. 5. If a road is constructed within the adjacent 60-foot wide parcel reserved for a right-of-way, a connection shall be provided across the northwestern part of the Conbrio LLC parcel to facilitate access. Improvement of the 60-foot wide access was considered a critical part of the design for the 551 dwelling units approved at the Lakes NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JUNE 3, 2002 PAGE 221 at Johnson Farm. Planning Director Hayes entered the following findings of fact 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. A. The subject property is located within the Myrtle Grove Volunteer Fire Department. B.County sewer and City water are available nearby. C.The site has direct access to Carolina Beach Road. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: A.The site plan submitted meets the requirements of the zoning ordinance. B.Several existing trees will be preserved on site as part of the buffer areas and near the buildings. C.Adequate area exists on the parcel to accommodate storm water management, buildings and parking associated with the proposed project. 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.Buffering will be provided in accordance with the zoning ordinance. B.Lighting for the project is proposed to be directional lighting mounted lower than the building height. C.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 developed by the New Hanover County Comprehensive Land Use Plan and is within the urban growth boundaries. The purpose of the developed class is to provide for continued intensive development and redevelopment of existing urban areas. These areas are already developed at a density approaching 1,500 dwelling units per square mile. Urban services are already in place or scheduled within the immediate future. Density may exceed 2.5 units per acre within the developed class, depending upon local zoning regulations. B.No structures are proposed in the northern corner of the property, which is the location for a retention pond area. Planning Director Hayes offered to answer questions. Commissioner Pritchett referenced the narrow strip running behind the cul-de-sac, lots 12, 13, 14, and 15, and asked if this was an additional buffer. Planning Director Hayes explained that the strip referenced by Commissioner Pritchett is a drainage easement. This easement will be reconfigured with infrastructure improvements to allow the storm water to flow north and be collected in the retention pond located on the northern triangle of the site. Commissioner Pritchett asked if the developer was required to have an additional buffer for the entire length of the property boundary. Planning Director Hayes responded that the developer will be required to retain the natural buffer or install new buffering and landscaping. A 25-foot buffer strip with an 8-foot high fence will be required along the eastern property line as recommended by the Planning Board. Chairman Davis asked if the five conditions recommended by the Planning Board addressed the concerns of the Planning Staff. Planning Director Hayes responded that concerns of the Planning Staff were addressed by the Planning Board recommendations. Chairman Davis asked if the rezoning request was consistent with the Land Use Plan. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JUNE 3, 2002 PAGE 222 Planning Director Hayes responded that the plan was consistent with the Land Use Plan because there are 500 plus dwelling units planned for Johnson Farms which does create a need for a mini-storage facility as a compatible use in the area. Chairman Davis requested Attorney Jeff Keeter to step forward. He asked Attorney Keeter if the petitioner agreed with the findings of fact as presented by the Planning Staff. Attorney Keeter, representing the petitioner, Conbrio, LLC, responded that the petitioner agreed with the findings of fact and all conditions with the exception of the recommendation of a road connection on the 60-foot right-of- way. There is concern about traffic going through the parking lot of the Martin Self Storage facility when trying to make a left turn through the median cut on Carolina Beach Road. He requested time to comment on the road connection and presented a brochure to the Board to be marked as Exhibit I. A lengthy discussion followed on the location of recommended road connection to Johnson Farms. Planning Director Hayes presented a map showing Parcel 6 as the 60-foot right-of-way. The TRC is requiring the developer to construct the road to Carolina Beach Road when the remainder of the property is developed. Because of curb cuts and entrances on the B-2 portion of property, there should be some type of connection between the mini-storage facility and the entrance whether a road or parking lot access to provide access without having to travel on Carolina Beach Road. Vice-Chairman Greer expressed concern for requesting the developer to construct a road connection or access on a portion of property that is not being developed until a future date. He asked if the County legally could impose this type of condition. Planning Director Hayes explained that the proposed mini-storage facility will serve more than 500 homes, which will generate additional traffic. When the property is developed in the future, the access will be needed. If this condition is not imposed on the use, the road connection may never occur. Attorney Keeter informed the Board that when the B-2 section of the property is developed, there may be a desire to use the 60-foot easement as an access. The petitioner is concerned about access being provided from the developed B-2 tract to the mini-storage facility site because of security and safety reasons. The owners, Dr. Mark Ragezzino and wife, Karen Hanson, desire to preserve the trees on the site. At the end of the road stub is a 30-inch pecan tree that will be incorporated into the design of the site plan. A great deal of effort has been made to provide an additional vegetated buffer in addition to the 50-foot drainage easement in the rear of the property. Meetings have been held with adjoining property owners at The Lakes at Johnson Farms and the owners have endorsed the plan. Attorney Keeter advised that Dr. Mark Ragezzino, the petitioner, Mr. James W. Martin, the developer, and Mr. John Klein will be glad to answer any questions about the technical aspects of the project. Mr. Martin, the developer and resident of New Hanover County since 1974, spoke on being involved with residential construction since 1982 and stated he designed, constructed and operates the Martin Self Storage located at 6020 Carolina Beach Road. In 1995, this site received the National Facility of the Year Award based on site design, creativity, and appearance. Each self-storage facility is built and designed to be more attractive than the previous facility without sacrificing quality. Mr. Martin presented slides of the site showing that if the road connection is required more than one or two large trees will be lost. The major concern is that people will use the access road as a way to cut through the site to cross Carolina Beach Road, which will create problems for the storage facility and surrounding residents. He requested the Board to approve the request without the road connection. Mr. John Klein, representing the firm of Wrightsville Engineering Services, spoke on working with Mr. Martin since 1994 and stated that all of his facilities are well maintained and operated. He informed the Board that all zoning ordinance requirements had been met and exceeded in many instances. The main concern is the required access road that will serve as a cut through to Carolina Beach Road and allow vehicles to drive through the parking lot of the mini- storage facility. He requested the Board to approve the request without the access road. Commissioner Pritchett spoke on the amount of commercial construction occurring at Monkey Junction and stated that she felt it would be premature to make any decision regarding road cuts until the changes are made at the intersection. Chairman Davis asked Ms. Cindy Kee-MacPherson, President of The Lakes at Johnson Farms, Inc. Homeowners Association, if she was in favor of the request. Ms. MacPherson responded that the homeowners were 100% in support of the project and stated that the residents were not in favor of the road connection as recommended by the Planning Staff. After hearing no opposition to the proposed plan, Chairman Davis closed the Public Hearing and requested direction from the Board. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to approve the request to rezone 3.92 acres of property located at 4837 Carolina Beach Road from O&I Office and Institutional to CD (B-2) Conditional Use NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JUNE 3, 2002 PAGE 223 Highway Business. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO 4 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED APRIL 7, 1971, is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 4, Page 62. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Greer, to grant a Special Use Permit to Conbrio LLC to place a self-storage facility on property located at 4837 Carolina Beach Road subject to Conditions 1-4 as recommended by the Planning Board with removal of Condition 5 requiring construction of a road in the 60-foot right- of-way based upon the findings of fact and evidence presented concluding that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; the use meets all required conditions and specifications of the Zoning Ordinance; the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A copy of the Special Use Permit is hereby incorporated as part of the minutes and is contained in SUP Book III, Page 16. A copy of the document marked Exhibit Book I on file in the Planning Department. PUBLIC HEARING TO CONSIDER ESTABLISHING A NO WAKE ZONE AT MASON CREEK Chairman Davis opened the Public Hearing and requested Dr. Robert A. Parr to make a presentation on the request for the no wake zone. Dr. Robert A. Parr reported with the deepening of Mason Creek as a component of the Mason Inlet project, additional boat traffic will be increased that could constitute a public safety concern unless a speed limitation is imposed. In order to move forward with the process, the Board of County Commissioners must adopt a resolution requesting the North Carolina Wildlife Resources Commission to investigate the need for a no wake zone at Mason Creek. Costs for signage have not been determined; however, a group of doctors known as Carolina Coastal have agreed to donate $500 toward the purchase of buoys for State required signage. In closing, Dr. Parr noted that last year the New Hanover Regional Medical Center saw 18 emergency patients directly related to boating safety issues. Four of the patients were hospitalized and one person is still in rehabilitation. The combination of persons traveling in boats at high speeds, consuming alcohol, and lack of appropriate warning signs results in accidents. He requested the Board to adopt the resolution to prevent injuries from occurring in Mason Creek. Discussion followed on whether the County would have to enforce the no wake zone and if there would be other costs once the no wake zone is established. Dr. Parr advised that his medical group would post the initial signs; however, as the signs age, the County would be responsible for replacing them. Deputy County Attorney Kemp Burpeau informed the Board that after discussing the enforcement issue with the N. C. Wildlife Resources Commission Office in Raleigh, he was told that the Commission would be responsible for enforcement. In discussion of pursuing the no wake zone, Chairman Davis noted that the Board will have to direct staff to prepare an application and adopt a resolution on June 17, 2002. He asked if a Public Hearing was required. Deputy County Attorney Burpeau responded that State Statutes do not formally call for a Public Hearing; however, the request to establish the no wake zone must be advertised. Commissioner Pritchett commented on the large sum of money spent on Mason Inlet and asked if establishing a no wake zone will help to preserve the dredging just completed at the inlet. Deputy County Attorney Burpeau responded that the N. C. Wildlife Resources Commission will review the request based upon whether establishing a no wake zone will protect lives. No consideration will be given to the protection of property; however, boats traveling at a slower speed, will protect the shoreline. After discussion of the need to hold a Public Hearing, Chairman Davis called for a motion. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Pritchett, to schedule a Public Hearing on June 17, 2002, to receive input from the public on the proposed no wake zone, authorize staff to prepare and advertise a no wake zone application for Mason Creek, prepare a resolution that will require enforcement by the N. C. Wildlife Resources Commission, and accept the offer by Coastal Carolina, Inc. to pay $500 for posting the signs. Upon vote, the MOTION CARRIED UNANIMOUSLY. FIRST READING OF AN ORDINANCE TO PROTECT BIRDS AT MASON INLET BY ADDING SECTION 38-108 TO CHAPTER 38, OFFENSES AND MISCELLANEOUS PROVISIONS, ARTICLE IV, BREACHES OF PEACE OF THE NEW HANOVER COUNTY CODE Deputy County Manager Dave Weaver advised that the proposed ordinance seeks to address issues raised in NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JUNE 3, 2002 PAGE 224 the federal permitting process for Mason Inlet. Permit conditions require protection of water birds and their nesting habitat. The ordinance would make it a misdemeanor to intentionally harm birds in the unincorporated portion of Wrightsville Beach Island. The Board is being requested to amend and add the following section to Chapter 38, Offenses and Miscellaneous Provisions, Article IV, Breaches of Peace of the New Hanover County Code: Section 38-108: Harassment or Harm of Birds Prohibited: a) For that portion of Wrightsville Beach Island situated north of the incorporated area of the Town of Wrightsville Beach, it shall be unlawful for any person to harm any bird by chasing, attempting to capture, throwing objects at or touching the animal, or tampering with nests. b) Any persons who shall violate the provision of this section shall be guilty of a misdemeanor punishable by a fine of not more than five hundred ($500.00) dollars or imprisonment for not more than thirty- eight (38) days, in the directive of the court, as provided by N.C.G.S. 14-4. Commissioner Boseman expressed concern for having 38 days of imprisonment and suggested removing this penalty from the ordinance. Deputy County Attorney Kemp Burpeau informed the Board that a fine would be sufficient without any form of imprisonment. Commissioner Pritchett asked if the proposed ordinance should have a waiver clause for persons who are in rehabilitation work for injured birds. Deputy County Attorney Burpeau responded that an exempt clause could be included in the ordinance for persons holding requisite federal and state licenses for research and/or rehabilitation of injured birds. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to adopt the ordinance with the following revisions: (a) adding a clause under Section 38-108(a) to exempt persons holding federal and state licenses for research and/or rehabilitation of injured birds; and (2) deletion of the 38 days imprisonment penalty under Section 38-108(b). Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the revised ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII, Page 21.1. SECOND READING OF FRANCHISE ORDINANCE FOR SOLID WASTE COLLECTION Chairman Davis reported that the Board approved a franchise ordinance for solid waste collection on May 20, 2002, by a 4 to 1 vote; therefore a second reading is required for final adoption of the ordinance. Motion: Chairman Davis MOVED, SECONDED by Commissioner Pritchett, to adopt the franchise ordinance for solid waste collection as presented at the first reading. Vice-Chairman Greer asked Chairman Davis if he had received a letter from Mayor Harper Peterson and the beach communities requesting the Board to table this issue until a joint meeting can be scheduled with the Board of County Commissioners to further discuss the proposed franchise ordinance system for collection of solid waste. Chairman Davis responded that a letter was just received from Mayor Harper Peterson today requesting the Board to continue this item for further discussion. Commissioner Pritchett pointed out that the motion on the floor is for adoption of the ordinance on the second reading, not the interlocal agreement with the municipalities. Vice-Chairman Greer stated that the letter from Mayor Peterson was to cover the ordinance and all documents pertaining to the franchise system. He noted that Carolina Beach Town Mayor Ray Rothrock was present and may want to speak on this issue. Chairman Davis responded that the Public Hearing had already been held and the Board was holding the second reading of the ordinance. Vice-Chairman Greer asked Mayor Rothrock if the Carolina Beach Town Council would like for the Board of County Commissioners to hold a joint meeting with the municipalities before taking action on the ordinance. Mayor Rothrock advised that two weeks ago, he requested a round table discussion about the franchise ordinance system for collection of solid waste. This request has not been honored by the Board of County Commissioners. Several meetings have been held with the City Staff, County Staff, Carolina Beach staff, Kure Beach Staff, and Wrightsville Beach staff, and it is felt that a joint meeting should be called to sit down and discuss the proposed solid waste collection system. He suggested meeting on Thursday, June 13, 2002, at 7:00 P.M. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JUNE 3, 2002 PAGE 225 Vice-Chairman Greer asked why the County should go against the municipalities and force a franchise system on these communities. Chairman Davis responded that he was not forcing anything on the municipalities and stated that the ordinance should be adopted because of the amount of discussion held by the Board on this important issue. If the franchise ordinance is adopted, there will be an opportunity to sit down with the municipalities and make agreed upon changes at a later date. Vice-Chairman Greer suggested meeting with the municipalities before adopting the franchise ordinance. Chairman Davis called for a vote on the motion to adopt the franchise ordinance as presented. Upon vote, the MOTION CARRIED 3 TO 2. Vice-Chairman Greer and Commissioner Caster voted in opposition. A copy of the franchise ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII, Page 21.2. FIRST READING OF FRANCHISE APPLICATIONS FOR SOLID WASTE HAULERS Chairman Davis advised that with adoption of the ordinance requiring the solid waste franchise system, the Board is being requested to grant franchises to companies who have submitted written applications. This is the first reading of the franchise application and according to North Carolina General Statutes, a second reading is required and is scheduled for June 17, 2002. Staff has provided a list of the following haulers who have made initial submittals for franchises: Pelican Container Services, Inc. Republic Services Site Clean, Inc. Waste Industries, Inc. Waste Management Chairman Davis asked if the entire statement had to be read into the record. County Attorney Copley responded that the statement could be provided to the Clerk to the Board for entry into the record. Vice-Chairman Greer asked if taking action on this item will mean that no other waste haulers will be permitted. Assistant County Manager Dave Weaver explained that in order to implement the franchise solid waste collection system by July 1, 2002, two readings will be required for the franchise applications with the haulers. The second reading will be held on June 17, 2002. After that date, any hauler can apply for a franchise at any time. Each franchise will require two readings. Discussion followed on the requirements in the franchise applications regarding records, property, and machinery. Vice-Chairman Greer asked how the County could vote on the franchise applications if these requirements had not been met. Assistant County Manager Weaver explained that all records, property, machinery and other items will be provided at the second reading of the franchise applications. County Attorney Copley explained that haulers listed are existing haulers who have been grandfathered in. Commissioner Caster asked if the County would be divided into franchise zones. Assistant County Manager Weaver responded that the next step will be to develop a zoned residential franchise collection system in the unincorporated county. There are several ways to approach this type of system: (1) divide the unincorporated county into six or ten zones with each zone being individually bid; or (2) divide the unincorporated county into three zones and negotiate with each major hauler to collect trash in the unincorporated county. After hearing no further comments, Chairman Davis called for a motion. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to approve the franchise applications submitted. Upon vote, the MOTION CARRIED 3 to 2. Vice-Chairman Greer and Commissioner Caster voted in opposition. A second reading on the franchise applications will be held on June 17, 2002. JOINT MEETING WITH MUNICIPALITIES SCHEDULED ON JUNE 12, 2002 Chairman Davis asked if the Board would like to schedule a joint meeting with the municipalities to discuss the franchise solid waste collection system. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JUNE 3, 2002 PAGE 226 Consensus: After discussion, it was the consensus of the Board to schedule a joint meeting with the municipalities on June 12, 2002, at 5:30 P.M. in the Assembly Room of the New Hanover County Courthouse. Vice-Chairman Greer stated that in the letter received from Mayor Peterson, the municipalities are interested in discussing legal issues associated with flow control, WASTEC’s efficiency and effectiveness, usable acreage available at the Landfill, the life of the Landfill, and long-term solid waste disposal alternatives with associated costs. County Manager O’Neal advised that staff would be glad to prepare a 15 to 20 minute presentation on the topics suggested in the letter from Mayor Peterson. Chairman Davis stated that he felt the purpose of the meeting should be to allow each municipality to discuss issues of concern. BUDGET WORK SESSION SCHEDULED ON JUNE 13, 2002 Chairman Davis asked when the Board would like to schedule a Budget Work Session. Consensus: After discussion, it was the consensus of the Board to schedule a Budget Work Session on June 13, 2002, at 5:00 P.M. in Room 501of the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina. ADOPTION OF RESOLUTION REQUESTING THE N. C. GENERAL ASSEMBLY TO SECURE STATE REVENUE SOURCES FOR LOCAL GOVERNMENTS County Manager O’Neal requested the Board to consider adopting a resolution to request the General Assembly to enact legislation that will secure local government revenue sources with distribution on a timely basis. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to adopt a resolution requesting the North Carolina General Assembly to enact legislation that will secure the local government revenue sources and ensure that these revenues are distributed to local governments on a timely basis as set forth by North Carolina General Statutes, and to send each member of the local legislative delegation a copy of the resolution with an accompanying letter. 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 XXVII, Page 21.3. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 56, UTILITIES, DIVISION 9, FEE SCHEDULE, APPENDIX B OF THE NEW HANOVER COUNTY CODE TO CHANGE WATER AND SEWER CHARGES Finance Director Bruce Shell advised that effective with the FY 2002-2003 budget, the proposed ordinance reflects changes in the water and sewer user charges. The changes include: (1) increases in the charges for water and sewer usage based on per 1,000 gallons of usage; ( 2) a change from a fixed fee and minimum usage billing to a base rate plus usage system which is the same rate structure offered by the City of Wilmington; and ( 3) the addition of an eight inch meter service for water and sewer services. These changes result in an approximate 6-7% increase in rates generating approximately $768,000 in additional revenues for the upcoming FY 2002-2003 budget. After hearing no discussion from the members of the Board, Chairman Davis called for a motion. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Greer, to adopt an ordinance amending Chapter 56, Utilities, Division 9, Fee Schedule, Appendix B changing the rate structure for water and sewer charges to become effective July 1, 2002. Upon vote, the MOTION CARRIED 4 to 1. Commissioner Caster voted in opposition. Since the ordinance did not receive a unanimous vote, a second reading will be held on June 17, 2002. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Davis convened from Regular Session at 12:05 A.M. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Davis reconvened to Regular Session at 12:10 A.M. NON-AGENDA ITEMS Chairman Davis announced that time had been reserved to allow the public to present an item that was not listed on the Regular Agenda. He requested all persons speaking to limit their remarks to three minutes. No items were presented. ADDITIONAL ITEMS Discussion of Acquiring Property to Protect the Tidal Creeks Commissioner Caster advised that he would like to call a Closed Session on June 17, 2002, to discuss the possibility of purchasing some property to protect the tidal creeks. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JUNE 3, 2002 PAGE 227 After discussion, County Manager O’Neal was requested to reserve time on the June 17, 2002, agenda for the Closed Session. Discussion of No Wake Zone at Snows Cut Commissioner Caster informed the Board that he had discussed the possibility of establishing a no wake zone at Snows Cut with Mayor Ray Rothrock in an effort to better control erosion of the bank along Snows Cut Park. He stated that he would keep the Board informed on any discussion or actions taken toward this effort. Discussion of Request by the City of Wilmington and Beach Communities to Increase the Room Occupancy Tax by 3% Commissioner Caster referenced the letter from the City of Wilmington and beach communities requesting the County to support a 3% increase in the Room Occupancy Tax and asked if this item should be discussed. Chairman Davis responded that he planned to discuss this issue after additional items were completed. Report on Grant Received by the Cape Fear Resource Conservation and Development, Inc. (RC&D) Commissioner Caster reported that a $3,000 grant has been received by the RC&D. The funding will be used for two projects: (1) a $1,500 drainage project in NorthChase; and (2) a $1,500 drainage project in the Prince George Creek area. Some County funding will be used to resolve drainage problems in both areas. Discussion of Problems on the North End of Carolina Beach Commissioner Caster referenced the memo forwarded to the Board from Mr. Todd McCloud regarding problems at the northern end of Carolina Beach and requested the Commissioners to read the information and make any suggestions on how to resolve this issue. Discussion of Dues for the N. C. Association of County Commissioners, National Association of Counties, Institute of Governments, and Council of Governments Commissioner Caster asked if the County was continuing to pay dues to the various associations. County Manager O’Neal advised that these agencies have membership arrangements with counties and the budget includes funding for the dues. Discussion of Amendment to House Bill #1584 Regarding the Hazard Mitigation Plan Compliance Deadline Commissioner Boseman requested the County Manager to check on whether Representative Daniel F. McComas had introduced an amendment to House Bill #1584 to roll back the deadline from March 3, 2003 until December 31, 2004 for the WASTEC Facility to comply to the Hazard Mitigation Plan Compliance regulations. County Manager O’Neal advised that he would be glad to contact Representative McComas about the amendment. Discussion on Merger of Water and Sewer Services and Parks in Florence County South Carolina Commissioner Boseman reported when recently visiting South Carolina, she read in the paper that Florence County and the City of Florence have merged water and sewer services and parks. She requested staff to contact Florence to see how these mergers were accomplished. County Manager O’Neal advised that he would be glad to contact Florence and report back to the Board. Discussion of Using Electricity Generated by WASTEC for County Buildings Commissioner Boseman referenced some previous discussion about the possible use of electricity generated by WASTEC for County Buildings. She asked if this issue has been seriously considered by staff. County Manager O’Neal responded that discussion has been held about using electricity generated from WASTEC to provide electricity to County buildings, but no specific study has been performed. He said with the heavy burden being placed on staff at this time, it might be wise to wait until the first of the year to review and study this matter. Commissioner Pritchett spoke on the need to investigate the use of WASTEC electricity because it could provide emergency power to the Jail and other facilities. Discussion of Technical Review Committee Appeals Being Heard in Superior Court Commissioner Boseman expressed concern for average citizens having to hire an attorney to appeal decisions rendered by the Technical Review Committee if the Commissioners decide these appeals should be heard in Superior Court. She stated that County Commissioners are elected to represent average citizens and hearing appeals should be part of the process. County Manager O’Neal advised that the Planning Board is discussing the appeals process and this item should be presented to the Board of County Commissioners at the first meeting in July. Discussion of Reducing Pay for the Board of County Commissioners Commissioner Boseman commented on the economic downturn and suggested decreasing the pay to County Commissioners. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JUNE 3, 2002 PAGE 228 Chairman Davis responded that no pay increases had been recommended for the County Commissioners or employees for the next fiscal year. Discussion of Request from the Municipalities to Consider Supporting an Additional 3% Increase in the Room Occupancy Tax Chairman Davis suggested discussing the additional 3% increase in the Room Occupancy Tax as a regular item on the agenda. After discussion, the Board agreed and requested the County Manager to place this item on the agenda for the June 17, 2002, meeting. Discussion of a Request by Donald Sullivan Concerning Illegal Immigrants in New Hanover County Chairman Davis referenced the request by Donald Sullivan regarding his concern for enforcement of illegal immigrants in New Hanover County. Consensus: After discussion of this being a federal issue, it was the consensus of the Board, to authorize the Chairman to write a letter to Congressman Mike McIntyre requesting enforcement of regulations regarding illegal immigrants with a copy of the letter forwarded to Mr. Sullivan, the Sheriff and Wilmington Police Chief. Discussion of Concurrent Consolidation Resolution Chairman Davis advised that Commissioner Pritchett had prepared a draft consolidation resolution incorporating suggestions from members of the City Council and members of Board of County Commissioners into the document. He requested the Commissioners to review the resolution so it can be discussed at a later date. ADJOURNMENT Chairman Davis called for a motion to adjourn. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis adjourned the meeting at 12:25 A.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board