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HomeMy WebLinkAbout2004-06-07 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, JUNE 7, 2004 PAGE 48 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, June 7, 2004, at 5:30 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 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 Deputy Clerk to the Board, Teresa P. Elmore. Chairman Greer called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Rod West of Bridge Community Church gave the invocation. Vice-Chairman Boseman 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. Hearing none, Chairman Greer called for a motion to approve the items on the Consent Agenda. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved minutes of the following meetings as presented by the Clerk to the Board: Budget Work Session May 13, 2004 Regular Meeting May 17, 2004 Appointment of Robert G. Greer to Represent New Hanover County at the NACo Annual Conference The Commissioners appointed Chairman Greer as the voting delegate to represent New Hanover County at the NACo Annual Conference on July 16-20, 2004, in Maricopy County, Arizona. Authorization to Write Letter of Support for the Nominations of Dr. Edward W. Erickson and Greg L. Rudolph to the Coastal Resources Commission The Commissioners authorized the Chairman to write a letter on behalf of the Board to the Governor’s Office in support of the nominations of Dr. Edward W. Erickson and Greg L. Rudolph to the Coastal Resources Commission. Acceptance of Report from New Hanover County Schools on Budget Amendment #9 and Capital Outlay Budget Transfer - New Hanover County Schools The Commissioners accepted the report of the New Hanover County Schools budget amendment #9 and budget transfer that were approved by the Board of Education on May 3, 2004. Adoption of Resolution Awarding Contract #04-0324 for Debris Removal to D& J Enterprises, Inc. - Department of Environmental Management The Commissioners adopted a resolution awarding the lowest responsible bid to D&J Enterprises, Inc. of Auburn, Alabama for debris removal. This is the same firm that held the contract to remove debris after Hurricanes Bertha, Fran, and Isabel. The pre-position contract will be dormant until such time as the Notice to Proceed is issued and will remain active until the County determines the work is complete. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 29.1. Acceptance of Grant from Factory Mutual Insurance Company for Arson Detection Equipment and Approval of Associated Budget Amendment #04-0212 - Department of Fire Services The Commissioners accepted a grant in the amount of $1,776 from Factory Mutual Insurance Company and authorized the County Manager to sign the grant documents. The money will be used for detection equipment on fire scene investigations to aid in cause determination, arson arrest, and conviction. The Commissioners approved the following budget amendment: Budget Amendment #04-0212 - Fire Services Department Adjustment Debit Credit Fire Departments: Other$1,776 Fire Services Administration: Departmental Supplies$1,776 Explanation: To budget Factory Mutual grant monies for fire investigation equipment. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, JUNE 7, 2004 PAGE 49 Approval of Budget Amendment #04-0213 - Department of Aging The Commissioners approved the following budget amendment: Budget Amendment #04-0213 - Department of Aging Adjustment Debit Credit Senior Center: Other$2,000 Newsletter$2,000 Explanation: To transfer funds to cover cost of postage and mailing of newsletter. Approval of Budget Amendment #04-0215 - Museum/County Commissioners The Commissioners approved the following budget amendment: Budget Amendment #04-0215 - Museum/County Commissioners Adjustment Debit Credit Museum: Contr/CF Museum Assoc Portion$65,343 County Commissioners: Appropriated Fund Balance$65,343 Explanation: To budget contribution from the Museum Associates for the Development Coordinator position as approved by the County Commissioners on October 7, 2002. REGULAR ITEMS OF BUSINESS CONSIDERATION OF PROCLAMATION DECLARING JUNE 19, 2004, AS CAPE FEAR POWER SQUADRON DAY IN COMMEMORATION OF ITS 90 TH ANNIVERSARY Chairman Greer reported that Bill Payne, Commander of the Cape Fear Power Squadron, requested the Commissioners proclaim June 19, 2004, as Cape Fear Power Squadron Day in New Hanover County in commemoration of its ninetieth anniversary. Commissioner Caster read the proclamation into the record. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Boseman, to adopt the proclamation declaring June 19, 2004, as Cape Fear Power Squadron Day in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer, on behalf of the Board, presented the proclamation to Mr. Payne. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXVIII, Page 29.2. CONSIDERATION OF RESOLUTION IN SUPPORT OF NCDOT FUNDING FOR THE NC MUSEUM OF AVIATION Chairman Greer reported that the Commissioners have been requested to submit a resolution to the North Carolina Department of Transportation in support of the funding request for the development of the North Carolina Museum of Aviation at the Wilmington International Airport. Motion : Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to adopt a resolution in support of the funding request for the development of the North Carolina Museum of Aviation at the Wilmington International Airport. 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 29.3. CONTINUANCE OF PUBLIC HEARING TO CONSIDER A REQUEST FOR A SPECIAL USE PERMIT BY INLAND HARBOUR PROPERTIES, LLC FOR AN INDOOR/OUTDOOR RECREATION ESTABLISHMENT AND CHILD DAYCARE CENTER IN DEMAREST VILLAGE OFF MIDDLE SOUND LOOP ROAD IN AN R-20 RESIDENTIAL DISTRICT Chairman Greer announced that Grady Richardson, attorney representing Inland Harbour Properties, has requested a continuance of the request for a Special Use Permit. Although verbal approval was given by the majority of the Board to continue the hearing until July 12, 2004, a formal vote is required. Mr. Richardson stated that he had requested the Board to continue the public hearing based on his learning that the Commissioners received several e-mail correspondences from opponents of the Special Use Permit. Since he did not have an opportunity to review the documents, he called the Commissioners during the weekend to request a continuance. The County Attorney’s Office should provide copies of the correspondences to him by Tuesday or Wednesday. Tom Landis, one of the leaders of the group opposing the Special Use Permit, and some of the homeowners were notified of the continuance. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, JUNE 7, 2004 PAGE 50 Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Boseman, to continue the item until the July 12, 2004 meeting. Upon vote, the MOTION CARRIED 4 to 1. Chairman Greer voted in opposition. Commissioner Davis commented that Special Use Permits require quasi-judicial hearings and the Commissioners should not receive phone calls, faxes, e-mails, or letters regarding these requests. In order to prevent future postponements of scheduled items, he suggested that the County implement a policy or regulation on communications from the public. County Attorney Copley responded that she has always cautioned the Board about listening to comments from people on either side of a Special Use Permit. She recommended that the Planning Department notify the public that they should not have any communications with the Commissioners concerning a Special Use Permit. She further advised the Commissioners that they should not read any comments sent to them except at the public hearing. Mr. Richardson was concerned that the e-mails may contain wrong information against his client and he should be able to review the comments and respond. Commissioner Pritchett commented that the e-mails she initially received referred to the item as a rezoning case instead of a Special Use Permit. She requested the Planning Department to notify the Commissioners of any upcoming Special Use Permits. PUBLIC HEARING FOR FY 2004-2005 BUDGET Chairman Greer opened the Public Hearing and the following budget requests were presented to the Board: Budget Presentation for Cape Fear Museum Associates John Perritt, President of the Cape Fear Museum Associates, expressed appreciation for the support of past and present Commissioners for the Cape Fear Museum. In a public/private partnership between the County and the Museum Associates, a professional development director was hired to develop long term funding sources for the Museum. It was first thought that a program could be implemented in two years; however, the position is needed for another 4 to 5 years to further develop programs. He requested the Board to continue its support of the public/private partnership between the County and the Museum Associates and provide funding for the position. Budget Presentation for the New Hanover County Health Department Dr. Melody Speck, Chairman of the Board of Health, requested the Board to reconsider two additional items for the Health Department in next year’s budget. Vector Control needs a MOW tractor and peripherals at a cost of $86,200 to use in completing work for the Corps of Engineers on a six mile elevated dike road. Additionally, the Board of Health is asking again for 5 more personnel in the Environmental Health Division to make health inspections. The NC Department of Environment and Natural Resources has determined that the County needs 5.28 additional Environmental Health Specialists in order to provide essential services and to protect the public’s health. The increased staff will allow a more manageable distribution of workload and provide food safety education for the food service industry. She expressed appreciation to the Board for the work and effort given to prepare and adopt a budget for New Hanover County. Budget Presentation for New Hanover County Schools Dr. D. John Morris, Superintendent of Schools, presented the proposed operating budget of $154 million for the Schools. As the Schools continue to absorb decreases in revenues from the State, new required programs are implemented. The State is planning to reduce the number of students in the third grade classrooms from 22 to 18 students, which means the school system will need an additional 17 classrooms for next year. The County request of $57.9 million includes $51.1 million for local current expenses, $5.9 million for capital outlay, and $.9 million for the pension fund. Student enrollment is projected at 22,896 which includes 362 students in charter schools. As new industries such as Verizon move into the Wilmington area, the growth rate is expected to be more than 1.7% per year. Based on the No Child Left Behind legislation, schools will be evaluated on the number of students at or above grade level. Dr. Morris expressed concern that the better a school gets, the less funding it will receive from the State since additional funding is received for each student below grade level. Proficiency scores have increased at each of the New Hanover County schools because of the tremendous efforts from principals, teachers, and parents. As funds decrease, some schools may take a step backwards. He requested the Commissioners to maintain its funding for the schools. Nancy Wigley, School Board Member and Chairman of the Finance Committee, spoke on the increasing demands on the schools which require more money. Reduced class size and other State and Federal mandates will require more schools and more money to operate. She requested the Board to fund the most it could for the schools and she expressed appreciation for the County’s support in opening new schools. Steve Bilzi, Chairman of the Board of Education, spoke on the good working relationship between the Boards and expressed appreciation for the consistent growth in funding from the County for the schools. He said that construction of Anderson Elementary School in the Veterans Park Complex will start this year and it will require matching funds from the two fund balances. As the trend continues to reduce classroom sizes and to upgrade technology for NCWISE, the Schools will have to use more of its fund balance. He thanked the Commissioners for their commitment to the schools and requested the County to maintain its funding for the schools. Chairman Greer expressed appreciation for the hard work and dedication of the School Board members and staff in complying with more State and Federal regulations without increased funding for the schools. He commended the principals and teachers for improving the proficiency ratings of the schools and he said that the County will continue to do what it can in addressing the needs of the schools. Commissioner Davis said he supported giving the school an additional $1 million for capital outlay last year, NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, JUNE 7, 2004 PAGE 51 but the County Manager did not include it in the recommended budget. Although he did not want to decrease the Schools’ budget, he would not vote to increase the tax rate for the citizens of the County. He hoped the County would be able to maintain the current funding for the Schools’ Budget. Mr. Morris responded that in order for the Schools to maintain the current level of education, they will need an increase in funding from the County. Budget Requests from Non-County Agencies and Public Comments Diana Woolley, Executive Director of the Carousel Center, expressed appreciation for the financial support of $10,000 from the County for the current year. She reported that between January 2000 and May 31, 2004 the center had treated 618 children of which 209 resided in New Hanover County. In the past year, the agency has seen a 47% increase in the number of children using their services. Funding sources are from Medicaid, private insurance, foundations, donations, and local governments. Medicaid and insurance carriers pay $325 per claim for services which cost $1,500 per child. The Center has requested $10,000 from the City of Wilmington and she requested the County to fund $15,000. Commissioner Pritchett, a member of the Carousel Center Board, commented that people assume that Medicaid pays for the treatment, but many of the children are not eligible for it nor do they have personal insurance or other means of paying for the treatment. Ricky Meeks, a resident of the County, thanked the Board for supporting the School System and complimented the Schools as being the best in North Carolina. He urged the Board to provide as much funding as possible for the Schools in order to provide the best education for children of New Hanover County. Linda Pearce, Director of Elderhaus, expressed appreciation for the funding support from the County. She reported that last year the Cape Fear Memorial Foundation provided a $75,000 grant to save the agency and Elderhaus raised $40,000 through various fund raising efforts. Furthermore, indigent clients had to pay $16 per day, which the agency is trying to find funds to supplement those individuals. The Greenfield Lake Alper Center provides care for 45 clients per day and the Porters Neck location has 6. Most of their clients are indigent and would be in Medicaid beds in nursing homes, which would cost the County more money. She thanked the Commissioners for their vote of confidence in the services provided by Elderhaus and requested continued funding from the County. She presented a brochure about Elderhaus, which was made “in-house” by the board members. Bill Hart, a member of the Soil and Water Conservation District Board, spoke on the group’s programs of controlling and preventing soil erosion, preventing flood water and sediment damages, furthering conservation, utilization and disposal of water, preserving wildlife, and protecting the tax base and public lands. The State has notified the District of a proposed decrease in funding for next year’s budget. He invited the Commissioners to attend a pig picking at the Legislative Building in Raleigh to encourage the legislators to provide more funding for the District. Mr. Hart spoke on the District’s efforts in seeking funding from the Clean Water Management Trust Fund and the Farm Bill for conservation practices in urban areas. He requested additional funding for the District to assist the County in getting State and Federal grants. He was grateful for the County’s support and he pledged the very best efforts of the Soil and Water Conservation District to serve all citizens of the county and to maintain and improve water quality in all creeks and public waters. Roy Pinnick, Director of Family Services of the Lower Cape Fear, spoke concerning the three programs of Family Services: Big Buddy, After School Enrichment, and Counseling Center for Mental Health Care. As changes in mental health reform come about, he hoped the County would use the Counseling Center to serve children and families in the County. He spoke on the importance of the agency in providing a much needed service for the community, but he believed it may not survive another year without more funding. Its budget is over $600,000. He requested the County to fund $10,000 for each of the 3 programs. Mary Ann Lama, Director of Domestic Violence Shelter and Services, spoke on the recent deaths of two UNCW students being grim reminders of the sometimes devastating effects of domestic violence and the toll it takes on families and the community at large. She requested the Board to continue funding the agency so they can assist victims of the sometimes serious and tragic crime. She invited the Board to visit the center and the Gladys Bryant Memorial Garden at the Open Gate location on Market Street. Margaret Weller-Stargell of Coastal Horizons Center, expressed appreciation for past funding of the Crisis Line Intervention Services of Crisis Line/Open House and the Rape Crisis Center Programs. Amy Feath, Director of the Crisis Interventions Services, spoke on the services provided by the agency. As the only crisis hotline in the County, Crisis Line provides 24-hour crisis counseling, after hour emergencies, on-call response services for other County agencies, and as a point of contact for the Sheriff’s Department for citizens with unmet needs. Open House provides the only emergency shelter for runaway, homeless, abandoned, abused or neglected youths. The Rape Crisis Center is the only stand alone rape crisis specialist in Southeastern North Carolina. Last year, Crisis Line Hotline processed 4,424 calls or walk-in crisis interventions. Open House provided over 1000 days of food, shelter and safety for 115 youths, and Rape Crisis Center provided hospital response, crisis counseling, and court accompaniment for 472 rape victims, their families and friends. She spoke on the importance of County funding for the crucial programs and requested the Board to continue funding the programs. Hearing no other comments, Chairman Greer closed the Public Hearing. He stated that the Board would consider the requests at a budget work session and hopefully adopt the budget at the next Regular Meeting on June 21, 2004. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, JUNE 7, 2004 PAGE 52 BREAK: Chairman Greer called a 10 minute break at 6:50 p.m. PUBLIC HEARING TO CONSIDER A REQUEST BY SONJA POWELL TO REZONE APPROXIMATELY 4.0 ACRES OF PROPERTY AT 4133 BLUE CLAY ROAD FROM R-15 RESIDENTIAL TO I-1 LIGHT INDUSTRIAL(Z-776, 04/04) Chairman Greer opened the public hearing and requested Planning Director Dexter Hayes to make the Staff presentation. Planning Director Hayes reported that the petitioner is requesting a rezoning of 4.0 acres of property from R- 15 Residential to I-1 Light Industrial. The uses permitted for I-1 Light Industrial are more compatible for smaller parcels where industrial flex space, professional offices, contractors or retail services might locate. The property is classified Resource Protection because of the underlying soils and aquifer recharge area for groundwater. This area is one of a few in the County where there are large tracts of land with water and sewer services close by. At the Planning Board meeting the applicant revised the rezoning request from I-2 to I-1 as recommended by Staff. The applicant explained that he had met with the adjacent neighbors and showed them a site plan for the first phase of development. Two neighbors stated their concern about future development on the remainder of the parcel. After discussion about the minimum setbacks and existing buffering on the property, the Planning Board voted 3-2 to recommend approval of the I-1 Light Industrial Zoning. Those members voted in opposition because of the neighbors’ concerns about future development. Staff recommended approval based on three quadrants of the development already zoned for industrial uses. Mark Grenell, a Wilmington Architect representing Ms. Nadine Brimage, spoke on the permitted uses of I-1 Industrial zoning which would not be appropriate for the residential areas along Blue Clay Road as they would have detrimental impacts on the neighborhood. He was concerned for the safety and security of the community if a bail bondsman was located on the property. His other concerns were for the effects of lighting from a business that is opened 24 hours a day, flooding problems because of new impervious surfaces from commercial developments, and insufficient buffering between the properties which may not provide adequate protection for the neighbors. Since zoning regulations exist to protect residential areas from adverse uses, he requested the Board to deny the request. Ms. Nadine Brimage, resident of 3810 Juvenile Center Road, spoke of her family living on the property for more than 90 years. She was concerned about the types of businesses that would be allowed on the property if it was zoned to I-1. Because Mr. Powell and his family are in the bail bondsman business, she was concerned that he would build an office on the property and that it would be opened for business 24 hours a day, seven days a week. She was also concerned that inmates may wander around the neighborhood waiting for transportation after being released by the bail bondsman. She requested the Board to deny the rezoning request because she felt the business would be an encroachment on her property, her safety and the safety of children attending the Coastal Adventure Center across the road. Furthermore, she was concerned about problems of stormwater runoff, increased flooding after hurricane events, and contamination of groundwater from new commercial structures. Larry Powell, representing his wife Sonja Powell, owner of the property, stated that the majority of the property in the area was already zoned I-1 and I-2; but after talking with the neighbors, he changed his request from I-2 to I-1. He has hired Right-Angle Engineers to design a stormwater management plan that will address the neighbors’ drainage concerns and will meet State and County regulations on stormwater runoff. The buffer requirements will ensure that Ms. Nadine’s home, one acre away from the project area, will be sufficiently protected from commercial use. A business open for released inmates to make phone calls and wait for transportation would provide more security for the neighborhood. He felt the neighbors should have less concern for his proposed use than for the 600 bed jail down the road, since inmates will be released from jail whether his bonding company is located at that location or not. He said that the owner plans to develop one acre and hold the other acres fronting Blue Clay Road for investment. Chairman Greer asked staff why they recommended rezoning the property to I-1 instead of O&I or requiring a Special Use Permit. Planning Director Hayes responded that most of the area is zoned for industrial use and the Zoning Ordinance does have severe setbacks for industrial property adjoining residential properties. The rear setback for any structure built would be 4.3 times the building height. The area is an industrial area for the County even though a few scattered homes are in the area. Staff felt that the County should encourage industrial development in that area because of the availability of water and sewer and other industrial uses located nearby. There will be less impact from industrial development because there are few subdivision entrances and other type entrances along the road. The area will accommodate industrial expansion and it is consistent with the recommendation of the Highway 17 Bypass Task Force of encouraging industrial manufacturing service centers in the northern part of the county near the interchanges. Commissioner Pritchett pointed out that limited bus transportation will be available once the jail is opened. In rebuttal, Mr. Grenell pointed out residential areas, Burton Steel Company, and an electrical company on the aerial photograph. He said that plenty of vacant land was already zoned for commercial use. Mr. Powell responded that half of his property was zoned I-1 and I-2 at one time, but the previous owner had the property rezoned to R-15 to save money on property taxes. Motion : Commissioner Caster MOVED to rezone the property to I-1 Industrial based on the setback and buffering requirements being sufficient to protect the residential area. The motion did not receive a second. Motion: Chairman Greer MOVED, SECONDED by Vice-Chairman Boseman, to deny the request to rezone 4133 Blue Clay Road to I-1 Light Industrial. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, JUNE 7, 2004 PAGE 53 In discussion, Commissioner Pritchett commented that eventually the property will be developed as commercial and industrial uses because of the closeness of the property to the proposed interchange, but wondered when the appropriate time to rezone the property would be. Commissioner Caster agreed that industrial development will continue to develop in that area. He believed that the bail bonding service should be located near the jail. Commissioner Davis asked the petitioner if he was aware that if the Board denies his rezoning request that he would have to wait one year before filing another petition. Mr. Powell responded that he would like to continue the public hearing until next month to allow his engineer an opportunity to respond to questions on the stormwater management plan. The engineer was unable to attend because he was sick. The proposed plan will protect the neighborhood from any impact of the project. Substitute Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to continue the hearing until the July 12, 2004 meeting as requested by the petitioner. Upon vote, the MOTION CARRIED UNANIMOUSLY. Commissioner Davis requested Mr. Powell to meet with Ms. Nadine and Mr. Grenell to see if their concerns could be resolved. Mr. Powell responded that he had met with them and he was unable to work out a compromise for the project. The property was purchased for an investment based on the proposed interchange nearby. PUBLIC HEARING TO CONSIDER A REQUEST BY DAVID WELCH ON BEHALF OF KIYOKO RUSS FOR A SPECIAL USE PERMIT FOR A DUPLEX IN AN R-10 RESIDENTIAL DISTRICT AT 4913 REDHEART DRIVE (S-516) Chairman Greer opened the Public Hearing and announced that the Special Use Permit process requires a quasi-judicial hearing; therefore, any person wishing to testify must be sworn in by the Deputy Clerk to the Board. The following persons were sworn in: Dexter Hayes David Welch Planning Director Dexter Hayes reported that David Welch on behalf of Kiyoko Russ requested a Special Use Permit for a duplex in an R-10 Residential District at 4913 Redheart Drive. There were no questions of the petitioner and no one spoke in support of or opposition to the request. The Planning Board voted 5-0 to recommend approval and Staff recommends approval. Planning Director Hayes presented the following findings of facts: 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. A. The subject property is located within the Myrtle Grove VFD. B. The site has access to Redheart Drive which is a public right-of-way. C. The site is served by City Water and County Sewer. D. The proposed duplex is a garage apartment attached to the main structure of an existing home. 2. The Board must find that the use meets all required conditions and specifications of the zoning ordinance. A.The subject parcel is within the R-10 Residential Zoning District and is approximately 24,000 square feet. B. Duplexes are permitted by Special Use Permit in the R-10 Residential District provided the lot is a minimum of 15,000 square feet. C. The applicant has applied for all of the applicable County building permits. 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 located in an R-10 residential district. Duplexes are permitted by Special Use Permit in the R-10 district. B. Many homes in the area have garages and carports. The applicant is constructing an attached garage with an apartment, which by definition is considered a duplex. C. No evidence has been presented to indicate that the proposed use will injure property values. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The site is classified as Developed by the New Hanover County Comprehensive Plan. The purpose of the class is to provide for continued intensive development and redevelopment of existing urban areas. B. Housing policies in the Comprehensive Plan state that “The County and City shall continue to support and enhance a broad range of affordable housing programs and increase affordable rental housing.” Commissioner Davis asked whether staff had any concerns. Planning Director Hayes responded that R-10 Zoning allows a mixture of housing types and the property is more than large enough to accommodate the use. The use is consistent with the Land Use Plan. If the Special Use Permit is not approved, the owner will have to find another use for the structure without occupying it. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, JUNE 7, 2004 PAGE 54 Chairman Greer asked why the structure was built before a Special Use Permit was granted. Planning Director Hayes was unsure of the timing of the events that led to the problem. Usually the Special Use Permit process begins with the application for the building permit. Chairman Greer asked if anyone from the public wished to speak on the request. David Welch, property owner of 4913 Redheart Drive, said that the structure is a garage apartment for his mother-in-law and would not be rented to anyone else. They were told that the structure should be attached to their home in order to comply with septic tank regulations. He had done the job himself except for the mechanical work. When he was getting the final permit, the County realized that a Special Use Permit was needed. There being no further comments, Chairman Greer closed the Public Hearing. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to grant a Special Use Permit for a duplex in an R-10 Residential District located at 4913 Redheart Drive based upon the evidence presented and the 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 25.1. PUBLIC HEARING TO CONSIDER A REQUEST BY VICKI BROUSSARD FOR A SPECIAL USE PERMIT FOR A CHILD DAYCARE FACILITY IN AN R-10 RESIDENTIAL ZONING DISTRICT AT 602 SHAWNEE TRAIL (S-517) Chairman Greer opened the Public Hearing and announced that the Special Use Permit requires a quasi- judicial hearing; therefore, any person wishing to testify must be sworn in by the Deputy Clerk to the Board. The following persons were sworn in: Vicki Broussard Dexter Hayes Planning Director Dexter Hayes reported that the petitioner, Vicki Broussard, requested a Special Use Permit to expand an existing daycare facility to twelve children in an R-10 Residential Zoning District located at 602 Shawnee Trail. One nearby resident spoke in support of the request and no one spoke in opposition. The Planning Board voted 5-0 to recommend approval. Staff recommends approval. Planning Director Hayes presented the following findings of facts: 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. A. The subject property is located within the Myrtle Grove VFD. B. The site has access to Shawnee Trail which is a public right-of-way. C. The site is served by City Water and County Sewer. D. The proposed use will occur in an existing home that is currently used as an in-home daycare for fewer than five children. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. There is sufficient space for parking for one employee and four off-street spaces. B. There is an area designated for pick up and drop off with ingress and egress provided in a manner to provide access without backing onto the public right-of-way. C. There is an existing fenced play area. D. Outside signs for the facility shall not exceed two square feet. No signs are proposed. E. Operation of the facility shall comply with the provisions of the General Statutes of the State of North Carolina and other applicable Federal, State, or Local codes. F. No new buildings are proposed. 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 located in an R-10 residential district. B. Child daycare facilities are permitted by Special Use Permit in all residential districts. 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 site is classified as Developed by the New Hanover County Comprehensive Plan. The purpose of the developed class is to provide for continued intensive development and redevelopment of existing urban areas. B. Several policies in the comprehensive plan support establishing programs for elderly, special needs, and children. Planning Director Hayes recommended approval based on the size of the facility to accommodate the children, availability of adequate parking and play area, and that the use conforms with the character of the neighborhood. Vicki Broussard, the petitioner, stated that she has operated Little Angels Daycare for five years and was licensed to keep seven children. She keeps five children plus two of her own children. Increasing the number of NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, JUNE 7, 2004 PAGE 55 children to twelve will allow her to better provide for her family. She agreed with the findings of facts as presented. Hearing no other comments, Chairman Greer closed the public hearing and called for a motion. Motion: Vice-Chairman Boseman MOVED, SECONDED by Commissioner Caster, to grant a Special Use Permit to expand an existing daycare facility to twelve children in an R-10 Residential Zoning District at 602 Shawnee Trail based on the evidence presented and the 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 25.2. PUBLIC HEARING TO CONSIDER REQUEST BY ALLTEL COMMUNICATIONS FOR A SPECIAL USE PERMIT FOR A WIRELESS EQUIPMENT COMPOUND ASSOCIATED WITH THE COLLOCATION OF A CELLULAR AND PCS ANTENNA LOCATED AT 4126 SOUTH COLLEGE ROAD (S-518) Chairman Greer opened the Public Hearing and announced that the Special Use Permit process requires a quasi-judicial hearing; therefore, any person wishing to testify must be sworn in by the Deputy Clerk to the Board. The following persons were sworn in: Dexter Hayes William Howard Planning Director Dexter Hayes reported that Alltel Communications has requested a Special Use Permit for a wireless equipment compound associated with the collocation of a Cellular and PCS antenna on property located at 4126 S. College Road. The petitioner presented the request to locate wireless equipment in a B-1 Neighborhood Business District. The petitioner showed some digital pictures of the proposed project on the existing site and explained that the equipment compound would be fenced and screened with landscape material. No one spoke in support or opposition to the request. The Planning Board voted 5-0 to recommend approval. Staff recommends approval. Planning Director Hayes presented the following findings of facts: 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. A. The subject property is located within the Myrtle Grove VFD. B. Access to the site is from South College Road, which is classified as an Arterial Road. C. The proposed 15'x17' equipment compound will service cellular and PCS antennas which will be located on a nearby CP&L Power Pole. D. Dependable wireless service coverage is important during emergency situations. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The site is zoned B-1 Neighborhood Business. B. Communication facilities including towers are permitted by Special Use Permit within B-1 Zoning Districts. C. A fence and landscaping are proposed to shield the proposed equipment compound from view. D. All setbacks and buffering requirements can be accommodated. 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. No evidence has been presented that the proposed use will injure the value of adjoining or abutting property values. B. Additional cellular service is important in emergency situations. 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 site is classified as Developed by the New Hanover County Comprehensive Plan. The purpose of the developed class is to provide for continued intensive development and redevelopment of exiting urban areas. B. Collocation of Cellular and PCS antennas on the power poles is preferable to the “proliferation of telecommunication towers.” Mr. William Howard, Development Agent with Alltel Communications, said that Alltel provides its wireless communication services to the Wilmington area through four existing sites. The growth and development in the central part of county has increased the demand for services with the current antennas at or exceeding capacity. Alltel can contract with CP&L for rental space on an electrical pole instead of building a new tower to extend their coverage. He requested approval to install antennas at the top of the electrical pole adjacent to the Moravian Covenant Church. The Moravian Church will lease an area near the pole for other equipment. A nine-foot shadow box fence with landscaped buffer will contain the equipment. The use is allowed in the B-1 Neighborhood Business District and he believed there would be no adverse effect on the neighborhood or on property values. Because wireless communication services are a public benefit which people rely on throughout the day, he requested the Commissioners grant the Special Use Permit. There being no further comments, Chairman Greer closed the public hearing and asked for direction from the Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, JUNE 7, 2004 PAGE 56 Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Boseman, to grant a Special Use Permit to Alltel Communications for a wireless equipment compound associated with the collocation of a Cellular and PCS antenna on property located at 4126 S. 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 25.3. Break: Chairman Greer called a five minute break at 8:10 p.m. CONSIDERATION OF CONSTRUCTION CONTRACT FOR THE AIRLIE GARDENS SERVICES BUILDING AND BUDGET AMENDMENT #2004-53 Project Manager Max Maxwell reported that on May 4, 2004, the County received bids on the Airlie Gardens Services Building. The apparent low bidder was from NRL Builders for $706,455. This building will provide space for essential support functions including public restrooms, a maintenance shop, offices for garden staff, and a classroom for the environmental education programs. The Airlie Foundation has reviewed the plans and fully supports this project.He requested the Board to approve the associated budget amendment to cover the cost of construction and authorize the Chairman to execute the contract with NRL Builders, Inc. in the amount of $706,455. Chip Hemingway of BMS Architects presented the plans showing the garden service center. He said that the 4,800 square foot metal frame building will provide public restroom facilities, an education center, and office areas for staff. The building will be a utilitarian type structure compared to the proposed visitor center and it will require less maintenance. The construction contract is for 9 months. Commissioner Davis commented that in order for Airlie Gardens to be self-supporting, it will need to have nice facilities and restroom areas to draw people to events at the gardens. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to award the contract to NRL Builders, Inc. in the amount of $706,455 and to approve the associated budget amendment to cover the cost of construction. Upon vote, the MOTION CARRIED UNANIMOUSLY. Budget Amendment #2004-53 - Airlie Gardens Adjustment Debit Credit Veterans Park: Sales Tax Refund$ 94,329 Interest on Investments$785,766 Transfer to Airlie Capital Project$509,455 Transfer to General Fund$370,640 Airlie Capital Project Transfer in from Veterans Park$509,455 Extended Project Expense$509,455 Explanation: To begin closing the fund for Veterans Park Project and to set up budget for the Airlie Capital Project for the Airlie Gardens Facilities Center. CONSIDERATION OF 2004 COMMUNITY WASTE REDUCTION AND RECYCLING GRANT AND BUDGET AMENDMENT #04-0205 Ray Church, Director of the Department of Environmental Management, stated that the N.C. Department of Environment and Natural Resources, Division of Pollution Prevention and Environmental Assistance has offered a grant to the Environmental Management Department in the amount of $25,000. The associated project involves the implementation of a construction and demolition (C&D) waste recycling program at the County landfill. The grant will be used to purchase sorting and loading equipment. The required match of $2,500 is available in the operating budget. The County plans to purchase a front-end loader for $130,000, which is included in FY2004-05 Budget. He requested the Board to accept the grant, to authorize the County Manager to sign the agreement, and to approve the associated Budget Amendment. Commissioner Pritchett commented on the State providing the funding for something that the County will need to purchase next year. By removing a large volume of construction and demolition debris materials from the wastestream, the life of the landfill will be extended considerably. Chairman Greer pointed out some of the costs for the project. A front-end loader will cost $130,000, new employees will be hired to operate the equipment and separate the C&D materials, and a concrete pad with a depressed loading base will need to be built. Although he realized that Director Church is working to preserve landfill space, he felt the County should hold down cost by considering other opportunities such as taking trash out of the County. He reported that the landfill in Sampson County takes in 4,000 tons per day, but the company does not remove C&D materials. He suggested that the company would remove the materials if it were profitable or saved landfill space. Director Church responded that Waste Industries separates and removes the C&D materials in the Durham/Chapel Hill area before transporting waste to Sampson County. They do operate a very similar operation as the one proposed for New Hanover County. They find it worthwhile to remove the wood waste to avoid the costs of transportation and disposal to Sampson County. By removing C&D materials from the landfill, the County will be protecting its non-renewable resources, as well as reducing its wastestream and saving landfill space. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, JUNE 7, 2004 PAGE 57 Commissioner Pritchett spoke on the importance of saving our renewable resources and the need to recycle. Placing C&D materials in the landfill is wasting resources. Since the Landfill and Wastec facilities operate as an enterprise fund, the equipment cost will not come from the general fund. Director Church explained that the $25,000 grant is the maximum amount the State allows at this time, but additional funds will be available for the project. The County has approximately 90,000 tons of C&D debris that goes into the landfill every year. Landfill space will be saved by removing some of this material from the landfill. Commissioner Davis asked what the department will do if the front-end loader is not purchased. Director Church responded that the front-end loader will replace older equipment that will cost more in repairs than it is worth. Chairman Greer asked the number of people who will be hired to do the work. Director Church responded that three temporary employees will be hired. $100,000 is budgeted for labor and $40,000 for grinding. If the County recovers 10,000 tons, it will collect $460,000 in tipping fees, less $200,000 for operational expense, netting a gain of $260,000. One month of landfill space will be saved. Commissioner Pritchett asked the cost of a landfill cell. Director Church responded a new landfill cell will cost $1.3 million. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Davis, to accept the grant from the N.C. Division of Pollution and Prevention and Environmental Assistance in the amount of $25,000, to approve the associated budget amendment, and to authorize the County Manager to sign the grant documents. Upon vote, the MOTION CARRIED 3 to 2. Chairman Greer and Commissioner Caster voted in opposition. Budget Amendment #04-0205 Environmental Management Adjustment Debit Credit Recycling: Waste Reduction Grant$ 25,000 Capital Outlay - Equipment$ 25,000 Explanation: To budget the 2004 Community Waste Reduction and Recycling Grant received from the North Carolina Department of Natural Resources. Funds are to be used for purchasing sorting and loading equipment. In further discussion, Commissioner Davis expressed concern that eventually the landfill will be full and the County will have no place to carry its trash. Unless the County receives offers of other alternatives, he will continue to support measures to keep the incinerator open and to save landfill space. Director Church reported that Wastec has burned its second million ton of waste, which is the equivalent of 48 acres 70 feet high or about all the space in the landfill. Chairman Greer said that the County received an offer of $38 per ton to accept waste out of the county, but the Commissioners did not consider the offer. He asked Director Church if he still had the letter with the offer. Director Church responded that he had sent a memo to the Board in response to the offer and reported the associated costs of shipping waste out of the County. Other costs would include operating a transfer station and transportation cost. He recommended that the County should continue operating Wastec and the County landfill. The tipping fee should remain at $46 per ton until the debt is paid off in 2009. After that time, money should be set aside for the long-term closure of landfill cells. The federal government requires a 30 year closure plan per cell. CONSIDERATION OF NEW SHERIFF’S ADMINISTRATION BUILDING AND BUDGET AMENDMENT #2004-54 Project Manager Max Maxwell reported that on May 13, 2004, staff received bids on the new Sheriff's Administration Building to be located off Blue Clay Road next to the jail. He presented a plan showing a 3,444 square foot building to house the Sheriff and seven staff members. The apparent low bidder for this project was Waldkirk & Saunders for $605,733. Funding for the project will come from the existing Jail Capital Project and additional contributions from the Sheriff's Department. Staff recommends that the project be awarded to Waldkirk and Sanders in the amount of $605,733 and the Chairman be authorized to execute the contract. As directed by the County Manager, Mr. Maxwell said he worked with the Sheriff to reduce the Furniture, Fixture and Equipment (FF&E) budget. The Sheriff has agreed to absorb $63,300 for some of the office furniture, close circuit security equipment, communication equipment, and window blinds. The total budget for the project is $695,733. He presented a revised budget amendment for approval. In further discussion, Mr. Maxwell said that he will continue to work with the contractor to reduce the costs in materials, and he estimated that $8,000 to $10,000 should be saved. The building was originally estimated at $360,000 to $400,000, but the costs of steel and construction has increased substantially in recent months. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, JUNE 7, 2004 PAGE 58 Motion: Chairman Greer MOVED, SECONDED by Commissioner Pritchett, to approve the project cost of $695,733 and revised budget amendment and to award the contract to Waldkirk and Sanders in the amount of $605,733. Upon vote, the MOTION CARRIED 4 to 1. Commissioner Davis voted in opposition. Budget Amendment #2004-54 Sheriff’s Department Adjustment Debit Credit Sheriff’s Administration Building: Interest on Investments$236,358 Transfer from Federal Forfeited Property$150,000 Transfer from General Fund$309,375 Extended Project Expense$695,733 Commissioners: Appropriated Fund Balance$309,375 Transfer to Other Funds: Transfer to Sheriff’s Administration Bldg.$309,375 Federal Forfeited Property: Federal Forfeited Property Revenue:$150,000 Transfer to Sheriff’s Administration Bldg.$150,000 Explanation: To establish budget for the Sheriff’s Administration Building Commissioner Davis said that he had voted against moving the Jail and Sheriff’s Office to Blue Clay Road. Although he holds Sheriff Causey in high regards, he could not support the construction project. Sheriff Causey responded that he may not like the location on Blue Clay Road, but the citizens and taxpayers of the County pay for and demand that rapists, robbers, and drug dealers are put into jails. He needs the administrative office at the Jail to provide full control over the operations of the Jail. He spoke on the importance of keeping criminals in jail so that people are safe and can enjoy living in the area and expressed appreciation for the Commissioners’ support. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 9:50 p.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Greer reconvened to Regular Session at 10:20 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. Ricky Meeks, a resident of the County, spoke on the death of President Ronald Reagan on Saturday, June 5, 2004. He said that President Reagan will be remembered as a great President. He requested the Board to send a card th or letter of condolence to the Reagan family. He also noted the upcoming 80 birthday of President George H. Bush. ADDITIONAL ITEMS County Manager O’Neal requested a budget work session to be held on Monday, June 14 at 9:00 a.m. prior to the Board of Equalization and Review meeting at 10:00 a.m. Consensus : The Board agreed to meet at 9:00 a.m. on June 14, 2004 for the Budget Work Session. Additional Items from Commissioner Caster Commissioner Caster reported that he has been involved in the following activities: working with United Way in nominating a volunteer for the Governor’s Volunteer of the Year Award, attending an awards ceremony for the business community, riding with Wilmington Police officers in the downtown area at night on May 21, and attending a TDA meeting on May 25. He also reported that the Tidal Creek Management Advisory Committee is reaching a critical point in expanding its program. Nick Garrett, a member of the NC Clean Water Trust Fund Board, may be instrumental in getting funding for New Hanover County. Additional Items from Vice-Chairman Boseman Vice-Chairman Boseman reported that she would not be attending the July 12, 2004 Board meeting and she requested to delay the public hearing for Inland Harbour’s request for a Special Use Permit until August 2, 2004. Consensus : The Commissioners agreed to hear the item on August 2, 2004, as long as both interested parties agree to the change. Vice-Chairman Boseman requested the status of the 800 MHz System for the southern end of the County. County Manager O’Neal responded that the County has a contract with a consulting engineer for a determination of whether the Coast Guard Loran tower can be used. Congressman McIntyre’s office has offered to help the County in getting funds for the project and it is hoped that homeland security funds will be available. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, JUNE 7, 2004 PAGE 59 Additional Items from Commissioner Pritchett Commissioner Pritchett reported she attended Congressman McIntyre’s press conference announcing that the Governor’s Crime Commission will receive $1.2 million in federal grants for the State’s crime prevention and victims programs. She expressed appreciation for the hard work and dedication of the Congressman for our area. Commissioner Pritchett noted with sadness the passing of her good friend Zoe Brunner, a friend of the environment. Additional Item from Commissioner Davis Commissioner Davis commented on attending church services commemorating the sixtieth anniversary of D-Day and he expressed his gratitude for the supreme sacrifice made by the soldiers of WWII and those in the armed forces who risk their lives fighting to protect our country. Chairman Greer stated that the County has five employees who have been called into active duty and he requested a letter be sent to each one expressing our appreciation and best wishes for their safe return. County Manager O’Neal reported that the County has had up to thirteen employees in active duty, but five are currently in service. Consideration of Recertification to Regain Local Cable Rate Regulatory Authority County Attorney Copley reported that Robert Sepe, the County’s cable advisor, has notified the County that it can petition for a recertification to regain local cable rate regulatory authority. In order for Mr. Sepe to make a timely petition, she requested the Board to decide whether to file the petition. Commissioner Pritchett asked whether cable services for the schools and fire stations would be affected by the change. County Attorney Copley responded that the petition for regulatory authority would involve customer service issues. The County would be able to control the basic service rates, rates for installation, equipment and new advance boxes, as well as holding the cable rate increases to once a year. Under the franchise agreement, the County would still be able to get cable service for schools and fire stations. In discussion of whether the County should petition for the re-certification, County Attorney Copley explained that the FCC ruled that New Hanover County has effective cable competition and therefore it does not need regulatory authority. The County argued that it did not because the cable companies do not serve the same areas. Although she felt deregulation would occur and the County would lose its authority, her main concern was that the County may eventually lose franchise fees of $700,000 per year. The Board should consider the benefits of the franchise and the cost of approximately $5,500 to petition the FCC for the re-certification. Commissioner Pritchett asked if other counties were successful in obtaining the re-certification. County Attorney Copley responded that she was unaware of other petitions, but would check into the issue and report back to the Board. County Manager O’Neal suggested the Board consider the request at the meeting on June 14 in order for the County Attorney to respond to the Commissioners’ questions and concerns. Consensus : The Commissioners agreed to call a special meeting to discuss the recertification petition on June 14, 2004, after the budget work session. Consideration of Joining Pender County Lawsuit Against the State Board of Elections County Attorney Copley reported that the Attorney General’s Office has contacted the County regarding Pender County’s lawsuit against the State Board of Elections challenging the 2003 redistricting legislation as it pertains to Pender’s representation in the House of Representatives. She requested the Board to decide on the following issues: •Should New Hanover County intervene and participate as a party to the suit? •Should New Hanover County petition that Pender County pay all additional election expenses incurred by New Hanover County as a result of the suit, which is approximately $100,000 for a special election? •Should New Hanover County support the Pender petition that two district seats be entirely in New Hanover County, with the third seat shared? The State plan calls for one seat entirely in New Hanover County with the other two seats shared. Deputy County Attorney Burpeau reported that he spoke with Susan Nichols, of the Attorney General’s Office representing the Board of Elections. She said that the lawsuit could have a financial impact on the County and asked if the County wanted to be a party to the suit. The State will be raising the issue that New Hanover County is a necessary and indispensable party because of the impact on the cost of a special election as well as the impact of the choice of representatives to the House. The State proposes that if a judge is inclined to give any injunctive relief, the cost should be assessed to Pender County. The State would like the County to be a part of the proceedings so that the judge can make a full and complete decision. Motion : Vice-Chairman Boseman MOVED, SECONDED by Commissioner Caster, to notify the State Attorney General’s Office and the Courts that New Hanover County does not oppose Pender County’s injunction or their long- NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, JUNE 7, 2004 PAGE 60 term efforts for representation, but that New Hanover County should not have to pay the cost of an additional election this year and it should receive reimbursement for such cost. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADJOURNMENT There being no further business, Chairman Greer called for a motion to adjourn. Motion : Commissioner Caster MOVED, SECONDED by Vice-Chairman Boseman, to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer adjourned the meeting at 10:10 p.m. Respectfully submitted, Teresa P. Elmore Deputy Clerk to the Board