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2004-03-22 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MARCH 22, 2004PAGE 941 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, March 22, 2004, at 9:00 a.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 Julia Boseman; Commissioner William A. Caster; Commissioner Ted Davis, Jr; Commissioner Nancy H. Pritchett; County Manager, Allen O’Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Greer called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Director of Human Relations Carl A. Byrd, Sr. gave the invocation. Commissioner Pritchett 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. Commissioner Caster requested removal of Consent Agenda Item 9 for further discussion. Commissioner Pritchett referenced the appointments to the Adult Care Home Community Advisory Committee and the Nursing Home Community Advisory Committee and expressed concern for the lack of applications received when vacancies are advertised. She requested anyone interested in serving on these committees to contact the Clerk to the Board. Hearing no further comments, Chairman Greer called for a motion to approve the Consent Agenda. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Boseman, to remove Item 9 for further discussion and approve the remaining 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 Closed Sessions as presented by the Clerk to the Board: Closed Session, March 24, 2003 Closed Session, May 19, 2003 Closed Session, August 4, 2003 Closed Session, August 26, 2003 Closed Session, October 20, 2003 Closed Session, November 3, 2003 Closed Session, November 17, 2003 Reappointment of Elizabeth Coleman and Dollie Polock to Serve on the Adult Care Home Community Advisory Committee The Commissioners reappointed Elizabeth Coleman and Dollie Polock to serve three-year terms on the Adult Care Home Community Advisory Committee with the terms to expire February 28, 2007. Both applicants were eligible for reappointment. Reappointment of Mary Ann Lewis and Donald E. Price to Serve on the Nursing Home Community Advisory Committee The Commissioners reappointed Mary Ann Lewis and Donald E. Price to serve three-year terms on the Nursing Home Community Advisory Committee with the terms to expire March 31, 2007. Both applicants were eligible for reappointment. Adoption of Resolution Awarding Bid # 04-0226 and Approving Contract # 04-0226 for the Purchase of Gas Masks from SAFECO, Inc. - Emergency Management Department The Commissioners adopted a resolution awarding the lowest responsible bid to SAFECO, Inc. in the amount of $132,712.71 for purchase of gas masks for the Emergency Management Department. The contract establishes fixed unit prices for the next twelve months for any additional purchases needed. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXVIII, Page 25.6. A copy of the contract is on file in the Legal Department. Acceptance of Community Emergency Response Team (CERT) Grant and Approval of Associated Budget Amendment # 04-0173Emergency Management Department - The Commissioners accepted the Community Emergency Response Team (CERT) grant in the amount of $33,830 and approved associated budget amendment # 04-0173. The County Manager was authorized to sign the necessary grant documents. The funds will be used for developing, training, equipping and maintaining local Community Emergency NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MARCH 22, 2004PAGE 942 Response Teams. There is no required match. Budget Amendment #04-0173-Emergency Management Adjustment DebitCredit NC Crime Control & Public Safety Grant$33,830 Contracted Service$ 9,073 Printing$ 3,820 Departmental Supplies$15,993 Training and Travel$ 2,444 Capital Outlay$ 2,500 Explanation: To establish a budget for CERT grant awarded to Emergency Management. Acceptance of Additional CDC Control TB Aid-to-Counties State Grant Funds and Approval of Associated Budget Amendment #04-0174- Health Department The Commissioners approved and accepted the additional CDC Aid-to-Counties State grant funding in the amount of $10,000 and approved associated budget amendment #04-0174. The funds will be used by the New Hanover County Health Department for additional support for the existing Tuberculosis Program. These funds must be expended by May 31, 2004. Budget Amendment # 04-0174 - Health Department Adjustment Debit Credit Tuberculosis: TB Health Grant$10,000 Contracted Services$2,000 Departmental Supplies$8,000 Explanation: To budget additional state grant funding from the North Carolina Department of Health and Human Services, General Communicable Disease Branch, to support existing Tuberculosis program activities. Acceptance of NC Safe Kids Buckle Up Program Grant and Approval of Associated Budget Amendment # 04- 0175 Health Department - The Commissioners accepted $3,500 in grant funding from the NC Department of Insurance Office of the State Fire Marshal to purchase child safety seats for use in the NC Safe Kids Buckle Up Program and approved associated budget amendment #04-0175. These seats must be purchased and invoiced by April 30, 2004. Budget Amendment #04-0175-Health Department Adjustment Debit Credit Health Education: Safe Kids Coalition$3,500 Departmental Supplies$3,500 Explanation: Child Safety Seat grant funding received from the NC Safe Kids Coalition to support the NC Safe Kids Buckle Up Program. Funding will be used exclusively to purchase10 infant seats, 45 convertible seats, and 30 combination seats. Award of Low Bid to Integrity Builders, LLC for Cape Fear Museum Gallery and Break Room Renovations The Commissioners awarded the low bid for renovation of Cape Fear Museum Gallery and break room to Integrity Builders, LLC in the amount of $82,905. On February 26, 2004, bids were received for the renovations and the apparent low bidder for this project was Integrity Builders, LLC, with a bid amount of $93,536. After negotiating on Alternate #2, the cost proposed by Integrity Builders was reduced to $82,905. The Chairman was authorized to execute the necessary contract documents. A copy of the contract is on file in the Legal Department. Release of Tax Values The Commissioners approved Senior Citizen/Disability Exclusions for the following taxpayers: Grady, Foster Life Estate$107,354 Paulter, Mattie O.$ 48,167 Acceptance of Tax Collection Reports Through February 29, 2004 The Commissioners accepted the following Tax Collection Reports through February 29, 2004 as submitted by the Collector of the Revenue, Patricia J. Raynor: New Hanover County Fire District New Hanover County Copies of the Tax Collection Reports are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXVIII, Page 25.7 NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MARCH 22, 2004PAGE 943 Approval of Budget Amendment # 2004-40-Sheriff’s Office The Commissioners approved the following budget amendment: Budget Amendment # 2004-40-Sheriff’s Office AdjustmentDebitCredit Administration: Transfer in from Capital Projects$2,065 Support Services: Salaries and Wages$2,065 Controlled Substance Tax: Capital Project Expense $2,065 Transfer to General Fund$2,065 Explanation: Transfer of Funds from Fund 347 (Controlled Substance Tax) to cover the remainder of FY 03-04 cost for a position reclassification. Controlled Substance Tax funds must be used for law enforcement purposes as the Sheriff deems necessary. Approval of Budget Amendment # 2004-42-Sheriff’s Office The Commissioners approved the following budget amendment: Budget Amendment #2004-42-Sheriff’s Office AdjustmentDebitCredit Federal Forfeited Property: Federally Forfeited Property$7,142 Capital Project Expense$7,142 Explanation: To increase budget for additional revenue received on February 4, and March 3, 2004. Federal Forfeited Property funds are budgeted as received and must be used for law enforcement as the Sheriff deems necessary. DISCUSSION OF REVISED PARK FEES AND USE POLICIES- CONSENT AGENDA ITEM 9 - PARKS DEPARTMENT Chairman Greer asked if anyone from the audience would like to comment on the revised park fees and use policies. Mr. Jeff Stokely, President of the Wilmington Metro Sports Commission requested the Board to allow their newly formed organization to meet with staff and review the park fees and use policies before adoption by the Board. He explained that the organization’s goal is to work with the local municipalities and County government to establish a fair fee schedule and use policies for recreational, competitive and professional sports events to be held in these public facilities. Motion: After discussion of the need to allow more time for further review and public input, Vice-Chairman Boseman MOVED, SECONDED by Commissioner Caster, to table this issue until the April 5, 2004 regular meeting of the Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. PRESENTATION OF NEW HANOVER COUNTY RETIREMENT PLAQUES County Manager O’Neal requested the following employees to step forward to receive retirement plaques: Mary F. Gaskin, Fiscal Support Spec., Tax Dept.28 Years of Service Frances S. Chamblee, Elections Director19 Years of Service Emily V. Mack, Accountant, Finance Department 31 Years of Service William C. Clontz, Information Technology Director 14 Years of Service On behalf of the Board, Chairman Greer presented a plaque to each employee and expressed appreciation to them for their dedicated years of service to New Hanover County. PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager O’Neal requested the following employees to step forward to receive service awards: Five Years: Susann C. Thompson - Information Technology Andrea Carson - Health Dept. Elisabeth Constandy - Health Dept. Wendy Exposito - Aging Services Fifteen Years: Cheryl Hoffman - Aging Services On behalf of the Board, Chairman Greer presented a service award to each employee and expressed appreciation to them for their dedicated service to New Hanover County. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MARCH 22, 2004PAGE 944 INTRODUCTION OF SHEILA SCHULT, INCOMING CLERK TO THE BOARD OF COUNTY COMMISSIONERS Chairman Greer introduced Sheila Schult, who began her new duties as Clerk to the Board of County Commissioners on March 8, 2004. Ms. Schult will replace Lucie F. Harrell, who will retire from New Hanover County Government April 1, 2004. Ms. Schult's most recent position was Senior Administrator, Office of Growth Management, with the Wake County Public School System. RECOGNITION OF RETIRING CLERK TO THE BOARD OF COMMISSIONERS, LUCIE F. HARRELL Chairman Greer recognized Lucie F. Harrell for 22 years of outstanding service to the Board of County Commissioners and the citizens of New Hanover County. On behalf of the Board, Chairman Greer presented to Ms. Harrell a gift in recognition of her service. INTRODUCTION OF NEW PRESIDENT AND CEO OF NEW HANOVER REGIONAL MEDICAL CENTER Vice-Chairman Boseman introduced Dr. Jack Barto, Jr., who began his position as CEO/President of New Hanover Health Network on February 2, 2004. Dr. Barto most recently served as CEO/President at Provena Mercy Center in Aurora, Ill., part of a seven-hospital system. On behalf of the Board, Chairman Greer welcomed Dr. Barto to New Hanover County and stated that the Commissioners look forward to working with him. RECOGNITION OF NEW EMPLOYEES County Manager O’Neal requested the following new employees to stand and be introduced: Sheila Schult - Governing Body Althea Johnson - Health Department Renae Lopez - Health Department Benjamin Stephens - Property Management Ryan Mohr - Property Management Celina Olds - Social Services Erika Rosario - Social Services Isabelle Thompson - Social Services Gwen Lamanna - Social Services John Barrett - Tax Department On behalf of the Board, Chairman Greer welcomed the new employees to County government and wished them success in their new positions. ANNUAL FINANCIAL REVIEW OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FISCAL YEAR ENDED JUNE 30, 2003 As part of the completion of the annual audit, Finance Director Bruce Shell presented a brief presentation and reported that the data presented in the Comprehensive Annual Financial Report for the year ended June 30, 2003 was accurate and fairly reflects the results of operations and the County’s strong financial position. He advised that the audit was conduced by McGladrey and Pullen, LLP to ensure compliance to federal and state standards. In conjunction with this presentation, Mr. Lou Cannon of McGladrey Pullen, LLP presented the auditor's perspective to the Board of County Commissioners and reported that all Basic Financial Statements were performed in accordance with Government Auditing Standards. He informed the Board that New Hanover County was in a sound financial position and stated that all indications point to continued growth in the future. After hearing no comments from the Board, Chairman Greer complimented the Finance Director and Staff for excellent management of the County’s finances during the past year. MASON INLET PROJECT UPDATE ON INLET CONDITIONS AND CONSIDERATION OF CHANGE ORDER TO CONTRACT #02-0379 WITH GAHAGAN & BRYANT ASSOCIATES, INC. Mr. Chris Gibson, Consulting Engineer with Gahagan & Bryant, presented an update on the inlet performance to date and explained what activities are currently being considered for maintenance. As required by permit, New Hanover County must perform all necessary dredging in order to maintain the location of Mason Inlet. Gahagan & Bryant Associates has developed an alternative dredging scheme from the one defined in the permitted inlet management plan. The proposed dredging scheme is less extensive than the original plan and is expected to cost less. County staff has worked extensively with the Mason Inlet Preservation Group (MIPG) on the proposed alternative plan. It is critical to note that: 1) the proposed alternative plan will reduce costs and impacts; 2) will provide maximum flexibility to the County in selecting maintenance measures in the future; and 3) the County can delay a decision on what maintenance action, if any, must be taken until the Fall. The cost to modify the Inlet Management Plan is $327,950. This figure includes the cost of all engineering and environmental services required for permit acquisition and biological monitoring. These services include the necessary monitoring and surveying required regardless of what maintenance action is taken, and the efforts necessary to reduce or eliminate certain permit conditions for the County in the future. Assistant County Manager Weaver explained that the reason for the revised change order was the need to have lead time to modify the permit if it is determined that dredging is needed. Staff will work closely with the Figure 8 Island Homeowners Association to coordinate plans for dredging if necessary, and the Mason Inlet Preservation Group supports the proposed change order. The revised change order includes the permit modification at a cost of $100,000, NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MARCH 22, 2004PAGE 945 continuous monitoring of the site conditions, construction and administration costs, which will allow the County to address the worse case scenario. In concluding his remarks, Assistant County Manager Weaver advised that Mr. Frank Pinkston, Chairman of the Mason Inlet Preservation Group (MIPG) was present and would like to speak. Mr. Pinkston informed the Board that his group attended several separate meetings to review the proposal. As it stands now, the cost of this project would be passed to members of the MIPG through assessments. After the initial assessment of $6.8 million, the current outstanding debt to MIPG members is around $2 million; therefore, it is hard for these members to agree to an increase in their debt for more engineering studies. The consensus of the MIPG Committee was that no additional maintenance dredging needs to be done on the Wrightsville Beach side of the inlet at this time. This is also a situation where Figure 8 Island homeowners want sand for re-nourishing their beach, and it has been said that this preempted type of dredging would help stabilize the shoreline of Figure 8 Island. This means that Figure 8 Island homeowners would gain the benefit from the proposed alternative plan and should pay for the project since the original purpose of the project was to protect properties located at the north end of Wrightsville Beach. In discussion of the cubic yards of sand needed by Figure 8 Island, Mr. Gibson informed the Board that 50,000 cubic yards would be needed at a cost of $5.50 per cubic yard which was not sufficient to pay for the project. Chairman Greer noted that if Figure 8 Island needs sand, the sand should be sold them; however, the MIPG is concerned about being assessed for the engineering cost which will be more than revenue received from selling the sand. Commissioner Davis advised that if maintenance dredging is done on the Figure 8 Island side, it will help to stabilize the inlet and keep it from moving south toward Shell Island which will benefit those property owners. Chairman Davis asked Mr. Pinkston if he thought the members of the MIPG would be willing to work with the County and the Figure 8 Island Homeowners Association when a proposal is formulated. Mr. Pinkston responded that the MIPG would work with the parties involved. Assistant County Manager Weaver explained that the decision concerning the costs did not need to be made today; however, the Board should consider the change order to the contract with Gahagan & Bryant Associates, Inc. so the County can more forward. He noted that out of the $360,950 cost, $196,000 was for construction management which means that next winter the land based dredging part of the contract can be performed at a lesser cost. He again noted that the consensus of the MIPG was to support the budget amendment. Mr. Pinkston responded that the MIPG supported the budget amendment with the condition that Figure 8 Island homeowners assume the cost of the preempted type dredging since Figure 8 Island would be the primary beneficiary. After hearing no further comments, Chairman Greer requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Boseman, to approve the change order to Contract #02-0379 with Gahagan & Bryant Associates Inc. and approve the associated budget amendment in the amount of $360,950 which includes a 10% contingency. All cost for this work is to initially be paid for from the Room Occupancy Tax Fund and the County will receive reimbursement through assessment of the benefitted property owners. Upon vote, the MOTION CARRIED UNANIMOUSLY. Budget Amendment #2004-38-Mason Inlet/Room Occupancy Tax Adjustment Debit Credit Mason Inlet - Maintenance Transfer in from ROTS$360,950 Extended Project Expense$360,950 Room Occupancy Tax Appropriate Fund Balance$360,950 Transfer to Capital Projects$360,950 A copy of the change order is on file in the Legal Department. BREAK: Chairman Greer called a five minute break. PRESENTATION ON THE MAYOR’S CONVENTION CENTER TASK FORCE Chairman Greer welcomed Mr. Dale Smith, Chairman of the Convention Center Task Force, and requested him to present an update on the activities of the Task Force. Mr. Smith reported that after reviewing both the north and south sites for the Wilmington Convention Center, the Task Force will recommend the north site as the preferred site to the City Council at its April meeting. The preferred north site will have more room for expansion and for future river front development. Traffic flow problems have already been addressed by the City. The north site would allow for a 249 room hotel, along with a100-room expansion of Coast Line Inn. The Chamber of Commerce building will remain as is on the current site. The City’s share for the north site would be an estimated $31.7 million as compared to the south site of $36.3 million. Private share cost of the north site would be an estimated $38.8 million as compared to the south site of $27.2 million. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MARCH 22, 2004PAGE 946 Land purchase and contracts are proposed to be finalized in fall 2004. Ground breaking is tentatively set for spring 2005, and opening for business for following spring of 2006. The Task Force will remain in place through contract negotiations and purchase. In closing, Mr. Smith requested the Board to support the Convention Center project. On behalf of the Board, Chairman Greer expressed appreciation to Mr. Smith for the informative update. Chairman Greer referenced a letter received by Wilmington’s Mayor Spence Broadhurst asking for a member of the County Commissioners or a named representative to serve on the Mayor’s Convention Task Force. Commissioner Caster agreed to serve, and it was the consensus of the Board to appoint him as the Commissioner Representative. CONSIDERATION OF NC COASTAL LAND TRUST PROPERTY DONATION Director of Parks Neal Lewis introduced Camilla Herlevich, Director of North Carolina Coastal Land Trust to speak about the Land Trust donation. Ms. Herlevich reported that the Land Trust is considering the acquisition of two parcels of property on the Cape Fear River and is considering transfer of ownership of these properties to New Hanover County. The land encompasses the Barnard's Creek (acreage negotiable) and Lord's Creek (144 acres) intersections with the Cape Fear River, and some adjacent lands. The land will be held by the County for the purposes of conservation and passive recreation. There is potential for very limited development of parking spaces and launch sites for small watercraft (i.e. canoes, kayaks) at each location. Along with the existing River Road Park, this will create an opportunity to offer a Cape Fear River "trail" with three water access sites. There is also the potential to extend this concept to incorporate properties owned by the County along Masonboro Sound. There is no request at this time for County funding to develop passive recreation facilities. The New Hanover County Parks and Recreation Advisory Board adopted a motion at its March 3, 2004 meeting approving this plan and recommending to the Board of County Commissioners that they accept this transfer of ownership to the County for the purposes stated. After discussion, Chairman Greer requested direction from the Board. Motion: Vice-Chairman Boseman MOVED, SECONDED by Commissioner Pritchett, that New Hanover County accept ownership of the proposed properties from the NC Coastal Land Trust subject to the properties being acquired by the Land Trust and being offered to the County for use as conservation and passive recreation whenever possible. Upon vote, the MOTION CARRIED UNANIMOUSLY. On behalf of the Board, Chairman Greer expressed appreciation to Ms. Herlevich and the N. C. Coastal Land Trust for the time given to acquire these properties and donate the land to the County. CONSIDERATION OF ADOPTION OF RESOLUTION AND INTERLOCAL AGREEMENT TO ESTABLISH THE CAPE FEAR PUBLIC TRANSPORTATIONAUTHORITY Chairman Greer introduced Christine McNamee, Chair of the Wilmington New Hanover Transportation Agency to make a presentation regarding the public transportation system. Ms McNamee reported that the next step in establishing the Cape Fear Public Transportation Authority is for the City and County to adopt a Concurrent Resolution and approve the Interlocal Agreement to jointly fund and support operation of the Authority. In discussion of the difference between the Resolution and Interlocal Agreement, Deputy County Attorney Kemp Burpeau clarified that the Resolution was the broader outline establishing the Authority and the Interlocal Agreement would be in place to address the specifics. In any conflict situations, the Resolution would have precedent over the Interlocal Agreement. Vice-Chairman Boseman spoke in favor of the Authority and for the need to expand public transportation to citizens who desperately need this service. Hearing no further comments, Chairman Greer called for a motion from the Board. Motion: Vice-Chairman Boseman MOVED, SECONDED by Commissioner Pritchett, to adopt a Concurrent Resolution between the Wilmington City Council and the New Hanover County Board of Commissioners to create the Cape Fear Public Transportation Authority and to approve the Interlocal Agreement to jointly fund and support the operation of the Authority. The Chairman was authorized to execute the necessary documents. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXVIII, Page 25.8. A copy of the Interlocal Agreement is on file in the legal department. UPDATE ON JOINT TRAINING FACILITY FOR FIRE SERVICES Fire Chief Donnie Hall presented an update on the joint training facility for Fire Services reporting that a site has been selected on the north campus of Cape Fear Community College (CFCC). Three architectural firms are currently under consideration. Existing funds in the amount of $3 million are in place from the CFCC Higher Education Bonds that were approved in 2000. A preliminary estimate of County funds needed is between $1.5 to $2 million with the possibility of additional outside funding lowering this amount. At the earliest, these funds will not be needed until July 2005. Currently the closest training facility is located near the Charlotte area. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MARCH 22, 2004PAGE 947 After receiving no further comments, Chairman Greer expressed appreciation to Fire Chief Hall for the informative update. LUNCHBREAK Chairman Greer called a break from 12:30 p.m. until 1:30 p.m. COASTAL AREA MANAGEMENT ACT COMPREHENSIVE LAND USE PLAN UPDATE(CAMA) Staff Planner Chris O’Keefe reported that the New Hanover County and the City of Wilmington have started updating the Coastal Area Management Act (CAMA) Comprehensive Land Use Plan. The Board has reviewed and adopted the County Citizen Participation Plan (CPP) which will be used to guide City and County staff through the overall CAMA Land Use Plan update. The CPP fulfills requirements set forth in 15A NCAC 7L .0506 by designating a lead planning group and defining the methods to be used for reporting information and gathering public input. An advisory panel will be helping to guide the planning team through the planning process. This panel will be composed of eight members which include two appointments from each of the following boards: New Hanover County Board of Commissioners, Wilmington City Council, Wilmington Planning Commission and the New Hanover County Planning Board. Appointments may include one member of the appointing board and should include at least one member from the public at-large representing diverse interests. The projected completion of the CAMA Land Use Plan update should be presented to the City Council and Board of County Commissioners for final approval in April 2005. In discussion of whether to advertise the two at-large appointments, one for the Planning Board and one for the Board of County Commissioners, Planning Director Hayes advised that he did not feel the Planning Board would have a problem with advertising the two at-large positions. He offered to check with the members of the Planning Board and report back to the Clerk to the Board so the positions could be advertised in April and appointed in May 2004. There being no further comments, Chairman Greer expressed appreciation to Mr. O’Keefe for the informative presentation. UNIFIED DEVELOPMENT ORDINANCE (UDO) UPDATE Planning Director Dexter Hayes reported that since the last update to the Board in November, the UDO Committee has spent most of its meetings revising the tree preservation requirements of the County Landscaping Ordinance. He advised that a final draft of the changes would be completed by June 30, 2004. Planning Director Hayes also noted that the Consultant will focus first on Residential Zoning Districts which is scheduled to be discussed at the UDO Committee scheduled on March 24, 2004. This will be followed by the Commercial and Industrial District requirements, Environmental Regulations, Table of Uses, Definitions and General Use and Development Standards. It appears that much of the Consultant's work has been rewriting the 20 year-old City Ordinance. The benefit to the County will be the opportunity to adopt uniform standards for certain districts and regulations that can be applied in both jurisdictions. After discussion, Chairman Greer expressed appreciation to Planning Director Hayes and members of the UDO Committee for the time and effort given to develop the Unified Development Ordinance. PRESENTATION ON NATURAL AREA INVENTORY OF NEW HANOVER COUNTY Staff Planner Chris O’Keefe reported that New Hanover County contracted with Dr. Richard LaBlond and the North Carolina Natural Heritage Program to determine whether all or portions of the County contain significant ecological resources, such as habitat for rare species, high quality natural communities or important wildlife habitats worthy of conservation status and to document those significant ecological resources. Dr. LaBlond presented a summary of the inventory and his findings regarding the County's ecological resources. Inventory results included 25 natural areas; 19 national, state or regional significance; 6 county significance; ndth 76 rare animals, the 2 highest in NC; 70 rare plants, the 11 highest in NC. This information will be used in future planning and zoning issues. On behalf of the Board, Chairman Greer expressed appreciation to Dr. LaBlond for the informative report. MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 1:54 p.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Greer reconvened to Regular Session at 2:16 p.m. BOARD OF EQUALIZATION AND REVIEWMEETING SCHEDULED FOR MAY 3, 2004 Tax Administrator Robert Glasgow advised that since the Board of County Commissioners sits as the Special Board of Equalization and Review (BE&R) to carry out the duties outlined in NCGS 105-322 pertaining to appeals of value, a meeting has to be scheduled no earlier than the first Monday in April and no later than the first Monday in May. The BE&R must convene to hear taxpayers who appeal the value of their property or appeal with respect to the listing and appraisal of property of others. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Boseman, to schedule the first meeting of the Board of Equalization and Review on May 3, 2004, at 5:30 p.m. in the Assembly Room of the New Hanover County Historic Courthouse, 24 North Third Street, Wilmington, N. C. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MARCH 22, 2004PAGE 948 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. Director of the Wilmington Film Commission Johnny Griffin requested the Board to provide an additional incentive of $250,000 to keep the television series One Tree Hill in Wilmington for another season of 23 episodes. No payment will be required until the 23 episodes are finished being filmed and contract conditions have been met. He also informed the Board that the City of Wilmington approved an incentive for $125,000. Chairman Greer stressed the importance of keeping this production company in Wilmington to avoid additional costs in recruiting new film production companies. Commissioner Davis expressed concern for this becoming a yearly request. After hearing no further comments, Chairman Greer requested direction from the Board. Motion: Commissioner Caster MOVED; SECONDED by Vice-Chairman Boseman, to approve a $250,000 incentive to the Wilmington Film Commission to maintain the One Tree Hill production subject to the funds not being released until after completion of twenty-three episodes and the same terms and conditions of the previous contract being met. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the contract is on file in the Legal Department. ADDITIONAL ITEMS County Manager O’Neal requested the Board to approve a request to submit a grant pre-application to the Governor’s Crime Commission for Project Safety 2004. The total grant project is $146,425 which includes: equipment, $130,025; training, $16,000; and supplies, $400. The source of funding is 100% federal funds with no local match required. The grant request deadline is April 1, 2004. Chairman Greer requested direction from the Board. Motion : Commissioner Caster MOVED; SECONDED by Vice-Chairman Boseman, to submit a Grant Pre-application in the amount of $146,425 to the Governor’s Crime Commission for Project Safety 2004 funding. Upon vote, the MOTION CARRIED UNANIMOUSLY. County Manager O’Neal informed the Board that the next regional meeting of the North Carolina Association of County Commissioners will be held in Jacksonville on April 13, 2004. He advised that additional information will be forwarded to the Board at a later date. Items Presented by Commissioner Caster The following items were presented by Commissioner Caster: •Commissioner Caster stated he had received an e-mail from Carolina Beach Mayor Dennis Barber requesting support of the Board of Commissioners regarding policies recently adopted by the NC State Park Division that will affect Fort Fisher State Park recreation area. He noted that this item would be placed on the Regular Agenda of the April 5, 2004 meeting. •Commissioner Caster informed the Board about an e-mail received from Brett Waress, representing Archmill Subdivision, who was concerned about the Zoning Board of Adjustment meeting scheduled for March 23, 2004 and the possibility of the developer’s deadline being extended. He advised that County Attorney Copley would respond to Mr. Waress to explain the role of the Zoning Board of Adjustment. •Commissioner Caster asked the Board to consider a proclamation designating May 22-28, 2004 as Safe Boating Week in New Hanover County to be placed on the May 3, 2004 agenda. th •He also requested the Board to prepare a resolution in honor of the 90 Anniversary of the Cape Fear Power Squadron to be signed by the Chairman of the Board, Mayor of the City of Wilmington and each Mayor of the Beach communities. This item will be placed on the June 7, 2004 agenda. Item Presented by Chairman Greer Chairman Greer stated that he received a request from the Azalea Festival Circus requesting that the tip fee be waived on the trash generated during this event. County Manager O’Neal advised that the tip fee had been waived in the past and stated that the amount of revenue lost usually ranges from $300 to $600. Commissioner Pritchett suggested developing a consistent policy regarding the waiver of tip fees for these types of requests. Motion : Commissioner Pritchett MOVED; SECONDED by Chairman Greer, to waive the tip fee for the Azalea Festival Circus. Upon vote, the MOTION CARRIED UNANIMOUSLY. Items Presented by Commissioner Pritchett The following items were presented by Commissioner Pritchett: NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MARCH 22, 2004PAGE 949 Commissioner Pritchett commented on the national publication Antiques and the Arts Weekly which featured on its cover the Cape Fear Museum exhibit of political campaign buttons. •Commissioner Pritchett noted that the Fire Expo will be held Saturday, March 27, 2004 from 9:00 a.m. until 7:00 p.m. at the Wilmington International Airport. There will be demonstrations and safety seat inspections, and fire trucks and rescue equipment on display. •Commissioner Pritchett reported that volunteers are needed for the Azalea Pride Cleanup on Saturday, March 27, 2004 begining at 9:00 a.m. •Commissioner Pritchett commented on having a pleasant experience while attending the grand opening of the new offices of the Service Core of Retired Executives (SCORE). SCORE is a group of retired executives, who work with entrepreneurs wanting to open a small business. ADJOURNMENT Chairman Greer called for a motion to adjourn the meeting. Motion: Commissioner Caster MOVED , SECONDED by Vice-Chairman Boseman, to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer adjourned the meeting at 2:50 pm. Respectfully submitted, Lucie F. Harrell Clerk to the Board