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2005-03-14 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 14, 2005 BOOK 30 PAGE 253 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, March 14, 2005, at 2:00 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, NC. Members present were: Chairman Robert G. Greer; Vice-Chairman William A. Caster; Commissioner Ted Davis, Jr.; Commissioner William A. Kopp, Jr.; Commissioner Nancy H. Pritchett; County Manager Allen O'Neal; County Attorney Wanda M. Copley; and Clerk to the Board Sheila L. Schult. Chairman Greer called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Mr. Carl Byrd, Sr., Director of Human Relations, gave the invocation. Commissioner Kopp led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Greer asked if any member of the Board would like to discuss or remove an item from the Consent Agenda. Vice-Chairman Caster requested to remove Item 4 for discussion. Commissioner Davis requested to remove Items 3 and 6 for discussion. In discussion of Item 3, Commissioner Davis clarified that the Board, at their February 21, 2005 meeting, approved the request for membership in the Southeastern Economic Development Commission and the adoption of the resolution is a formality. In discussion ofItem 4, Vice-Chairman Caster clarified with Assistant County Manager Dave Weaver that the County continues to work with the Corp of Engineers and U.S. Fish and Wildlife Service. The Corp has agreed that once there is pattern showing that there is no impact on the wildlife the management and monitoring schedule will be adjusted. Staff was directed to continue monitoring the progress and to set up a meeting with the Corp of Engineers. In discussion of Item 6, Commissioner Davis clarified with Emergency Management Director Warren Lee that due to stipulations in the Homeland Security Grant application, grant funds cannot be used for the County's upgrade of the 800 MHz System. If awarded, the funds will be used for a regional communications interoperability project that will provide local first responders on mutual aid missions in bordering jurisdictions in New Hanover, Brunswick, and Pender Counties with immediate communications interoperability capability. Hearing no further comments, Chairman Greer called for a vote for approval of the consent agenda. Vote: The MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the following meeting as presented by the Clerk to the Board: Regular Meeting, February 21,2005 Approval to Enter into the Minutes the Order Granting the Special Use Permit Requested by Inland Harbour Properties, LLC (S-515) The Commissioners approved stating for the record that pursuant to the instructions of Judge Hockenbury, a Special Use Permit for an Indoor/Outdoor Recreation and Day Care Facility located in the Ogden VFD has been granted to Scott Stewart/Inland Harbour Properties, 3102 Middle Sound Loop Road. A copy of the Special Use Permit is hereby incorporated as part of the minutes and is contained in SUP Book III, Page 31.2. Adoption of Resolution to Request Membership in the Southeastern Economic Development Commission (SEDC) The Commissioners adopted the resolution requesting membership in the Southeastern Economic Development Commission as was approved at the Board's February 21,2005 meeting. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXIX, Page 17.1. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 14, 2005 BOOK 30 PAGE 254 Approval of Contract for Bird Management and Monitoring for the Mason Inlet Relocation Project The Commissioners approved the contract for continued bird management and monitoring for the Mason Inlet Relocation Project to the Audubon Society in the amount of$19,213.60 and to Dr. David Webster ofUNCW in the amount of $30,893. Authorization for the Criminal Justice Partnership Program (CJPP) to Submit a Grant Application to the State of NC Department of Corrections for Pretrial Release Program and Day Sentencing Center Funds The Commissioners authorized the Criminal Justice Partnership Program to submit a grant application for the Pretrial Release Program and Day Sentencing Center Funds in the amount of $141,515. If awarded, the funds will be used to cover the cost of the Day Sentencing program and partially fund the Pretrial Release program. There is no required County match for these funds. Authorization for the Emergency Management Department to Submit a Grant Application to the Homeland Security Department The Commissioners authorized the Emergency Management Department to submit a grant application to the Homeland Security Department. If awarded, the funds will be used for a regional communications interoperability project that will provide local first responders on mutual aid missions in bordering jurisdictions in New Hanover, Brunswick, and Pender Counties with immediate communications interoperability capability. Approval of Bank of America Commercial Segment Deposit Account Signature Card for New Hanover County Detention Facility Inmate Escrow Account The Commissioners approved changes in Bank of America Commercial Segment Deposit Account Signature Card for New Hanover County Detention Facility Inmate Escrow Account as follows: Adding: Lt. Jeffrey H. Tripp, Captain Clarence A. Hayes, and Lt. Lise A. RuefIe Deleting: Sgt. Wayne Bailey Approval of Bank of America Commercial Segment Deposit Account Signature Card The Commissioners approved the Bank of America Commercial Segment Deposit Account Signature Card for a dedicated savings account. Authorization for the Cape Fear Museum to Submit a Grant Application to the Institute of Museum and Library Services for a 21st Century Museum Professionals Grant The Commissioners authorized the Cape Fear Museum to submit a grant application to the Institute of Museum and Library Services. If awarded, the funds will be used to sponsor three programs each year for three years that will teach best practices in the care and handling of specific types of material. The total three-year cost for the project is budgeted at $59,532. Cape Fear Museum will meet 66% of its match through in-kind sources while a $1,924 cash match each year will come from supplies and advertising; years two and three include funding for a summer intern with the cash match coming from CFMA, Inc.; $4,500 is generated from participant fees to cover the cost of lunch for fifty participants at each of three seminars annually. If approved, the grant is expected to begin October 1, 2005. Authorization for the Cape Fear Museum to Submit a Grassroots Grant Application as Designated Partner to the North Carolina Arts Council of New Hanover County The Commissioners authorized the Cape Fear Museum to apply as the designated partner for sub-granting funds designated to New Hanover County for Grassroots Arts Grants in the amount of $21,362. If awarded, ninety percent of the funds will be distributed as sub-grants to County 501c3 arts organizations who meet review standards established by an objective committee of reviewers; ten percent will be used to offset costs of administration with an intern from the UNCW Public Administration graduate program. The grant management activities will be coordinated with the Greater Wilmington Arts & Cultural Alliance with the expectation that this organization will be in position to assume responsibilities for the grant administration in another year. Approval of Budget Amendments #2005-38 and #2005-40 - Sheriff's Office The Commissioners approved the following budget amendments: Budget Amendment #2005-38 - Sheriff's Office Adiustment Debit Credit Controlled Substance Tax: Controlled Substance Tax Capital Project Expense $2,320 $2,320 Explanation: To budget for additional revenue received on February 24, 2005. Controlled Substance Tax funds are budgeted as received and must be used for law enforcement, as the Sheriff deems necessary. Budget Amendment #2005-40 - Sheriff's Office Adiustment Federal Forfeited Property: Debit Credit NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 14, 2005 BOOK 30 PAGE 255 Federal Forfeited Property Capital Project Expense $5,375 $5,375 Explanation: To budget insurance proceeds of $5,375 received for a Sheriff's Office total loss vehicle. The total loss vehicle was purchased with Federally Forfeited Property funds; therefore, the insurance proceeds should be budgeted in Fund 348. Approval of Budget Amendment #05-0149 - Social Services The Commissioners approved the following budget amendment: Budget Amendment #05-0149 - Social Services Adiustment Debit Credit Administration: DSS Administration Grants Energy Assistance: Assistance Payments $73,425 $73,425 Explanation: To budget additional allocations of federal dollars from the State. No additional County dollars required. Approval of Budget Amendment #05-0157 - Health Department The Commissioners approved the following budget amendment: Budget Amendment #05-0157 - Health Department Adiustment Debit Credit Environmental Health: Childhood Lead Poisoning Departmental Supplies $3,000 $3,000 Explanation: To budget additional state grant funding to be used to support the Childhood Lead Poisoning Prevention Program. Approval of Budget Amendment #05-0158 - Health Department The Commissioners approved the following budget amendment: Budget Amendment #05-0158 - Health Department Adiustment Debit Credit Women's Preventive Health: State Grant Department Supplies $6,717 $6,717 Explanation: To budget additional state grant funding to be used to support the Family Planning Program for approved Family Planning expenses to include higher than anticipated cost of contraceptives. Approval of Budget Amendment #05-0160 - Emergency Management The Commissioners approved the following budget amendment: Budget Amendment #05-0160 - Emergency Management Adiustment Debit Credit Emergency Management: COPS Grant Departmental Supplies $62,500 $62,500 Explanation: To budget funds for COPS Technology Grant from U. S. Department of Justice, Office of Community Oriented Policing Services. The grant is for moving first responder communications to a state of interoperability. REGULAR ITEMS OF BUSINESS PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager O'Neal requested the following employees to step forward to receive service awards: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 14, 2005 BOOK 30 PAGE 256 Five-Year - Eric K. Edwards - Sheriffs Office Randy L. Eslick - Sheriffs Office Christopher D. Wright - Sheriffs Office Fifteen-Year - Michael A. O'Neal- County Manager Joseph R. Sigman - Sheriff's Office Wanda Rivenbark - Health Dept. Twenty-Year - Jerome G. Fennell- Property Management On behalf of the Board, Chairman Greer presented a servIce award to each employee, expressed appreciation, and thanked them for their dedicated years of service. PRESENTATION OF DISTINGUISHED BUDGET PRESENTATION AWARD Chairman Greer reported that notification has been received from the Government Finance Officers Association of the United States and Canada that New Hanover County has qualified to receive the Distinguished Budget Presentation Award for the 14th consecutive year. The award is for New Hanover County's budget, submitted for the fiscal year beginning July 1, 2004. The award is the highest form of recognition in governmental budgeting. The budget is reviewed by a panel of independent budget experts who use extensive criteria to evaluate the effectiveness of the budget as: a policy document, a financial plan, an operations guide, and a communication device. Award-winning documents must be rated "proficient" in all four categories. In addition, Special Capital and Special Performance Measures recognition were received for the FY 03-04 budget. Chairman Greer, on behalf of the Board, presented the award to Budget Director Cam Griffin and thanked her and her staff for their continued excellence. Budget Director Cam Griffin introduced her staff, Norma Troutman, Karen Wagner and Donna Seal. CONSIDERATION OF PROCLAMATION TO RECOGNIZE MAY 7, 2005 AS THE THIRTIETH ANNIVERSARY OF THE OFFICIAL ENDING OF THE VIETNAM WAR Vice-Chairman Caster read the proposed proclamation recognizing May 7, 2005 as the Thirtieth Anniversary of the Official Ending of the Vietnam War and called for a motion to adopt. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to adopt the proclamation recognizing May 7,2005 as the Thirtieth Anniversary of the Official Ending of the Vietnam War. Upon vote, THE MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXIX, Page 17.2. CONSIDERATION OF PROCLAMATION TO CONGRATULATE WILMINGTON ROTARY CLUB ON THEIR 90TH ANNIVERSARY Chairman Greer read the proposed proclamation congratulating the Wilmington Rotary Club on their 90th anniversary on April 1, 2005 and recognizing April 5, 2005 as Wilmington Rotary Club Day in New Hanover County. Chairman Greer called for a motion to adopt. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to adopt the proclamation congratulating the Wilmington Rotary Club on their 90th anniversary on April 1, 2005 and recognizing April 5, 2005 as Wilmington Rotary Club Day in New Hanover County. Upon vote, THE MOTION CARRIED UNANIMOUSLY. Chairman Greer, on behalf of the Board, presented the proclamation to Tom Dodson. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXIX, Page 17.3. CONSIDERATION OF REQUEST FOR GANG TASK FORCE DETECTIVE Commissioner Pritchett announced that the request for a Gang Task Force Detective has been withdrawn until additional funding options have been explored. PRESENTATION BY COAST LINE CONVENTION MANAGEMENT, INC. Chairman Greer asked Mr. Chad Hessenflow, President of the Coast Line Convention Management, Inc. to make the presentation. Mr. Hessenflow reported that, on behalf of the Board of Coast Line Convention Center, he is requesting continued County support for a one-year contract in the amount of $42,870. The City of Wilmington, at their March 1, 2005 meeting, approved a one-year extension of their lease with the convention center. The City will include in their FY 05-06 Recommended Budget an amount of $45,000 for the lease. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 14, 2005 BOOK 30 PAGE 257 Commissioner Pritchett clarified that the Board of Coast Line Convention Center is made up of representatives from DARE, New Hanover County, the City of Wilmington, the Chamber of Commerce and Ad hoc positions. Commissioner Pritchett clarified with County Manager Allen O'Neal that outside agencies' support is to be reduced by 5% annually in order to make them more independent. The amount with the reduction would be $40,727. Commissioner Kopp clarified with Mr. Hessenflow that the Coast Line Convention Center fund balance is $64,000. Commissioner Davis stated that he would prefer to consider the request during the regular budget process and clarified with County Manager O'Neal that since the current lease expires April 30, 2005 it would be appropriate to consider the request at this time. County Manager O'Neal suggested that the Board consider funding the request on a monthly basis from now until the end of the fiscal year and then consider the request as a part of the full budget. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to approve the request by Coast Line Convention Management, Inc. in the amount of $40,727 for the remaining of the current fiscal year with the payments being disbursed on a monthly basis and to review the request in the FY 05-06 budget process. Chairman Greer stated he had concerns that this is a privately owned facility and the County and City are funding the lease. County Manager O'Neal gave a brief history that the Coast Line Convention Center was established as a result of an Urban Development Action Grant that was a joint partnership between a private entity and the City of Wilmington to stimulate development and growth. The County became a part of the partnership, and in order to keep the entity viable, the County has remained a participant. Substitute motion: Vice-Chairman Caster MOVED to approve the request by Coast Line Convention Management Inc. in the amount of $40,727 for a one -year period of time. No second was received. Chairman Greer called for a vote on the motion. Vote: The MOTION CARRIED 4 to 1. Chairman Greer voted in opposition. CONSIDERATION OF APPROVAL OF BUY/SELL AGREEMENT FOR THE PURCHASE OF THE ADDITIONAL SPACE AT MARKET PLACE MALL Finance Director Bruce Shell reported that at the Board meeting on February 21, 2005, the Board authorized the purchase of the additional space at Market Place Mall. Two financing proposals were secured, one for the purchase only, and one for the entire project which includes the purchase and renovations. In both proposals, the financing is a temporary, interest only loan that will be refinanced with a Certificate of Participation Issuance within the next year. Both options would require a Public Hearing, and the option of financing the entire project cost would require review and approval by the Local Government Commission. Option to Purchase Real Estate: Purchase price Modification cost Furniture and Fixtures Total cost $4,204,700 $1,700,000 793,300 $6,698,000 Funding: Fund balance Financed Total $1,600,000 $5,098,000 $6,698,000 Financed Portion Debt Service Leased Income (MPM) Leased Income (Downtown) Excess Income $5,098,000 $ 408,000 $ 235,000 $ 216,000 $ 43,000 Construction Cost: 29,896 square feet by $50, per foot $1,494,800 Exterior modifications $ 200,000 $1,694,800 FF &E cost: Computer room Backup generator Data/telephone Interior mall finishes and signature $375,000 $110.000 $120,000 $ 50,300 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 14, 2005 BOOK 30 PAGE 258 Movers Misc. furniture/blinds, etc Contingency @ 5% $ 20,000 $ 78,000 $ 40,000 $793,300 Staff is requesting that the Board make a determination on one of the two options. Staff will then prepare the necessary documentation and schedule the public hearing for the Board Meeting to be held on April 4, 2005. Option 1 - Purchase and Renovations: . Approval of the buy/sell agreement for the purchase of the Market Place Mall option of the additional 48,481 square feet . Approval of budget amendment # 2005-39 in the amount of $6.7 million ($1.6 million is being appropriated from fund balance and the remaining $5.1 million is from loan proceeds) . Authorization and direction to the County Manager, the Finance Director, the County Attorney, and their designated staff to act on behalf of the County of New Hanover in regard to the execution of the buy/sell agreement for the acquisition of the Market Place Mall option, in preparation of the purchase documents, scheduling Public Hearing for the financing for the purchase and renovations costs, preparing application for the Local Government Commission, and other actions not inconsistent with this resolution. . Adoption of reimbursement clause as required by the United States Treasury Regulations Section 1.1.03-8. Option 2 - Purchase Only: . Approval of the buy/sell agreement for the purchase of the Market Place Mall option of the additional 48,481 square feet . Approval of budget amendment # 2005-39 in the amount of $4.2 million ($1.6 million is being appropriated from fund balance and the remaining $2.6 million is from loan proceeds) . Authorization and direction to the County Manager, the Finance Director, the County Attorney, and their designated staff to act on behalf of the County of New Hanover in regard to the execution of the buy/sell agreement for the acquisition of the Market Place Mall Option, in preparation of the purchase documents, scheduling Public Hearing for the financing for the purchase costs and other actions not inconsistent with this resolution. . Adoption of reimbursement clause as required by the United States Treasury Regulations Section 1.1.03-8. Commissioner Pritchett clarified with Finance Director Shell that the administration building could be sold with a buy back option for two floors, if needed, for the public defender offices. Chairman Greer stated that he would like to approve the financing option and at a later time look at the options of leasing or selling the administration building. Commissioner Davis stated he was opposed to the purchase of the Market Place Mall due to the pending bond referendums and the additional debt that would be incurred. Finance Director Bruce Shell stated that the purchase was kept in consideration when suggesting the amounts for the bond referendums. Chairman Greer asked for direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to adopt the resolution providing approval of buy/sell agreement, related budget amendment #2005-39 in the amount of $6.7 million, authorization and direction to the County Manager, the Finance Director, the County Attorney, and their designated staff to act on behalf of the County of New Hanover in regard to the execution of the buy/sell agreement for the acquisition of the Market Place Mall option, in preparation of the purchase documents, scheduling Public Hearing for the financing for the purchase and renovations costs, preparing application for the Local Government Commission, and other actions not inconsistent with this resolution, and adoption of reimbursement clause as required by the United States Treasury Regulations Section 1.1.03-8. Upon vote, THE MOTION CARRIED 3 to 2. Chairman Greer and Commissioner Davis voted in opposition. Budget Amendment #2005-39 - Marketplace Mall Purchase/General Fund Adiustment Debit Credit Marketplace Mall PurchaseIRenovation: Transfer-in from General Fund Installment Loan Proceeds Capital Project Expense General Fund: Appropriated Fund Balance $1,600,000 $5,100,000 $6,700,000 $1,600,000 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 14, 2005 BOOK 30 PAGE 259 Transfers to Capital Projects $1,600,000 Explanation: To establish budget for the purchase of additional space at Marketplace Mall and renovations. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXIX, Page 17.4. BREAK: Chairman Greer called for a 15-minute break at 3:20 p.m. CONSIDERATION OF A PROPOSED JOINT PUBLIC SAFETY TRAINING FACILITY Fire Chief Donnie Hall introduced Cape Fear Community College President Dr. Eric McKeithan and requested him to make the presentation. Commissioner Pritchett recognized the Fire Service Administration Staff and Lt. Ryan Merrill for their fund raising efforts for childhood cancer research. Dr. McKeithan reported that for approximately three years, the City of Wilmington, Cape Fear Community College and New Hanover County have been working on plans for a Joint Public Safety Training Facility. Cape Fear Community College is still committed to the project. For the past fifteen months, funds have continued to accumulate and the State is requesting CFCC proceed with the project. Cape Fear Community College has agreed to allocate $3.1 million and 15 acres of land for the project, with the City and County splitting the remaining balance. The County's portion is $3.5 million. Fire Chief Donnie Hall reported that the $10.1 million facility would allow fire, law, medical and industrial safety personnel an opportunity to receive training not currently available in the immediate area. Requirements for specialized training and preparation for multi-agency response to emergencies has increased the need for a facility where all responders can jointly train to better protect the community from natural and man-made disasters. This facility will attract out-of-county users who will contribute to the economy. The County's portion of $3.5 million could be split equally between the General Fund and the Fire Service District. Fire, EMS, law enforcement, industry, and others will use the facility. The City will consider the request for funding at their April meeting. Improved training may also affect the rating level that will result in improved . . Insurance prennums. Commissioner Pritchett stated that she attended sessions on Homeland Security at the recent National Association of Counties Legislative Conference in Washington. There will be mandates from Washington for additional training for first responders. The proposed facility will be available for this training, not only for our County, but also for the surrounding area. Finance Director Bruce Shell reported that this request was taken into account when considering the bond orders. The impact on debt service would be 1/12 of a penny from the general fund and 1/5 of a penny from the Fire District Fund. The County can afford to do this project and he advocated that the funds be borrowed for this project and not taken from fund balance. The County debt is being reduced by more than $20 million per year. After discussion concerning funding options and the need for the training facility, Chairman Greer called for a motion from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to approve the contract and proposal for the Joint Public Safety Training Facility's Master Plan in the amount of $3.5 million, with 50% of the funding coming from the General Fund and 50% coming from the Fire District Fund. Upon vote, the MOTION CARRIED 4 to 1. Chairman Greer voted in opposition. CONSIDERATION OF APPROVAL OF 800 MHz RADIO SYSTEM UPGRADE PROJECT Carolina Beach Town Councilman Jack Lynch, stated that on behalf of the Carolina Beach mayor and town council, he is requesting that the Board approve the request and proceed with the 800 MHz project and introduced Staff accompanying him. Emergency Management Director Warren Lee reported that on January 10, 2005, New Hanover County contracted with Federal Engineering, Inc. to conduct a study of the County's 800 MHz radio systems and prepare an improvement plan to address improving radio coverage, traffic-handling capacity, and provide a migration plan for APCO Project 25 standards compliance system-wide. Information Technology Director Leslie Stanfield reported that Federal Engineering, Inc. submitted the final draft plan on February 28, 2005, with the following recommendations: . Coverage - purchase and install a second 800 MHz trunked radio base station at the Charter Communications tower site and reconfigure and reorient the existing transmit antennas on the Flemington tower . Capacity - system capacity is adequate for current use and future growth. There is no need to build out the additional eleven channels . Project 25 Migration - upgrade the County's recently discontinued SMARTNET II hardware and software to Project 25 (Astro 25) simulcast equipment. The estimated cost of the infrastructure upgrade is $8.5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 14, 2005 BOOK 30 PAGE 260 million. The estimated cost of improvements at the Flemington and Charter Communications towers is $475,000. Estimated cost for Federal Engineering, Inc. to manage procurement, installation and testing of the new system is $100,000 - $200,000, depending upon the scope of service. John Murray, Senior Vice-President of Federal Engineering, Inc. reported that the three issues facing the County are: . Analysis of capacity requirements . Identification of potential solutions for coverage problems . Propose a migration path to APCO Project 25 Option One - Upgrade to analog-only simulcast system in the amount of $2.8 million. . This will add an additional site to the current system and be compatible with the existing field equipment. . Does not provide Project 25 features or functionality. Little expansion capability after 2009 or system support. . No migration path to digital technology or Project 25 compliance. Option Two - Migrate to Project 25 Compliant Simulcast Solution in the amount of $8.5 million. . Construct new Charter Communications tower site as Project 25 ready. . All investments are compatible with future system. . Provides migration path to digital and Project 25 standards. . Extends useful life to purchase by 10 -15 years. . Allows for a wider variety of subscriber units on the system when Project 25 is fully implemented. Director Lee reported that Staff supports the Federal Engineering Inc. recommendation to upgrade the existing SMARTNET II analog radio system to an Astro 25 14-channel simulcast system that is APCO Project 25 compliant and make the necessary improvements at the Flemington and Charter towers to support the new equipment. Staff also recommends that Federal Engineering, Inc. be engaged to manage the procurement, installation and testing of the new system. If approved, Staff will prepare a budget amendment for the upgrade project for consideration at the April 4, 2005 Board meeting, pending Local Government Commission approval. Director Lee and Mr. Murray clarified the following: . The State Highway Patrol of North Carolina has chosen to implement the Motorola Smart Zone System. Our current system will work with their system only if they are in the same area. The new system being recommended is digital and will work with the State Highway Patrol system which is also digital. The State Highway Patrol has discussed allowing counties to connect onto their system, but New Hanover County has already invested heavily in the 800 MHz System. . There is no vendor that will guarantee 100% coverage without "dead spots". . Once the current system has been converted to digital, it will then be interoperable with other vendors. . The towers will be operating in dual mode, some channels analog and some digital, until all the radios are transitioned to digital. . The south end coverage will improve dramatically with the additional tower sight. . If the Board approves Option 1 the vast majority of the equipment will not be reusable in the ultimate move to the APCO Project 25 compliance. . The project cost for the Project 25 Compliant Simulcast Solution could be less depending on the bids that are received; payments can be negotiated with the contracts. . The useful life of the Analog Simulcast Solution is four years for support and parts, approximately until 2009. . The useful life of the Project 25 Compliant Simulcast Solution is estimated at ten to fifteen years. . Motorola is the only system that can be implemented to continue operating with the existing system. Finance Director Bruce Shell reported the debt service numbers for the two options: . Analog Simulcast Solution - $2.8 million - 4% fixed rate for five years, which would be the useful life, principal and interest will be $640,000. . Project 25 Compliant Simulcast Solution - $8.5 million - 3.88% for ten years, the principal and interest will be $134,000 about 5/9 of a penny. Chairman Greer stated that he would like the Board to direct staff to proceed with the bid process and bring the bids back to the Board. Mr. Murray stated that he would recommend putting together a functional request for proposal that will define the service capabilities and functionality, not the equipment type, and then evaluate the responses on a fixed set of criteria. Hearing no further discussion, Chairman Greer requested direction from the Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 14, 2005 BOOK 30 PAGE 261 Motion: Chairman Greer MOVED, SECONDED by Vice-Chairman Caster, to direct staff to proceed with the bid process to Migrate to Project 25 Compliant Simulcast Solution and authorize County Manager O'Neal and Emergency Management Director Lee to negotiate the contract with Federal Engineering, Inc. to manage the bid process for the new system. Upon vote, THE MOTION CARRIED UNANIMOUSL Y. CONSIDERATION OF REQUEST BY CARL VALENTE FOR REMOVAL OF RESTRICTIVE COVENANT County Manager Allen O'Neal reported that Mr. Carl Valente is requesting the Board to approve the removal of the deed restriction that prevents structures from being placed on the former Pine Tree Cemetery. The restriction was included in the 2002 Quit Claim Deed when the County sold the parcel to Jan Brewington and Carl Valente. The parcel is situated between 6th and 7th Streets and Queen and Wooster Streets. The sale price of $5,000 was much less than market value but was deemed an appropriate disposition continuing the memorial status of the former burial ground. The Engineering Department handles all cemetery matters and is in opposition to this request by Mr. Valente. Hearing no further discussion, Chairman Greer requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to deny the request by Carl Valente for the Board to approve the removal of the deed restriction that prevents structures from being placed on the former Pine Tree Cemetery. Upon vote, THE MOTION CARRIED 4 to 1. Commissioner Davis voted in opposition. BREAK: Chairman Greer called for a lO-minute break at 5:35 p.m. COMMITTEE APPOINTMENTS Appointments to the Bicycle Advisory Committee Chairman Greer announced that one vacancy needed to be filled on the Bicycle Advisory Committee. He reported that two applications were received and requested nominations from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to appoint Richard L. Paxton to serve a three-year term on the Bicycle Advisory Committee with the term to expire on May 31, 2008. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the Industrial Facilities and Pollution Control Financing Authority Chairman Greer announced that two vacancies needed to be filled on the Industrial Facilities and Pollution Control Financing Authority. He reported that no applications were received but that William H. Cameron and Robert F. Ruffner, Jr., are willing to serve another term and requested nominations from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to re-appoint William H. Cameron and Robert F. Ruffner, Jr., to serve six-year terms on the Industrial Facilities and Pollution Control Financing Authority with the terms to expire on March 31, 2011. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the Port, Waterway and Beach Commission Chairman Greer announced that two vacancies needed to be filled on the Port, Waterway and Beach Commission. He reported that eight applications were received and requested nominations from the Board. Vice-Chairman Caster thanked Richard Caitlin for his service on the Commission for the past six terms. Vice-Chairman Caster nominated Geoffrey A. Losee. Commissioner Kopp seconded the nomination. Commissioner Pritchett nominated Caroline 1. Bellis. No second was received. Commissioner Kopp nominated Donald E. Harris. Chairman Greer seconded the nomination. Commissioner Davis nominated Ted Seawell. Commissioner Kopp seconded the nomination. Commissioner Pritchett nominated James E. Brown. No second was received Chairman Greer called for a vote on the nominations. Vote: The Board voted 4 to 1 to appoint Donald E. Harris to serve a three-year term on the Port, Waterway and Beach Commission with the term to expire February 28, 2008. Vote: The Board voted 3 to 2 to appoint Geoffrey A. Losee to serve a three-year term on the Port, Waterway and Beach Commission with the term to expire February 28, 2008. Vote: The Board voted 2 to 3 to appoint Ted Seawell to serve a three-year term on the Port, Waterway and Beach Commission. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 14, 2005 BOOK 30 PAGE 262 MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 5:51 p.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Greer reconvened to Regular Session at 6: 15 p.m. Non-Agenda Items Chairman Greer 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 Items Presented by Vice-Chairman Caster Vice-Chairman Caster reported that he attended the following meetings and events Continued meetings with County Engineer Greg Thompson on the water and sewer project on Darden Road and the Northside Waste Water Treatment Plant, lunch meeting at Corning, DSS Board Retreat, the Wilmington Downtown Annual Spring luncheon, the Elderhaus dinner, and the Lower Cape Fear Water and Sewer meeting. BREAK Chairman Greer called for a 25-minute break at 6:20 p.m. PUBLIC HEARING AND CONSIDERATION OF APPROVAL FOR THE SHERIFF'S OFFICE TO SUBMIT A JOINT APPLICATION WITH THE CITY OF WILMINGTON FOR 2005 JUSTICE ASSISTANCE GRANT FUNDS FROM THE U.S. DEPARTMENT OF JUSTICE Chairman Greer opened the Public Hearing and reported that the Sheriff's Office is requesting authorization to submit a joint application with the City of Wilmington for 2005 Justice Assistance Grant (JAG) funding from the U.S. Department of Justice. The JAG grant process requires a public hearing be held for discussion on the use of the funds. The New Hanover County Sheriffs Office and the Wilmington Police Department are certified as disparate agencies; FY2005 JAG funding in the amount of $136,433 is available to be split between these two law enforcement agencies with each receiving $68,216.50. A new Interlocal Agreement between New Hanover County and the City of Wilmington is required as part of the JAG grant process. There is no local match requirement for the County. The Sheriffs Office portion of the grant funding will be spent on law enforcement equipment. He asked if anyone wanted to comment on the grant request. Hearing no comments, Chairman Greer closed the public hearing and requested direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to approve the request to submit a joint JAG grant application with City of Wilmington. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to execute the required Interlocal Agreement between New Hanover County and the City of Wilmington, accept the grant funds if awarded, authorize the County Manager to sign the grant and interlocal agreement, and approve the associated budget amendment. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO CONSIDER REQUEST BY TIM TURNER ON BEHALF OF FRANCISCO BLANCO TO EXPAND THE SITE PLAN LOCATED AT 115 CATHAY ROAD FOR AN EXISTING CD (B-1) CONDITIONAL USE NEIGHBORHOOD BUSINESS DISTRICT (Z-521, 12/94,01/05) Chairman Greer opened the Public Hearing and announced that the Special Use Permit process requires a quasi-judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. The following persons were sworn in: Dexter Hayes Tim Turner Planning Director Hayes reported that Tim Turner, on behalf of Francisco Blanco, has requested to expand the site plan for an existing CD (B-1) Conditional Use Neighborhood Business District located at 115 Cathay Road and also having frontage on Carolina Beach Road. The Planning Board voted 7-0 for approval with the following conditions: 1) no outside storage is permitted; 2) buffering and landscaping shall be re-established to comply with current regulations; and 3) uses will need to be limited to the available parking. Planning Director Hayes presented the following findings offacts: 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 site is located in the Myrtle Grove VFD. B. County water and county sewer are available nearby. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 14, 2005 BOOK 30 PAGE 263 C. The District has frontage on Carolina Beach Road and Cathay Road. D. The proposed expansion will utilize access from Cathay Road 2. The Board must find that the use meets all required conditions and specifications of the zoning ordinance. A. A site plan pursuant to the requirements set forth for conditional zoning has been submitted B. The applicant has received a variance from the setback requirements adjacent to the Convenience food store property. C. All of the uses shown on the list of "Desired Uses," are permitted within the B-1 district. 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. A. The property directly abutting the subject property and the property across Cathay road is used for gas stations. B. Buffering is proposed to limit impact on nearby lots in Monterey Heights. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The property is within the Limited Transition land classification. The purpose of the Limited Transition class is to provide for development in areas that will have some services but at lower density than those associated with Urban Transition. B. Public utilities are available nearby. Tim Turner, representing Francisco Blanco, stated he agreed with the three conditions as recommended by the Planning Board. Hearing no further comments, Chairman Greer closed the public hearing and requested direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to grant a Special Use Permit to Tim Turner, on behalf of Francisco Blanco, located at 115 Cathay Road based on the evidence presented and Staff's findings of facts with the following conditions: 1) no outside storage is permitted; 2) buffering and landscaping shall be re-established to comply with current regulations; and 3) uses will need to be limited to the available parking. Upon vote, THE MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is hereby incorporated as part of the minutes and is contained in SUP Book III, Page 31.3. PUBLIC HEARING TO CONSIDER REQUEST BY WITHERS & RAVENEL FOR DAN PHELPS TO REZONE APPROXIMATELY 5.90 ACRES OF PROPERTY LOCATED AT 4702 SOUTH COLLEGE ROAD FROM CD (B-2) CONDITIONAL USE HIGHWAY BUSINESS TO R-15 RESIDENTIAL (Z-790, 01/05) Chairman Greer opened the Public Hearing and requested Planning Director Dexter Hayes to make the Staff presentation. Planning Director Hayes reported that Cindee Wolf with Withers & Ravenel has requested, on behalf of Dan Phelps, to rezone approximately 5.90 acres of property located at 4702 South College Road between the Vineyard Church and Still Meadow Village Apartments from Conditional Use Highway Business to R-15 Residential. The entire South College Road corridor between the City of Wilmington Corporate limits and Monkey Junction was zoned R-15 Residential with the exception of one small Neighborhood Business District. Despite significant pressure for strip-type commercial zoning along this busy corridor the subject property is the only commercial zoning established since 1969. Other residential uses are interspersed with institutional and high-density development along the corridor. Several Comprehensive Plan policies encourage the preservation of our major corridors. For these reasons Staff recommends approval of the rezoning to R -15 Residential. The Planning Board recommended approval by a vote of7-0. Cindee Wolfe with Withers & Ravenel stated that this is down zoning and requested approval. Hearing no further discussion, Chairman Greer closed the public hearing and requested direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to approve the request to rezone 5.90 acres of property located at 4702 South College Road from CD (B-2) Conditional Use to R-15 Residential. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA 4 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED, is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 4, Page 66.3. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 14, 2005 BOOK 30 PAGE 264 PUBLIC HEARING TO CONSIDER REQUEST BY WITHERS & RAVENEL REPRESENTING MAURICE EMMART ET AL FOR A SPECIAL USE PERMIT FOR A HIGH DENSITY RESIDENTIAL DEVELOPMENT LOCATED AT 4702 SOUTH COLLEGE ROAD IN AN R-15 RESIDENTIAL DISTRICT (S-525, 01/05) Chairman Greer opened the Public Hearing and announced that the Special Use Permit process requires a quasi-judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. The following persons were sworn in: Dexter Hayes Cindee Wolf Fred Teachey Maurice Emmart Planning Director Hayes reported that Cindee Wolf with Withers & Ravenel has requested, on behalf of Maurice Emmart, a Special Use Permit for a High Density Residential Development in an R-15 Residential District located at 4702 South College Road between the Vineyard Church and Still Meadow Village Apartments for an eighty-two unit high density development. The Planning Board, by a vote of 7-0, recommended approval of the project as submitted without a future road connection to the west. Planning Director Hayes presented the following findings offacts: 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 site is located in the Myrtle Grove VFD. B. City water and county sewer are available nearby. C. The site has direct access to South College Road that IS classified by the Thoroughfare Classification Plan as an Arterial Road 2. The Board must find that the use meets all required conditions and specifications of the zoning ordinance. A. A site plan that meets the requirements of the Zoning Ordinance has been submitted. B. No trees meeting the definition of significant trees exist on the site. C. A tree inventory has been conducted and is shown on the site plan. D. Prior to any development, detailed landscape and development plans in accordance with the applicable sections of the ordinance will be submitted. E. The primary entrance to the property is through an existing commercial driveway that aligns with a median crossover. The proposed entrance will be upgraded. F. According to the zoning ordinance a maximum density for the subject site is 102 units. The subject site plan proposes eighty-two units. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. The subject property is zoned R -15 Residential. B. High Density Development is permitted by special use permit in the R-15 District. C. The proposed project is adjacent to an existing High Density Development and an existing church. D. Other high-density projects exist to the north and south along the South College Road corridor. E. Adequate landscaping can be accommodated on site. F. No evidence has been presented that this project will decrease the value of adjoining property. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The 1999 Land Classification Plan identifies this area as Developed. 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. Most of the land within the City of Wilmington is designated as developed, except for some Urban Transition and Conservation areas. Density may exceed 2.5 units per acre within the developed class, depending upon local zoning regulations. B. Adjacent lands are already developed with high density residential. Commissioner Davis confirmed with Planning Director Hayes that the request is consistent with the Land Use Plan. Cindee Wolfe with Withers & Ravenel stated that the request before the Board is for less density than permitted and designed with care to the wetland areas. The issue of connecting to the sewer system is currently being addressed with the County Legal Department and Engineering Department. Chairman Greer confirmed with Ms. Wolfe that they agree to the Findings of Fact and conditions. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 14, 2005 BOOK 30 PAGE 265 Commissioner Pritchett confirmed with Ms. Wolfe that there is not a second access road but traffic circulation does exist. Hearing no further comments, Chairman Greer closed the public hearing and requested direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to grant a Special Use Permit to Withers & Ravenel, on behalf of Maurice Emmart, located at 4702 South College Road based on the evidence presented and Staff's Findings of Facts. Upon vote, THE MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is hereby incorporated as part of the minutes and is contained in SUP Book III, Page 31.4. PUBLIC HEARING TO CONSIDER REQUEST BY JAMES FREEMAN TO REZONE APPROXIMATELY 0.31 ACRE OF PROPERTY LOCATED AT 5016 CAROLINA BEACH ROAD FROM R-15 RESIDENTIAL TO B-2 HIGHWAY BUSINESS (Z-791, 2/05) Chairman Greer opened the Public Hearing and requested Planning Director Dexter Hayes to make the Staff presentation. Planning Director Hayes reported that James Freeman has requested to rezone approximately 0.31 acre of property located at 5016 Carolina Beach Road south of Silver Lake Road from R-15 Residential to B-2 Highway Business. At the time of zoning the boundary was generally established at a distance parallel to road right-of-ways. The existing B-2 Highway Business District line was established as a 300 foot offset from Silver Lake Road and 300 feet back from Carolina Beach Road without regard to property lines. The proposed rezoning will coincide with the existing property lines and should also include the adjoining Carolina Beach Road Right of Way to connect the district in a logical fashion. Staff recommends approval. After the case was introduced, Staff noted that the adjacent owners to the south (parcel number three and eight) filed a rezoning application and would like to be considered with the subject rezoning. The Planning Board voted 7-0 to include the two additional parcels, which adds 0.27 acre to the rezoning. Commissioner Davis confirmed with Planning Director Hayes that the request is consistent with the Land Use Plan. Hearing no further comments, Chairman Greer closed the public hearing and requested a motion from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to approve rezoning approximately 0.31 acre of property located at 5016 Carolina Beach Road from R-15 Residential to B-2 Highway Business, and to include parcels three and eight as recommended by the Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA 4 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED, is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 4, Page 66.4. PUBLIC HEARING TO CONSIDER REQUEST BY MIHALY-ClRELLO REPRESENTING CHARLES JOYCE FOR A SPECIAL USE PERMIT FOR A CONVENIENCE STORE IN AN AR AIRPORT RESIDENTIAL DISTRICT LOCATED IN THE NORTHERN CORNER OF THE INTERSECTION OF GORDON ROAD AND NORTH KERR AVENUE (S-526, 02/05) Chairman Greer opened the Public Hearing and announced that the Special Use Permit process requires a quasi-judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. The following persons were sworn in: Dexter Hayes Josh Mihaly Charles Joyce Matthew Giggey Benjamin Glisson Planning Director Hayes reported that Mihaly-Cirello, on behalf of Charles Joyce, is requesting a special use permit for a convenience store in an AR Airport Residential district located in the northern corner of the intersection of Gordon Road and North Kerr Avenue. One neighbor spoke in opposition, stating a concern about gasoline sales and underground storage tanks. After some discussion about the merits of the site, the Planning Board voted 7-0 to recommend approval with the condition that there will be no gasoline sales. The applicant has explained that they can live with the condition, however they feel the project would be more viable with gasoline sales. Planning Director Hayes presented the following findings offacts: 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. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 14, 2005 BOOK 30 PAGE 266 A. The site is located in the Wrightsboro VFD. B. The site is served by private well and County sewer. C. The site has direct access to Gordon Road and North Kerr Avenue that are both classified by the Thoroughfare Classification Plan as a Collector Road. 2. The Board must find that the use meets all required conditions and specifications of the zoning ordinance. A. A site plan that meets the requirements of the Zoning Ordinance has been submitted. B. Field observation indicates that there are trees on the site that meet the definition of significant trees and will likely be impacted by the proposed project. C. Prior to any development, a tree inventory, detailed landscape and development plans in accordance with the applicable sections of the ordinance will be submitted. D. There are two proposed entrances to the property through existing residential driveway locations. The proposed entrances will be upgraded per any NCDOT requirements. 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. A. The subject property is zoned AR Airport Residential. B. Convenience food stores with gasoline sales are permitted by special use permit within the AR District. C. The subject property is approximately 1.3 acres. The AR district is limited to one dwelling unit per acre. D. Traffic counts performed in 2003 by the Metropolitan Planning Organization at this location indicate that there are approximately 13,715 average daily trips on North Kerr and 6,199 average daily trips on Gordon Road. E. There are a variety of single-family houses and mobile homes in the area and landscape buffering will be provided to protect the adjacent residents from any negative effects of the project. F. The current property owner lives directly across from the subject property. G. No evidence has been presented that this project will decrease the value of adjoining property. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The 1999 Land Classification Plan identifies this area as Urban Transition. The purpose of the Urban Transition class is to provide for future intensive urban development on lands that have been or will be provided with necessary urban services. B. Neighborhood convenience stores are allowed by special use permit in residential areas. Commissioner Davis confirmed with Planning Director Hayes that the request is consistent with the Land Use Plan. Commissioner Kopp clarified with Planning Director Hayes that the Planning Board felt if the convenient store could survive without gasoline sales that would make it more compatible to the surrounding residential zoning. Commissioner Pritchett stated her concern about the increase in vehicle traffic and that there were no sidewalks to accommodate pedestrian traffic. Josh Mihaly, representing Charles Joyce, stated that Mr. Joyce lives across the street from the subject property and has been trying to sell the subject property for the past three years. He has had a vision for this type of use in this area as an asset to the community. A substantial buffer has been planned and the petitioner is willing to abide by the Planning Board's recommendation that there be no gasoline sales. Charlie Joyce, the petitioner, stated he has spoken to numerous people and received positive feedback for the proposed project that it would be a convenience to the community. Matthew Giggey stated that he is working with Mr. Joyce and encouraged the Board to include the gas pumps in the special use permit. Benjamin Glisson stated that he owns rental property adjacent to the proposed project and is opposed to the request. The proposed project is in the wrong place due to an increase in traffic, signage, bright lights, an increase in youth traffic, storm water runoff and potential problems renting his property that is located next to the subject property. Vice-Chairman Caster clarified with Planning Director Hayes that Mr. Glisson did attend the Planning Board meeting but his presentation was not as detailed. Matthew Giggey stated that he disagreed with Mr. Glisson's assessment that the proposed project would cause a decrease in the surrounding property values. On behalf of Mr. Joyce, he has approached Mr. Glisson to purchase his property. Hearing no further comments, Chairman Greer closed the public hearing and requested direction from the Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 14, 2005 BOOK 30 PAGE 267 Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to continue the item to the Board's April 4, 2005 meeting to allow the parties to workout a mutual agreement concerning the Special Use Permit for a convenience store with no gasoline sales in an AR Airport Residential District located in the northern corner of the intersection of Gordon Road and North Kerr Avenue. Upon vote, THE MOTION CARRIED UNANIMOUSLY. Chairman Greer, on behalf of the Board, encouraged the petitioner to work with Mr. Glisson to resolve his concerns. PUBLIC HEARING ON THE 2005 ISSUE OF SCHOOL AND COMMUNITY COLLEGE BONDS Chairman Greer opened the Public Hearing and requested the Clerk to the Board to give her report on the bond orders. Clerk to the Board Sheila Schult reported that: The bond orders entitled, "BOND ORDER AUTHORIZING THE ISSUANCE OF $123,000,000 SCHOOL BONDS OF THE COUNTY OF NEW HANOVER," and "BOND ORDER AUTHORIZING THE ISSUANCE OF $27,000,000 COMMUNITY COLLEGE BONDS OF THE COUNTY OF NEW HANOVER," which were introduced on February 21, 2005, were published in a qualified newspaper on February 24, 2005, with notice that the Board would hold public hearings thereon on March 14,2005. The County's Finance Officer filed in the Clerk's office a statement of debt complying with the provisions of The Local Government Bond Act and such statement as filed showed the net indebtedness of the County to be 1.92% of the assessed valuation of property in said County subject to taxation. Chairman Greer called for a motion to proceed with the public hearing on the school bond issue. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to proceed with the public hearing on the school bond issue. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer announced that the Board would now hear anyone who wishes to be heard on the questions of the validity of the school bond order and the advisability of issuing the bonds. Donna Girardot, CEO of Business Alliance for a Sound Economy (BASE) which represents the Wilmington Cape Fear Homebuilders Association and the Wilmington Regional Association of Realtors in New Hanover County stated that the BASE Board of Directors met on February 9, 2005 and voted to support the $123,000,000 school bond and the $27,000,000 community college bond. The viability of our local school system is an important component in maintaining the quality of life that people find attractive. Our schools continue to playa major part in the future of our area. Our industries receive direct benefits from the local community college system. CFCC is a leading training and education facility for industries relocating to southeast North Carolina and helps our region remain economically competitive. Don Hayes, Chairman of the Board of Education, clarified that if approved, the funds will provide for a new elementary and new middle school in the northern part of the county as well as the purchase of land for future schools, along with renovations to Ogden Elementary and other existing schools. Stephanie Fulcher, Ogden Elementary PT A President, spoke in support of the school bond order. Patti Jenkins, Forest Hill Elementary School parent, spoke in support of the school bond order and thanked the Board for their support. Delores Moore, President of the New Hanover County Branch NAACP, spoke on her opposition to the bond order to build more schools where relatively few black families reside. She stated her opposition to the New Hanover County Board of Education's vote for a Success Center. Tax dollars should not be used to continue the failure of the school system to educate all of the children. Patricia Delair, property owner, stated her opposition to the bond order for the community college. She listed three issues of concern: the downtown expansion, the size of the bond request including funds for land purchases, and property taken from private citizens by imminent domain. She stated that the community college needs to focus their attention on education not land speculation. Chairman Greer requested the Clerk to the Board Schult to read said bond order and the published notice of hearing. Clerk to the Board Schult reported that: NOTICE OF PUBLIC HEARING "BOND ORDER AUTHORIZING THE ISSUANCE OF $123,000,000 SCHOOL BONDS OF THE COUNTY OF NEW HANOVER" The bonds would be sold as needed to fund the cost of the projects. The bonds would likely be issued over a six-year period, beginning in December 2005. The County would sell bonds after contracts for construction are NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 14, 2005 BOOK 30 PAGE 268 signed. Preliminary plans indicate the funds would provide for a new elementary and new middle school as well as the purchase of land for future schools. Additionally, Ogden Elementary would undergo a major renovation as well as other renovations to existing schools. Chairman Greer called for a motion to close the public hearing on the school bond issue. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to close the public hearing on the school bond issue. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer asked for a motion that the Board adopt without change or further amendment and direct the Clerk to the Board of Commissioners to publish as prescribed by The Local Government Bond Act the bond order entitled, "BOND ORDER AUTHORIZING THE ISSUANCE OF $123,000,000 SCHOOL BONDS OF THE COUNTY OF NEW HANOVER" introduced at the meeting of the Board of Commissioners held on February 21, 2005 and heretofore amended. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to adopt without change or further amendment and direct the Clerk to the Board of Commissioners to publish as prescribed by The Local Government Bond Act the bond order entitled, "BOND ORDER AUTHORIZING THE ISSUANCE OF $123,000,000 SCHOOL BONDS OF THE COUNTY OF NEW HANOVER" introduced at the meeting of the Board of Commissioners held on February 21,2005 and heretofore amended. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer requested a motion to proceed with the public hearing on the community college bond Issue. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to proceed with the public hearing on the community college bond issue. Upon vote, THE MOTION CARRIED UNANIMOUSLY. Chairman Greer announced that the Board will now hear anyone who wishes to be heard on the questions of the validity of the community college bond order and the advisability of issuing the bonds and requested the Clerk to the Board Schult read said bond order and the published notice of hearing. Clerk to the Board Schult reported: NOTICE OF PUBLIC HEARING "BOND ORDER AUTHORIZING THE ISSUANCE OF $27,000,000 COMMUNITY COLLEGE BONDS OF THE COUNTY OF NEW HANOVER" The bonds would be sold as needed to fund the cost of the projects. The bonds would likely be issued over a six-year period, beginning in December 2005. The County would sell bonds after contracts for construction are signed. Preliminary plans indicate the funds would be spent to construct a new 100,000 square foot building for classrooms and laboratories for general education, vocational/technical programs, as well as expansion of health science programs for the downtown campus. The existing downtown Schwartz Center will be expanded as well. Chairman Greer asked if there was anyone in the audience who would like to be heard on this matter. Dr. Eric McKeithan, President of Cape Fear Community College, clarified that none of the currently proposed bonds is for acquisition of property. Land acquisitions are from a previous bond referendum. He spoke on requests for increased programs, training programs and enrollment and the need for continued funding for the community college. Hearing no further public comment, Chairman Greer called for a motion to close the public hearing on the community college bond issue. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to close the public hearing on the community college bond issue. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer asked for a motion that the Board adopt without change or further amendment and direct the Clerk to the Board of Commissioners to publish as prescribed by The Local Government Bond Act the bond order entitled, "BOND ORDER AUTHORIZING THE ISSUANCE OF $27,000,000 COMMUNITY COLLEGE BONDS OF THE COUNTY OF NEW HANOVER" introduced at the meeting of the Board of Commissioners held on February 21,2005 and heretofore amended. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to adopt without change or further amendment and direct the Clerk to the Board of Commissioners to publish as prescribed by The Local Government Bond Act the bond order entitled, "BOND ORDER AUTHORIZING THE ISSUANCE OF $27,000,000 COMMUNITY COLLEGE BONDS OF THE COUNTY OF NEW HANOVER" introduced at the meeting of the Board of Commissioners held on February 21, 2005 and heretofore amended. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 14, 2005 BOOK 30 PAGE 269 Chairman Greer requested a motion that the Board adopt the resolution approving the questions whether the qualified voters of the County of New Hanover shall approve or disapprove (a) the indebtedness to be incurred by the issuance of the bonds of the County authorized by said bond orders, which indebtedness shall be secured by a pledge of the County's faith and credit, (b) the levy of a tax for the payment thereof, and (c) said bond orders shall be submitted to the qualified voters of said County at an election to be held in said County on May 10, 2005 and authorizing and directing the Clerk to the Board of Commissioners to publish a notice of said election. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to adopt the resolution approving the questions whether the qualified voters of the County of New Hanover shall approve or disapprove (a) the indebtedness to be incurred by the issuance of the bonds of the County authorized by said bond orders, which indebtedness shall be secured by a pledge of the County's faith and credit, (b) the levy of a tax for the payment thereof, and (c) said bond orders shall be submitted to the qualified voters of said County at an election to be held in said County on May 10, 2005 and authorizing and directing the Clerk to the Board of Commissioners to publish a notice of said election. Upon vote, THE MOTION CARRIED UNANIMOUSLY. A copy of the resolution and bond orders are hereby incorporated as part of the minutes and are contained in Exhibit Book XXIX, Page 17.5. ADJOURNMENT There being no further business, Chairman Greer adjourned the meeting at 8:30 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board