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January 26, 2004 Page 346 months of each year according to Jeffrey J. Short, Colonel (ret.) USAFR and the "father" of the USAF Bird Avoidance Model; and WHEREAS, Article I, Section 8, Clause 17 of the U. S. Constitution specifies the Federal Government may acquire property within a state for erection of forts, magazines, arsenals, dock-yards, and other needful buildings but can only acquire jurisdiction over that property if both the state and federal governments agree to the transfer; otherwise the United States does not take jurisdiction over the property and can only be a proprietor of the property; and WHEREAS, North Carolina General Statute 104-7, written in 1907, gave the United States the right to purchase and condemn "land in the State required for the sites for customhouses, courthouse, post offices, arsenals, and other public buildings whatever" and further indicates exclusive jurisdiction will also be given "for any other purposes of the government." NOW, THEREFORE, BE IT RESOLVED that the Cabarrus County Board of Commissioners opposes the location of the Outlying Landing Field in Washington County and requests the Department of the Navy to seek a more suitable location where the potential loss of lives and aircraft by migratory birds is not an issue; and BE IT FURTHER RESOLVED that the Board of Commissioners supports timely action by the North Carolina General Assembly to repeal or amend North Carolina General Statute 104-7 to restore the State's rights as afforded under the U. S. Constitution and to oppose an Outlying Landing Field at any site that is unacceptable to the State of North Carolina; and BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the following: President George W. Bush, Acting Secretary of the Navy Hansford T. Johnson, Governor Mike Easley, Lt. Governor Beverly Perdue, President Pro Tempore Marc Basnight, Speakers of the House James B. Black and Richard T. Morgan, and the County's legislative delegation. Adopted by the Cabarrus County Board of Commissioners on this the 26th day of January 2004. /s/ Robert M. Freeman Robert M. Freeman Chairman, Board of Commissioners ATTEST: /s/ Frankie F. Bonds Frankie F. Bonds, Clerk to the Board NEW BUSINESS (G-l) HOME Pro,ram Public Hearin~ - 6:30 Mr. Jonathan Marshall, Commerce Director, reviewed the County's participation in the Cabarrus/Iredell/Rowan HOME Consortium that funds housing rehabilitation for low-income families and the elderly in the unincorporated areas of Cabarrus County. This program allows staff to make home modifications that allow elderly individuals to stay in their homes longer as well as reducing their energy costs. Cabarrus County is expected to receive approximately $175,000.00 from HUD. Two public hearings are required in order for the County to receive the funding. At 6:39 p.m., Chairman Freeman opened the public hearing on the HOME Program in Cabarrus County. The Public Hearing Notice was published in THE CHARLOTTE OBSERVER (Cabarrus Neighbors) on January 15 and January 18, 2004. There was no one present to address the Board, and Chairman Freeman closed the public hearing. Mr. Marshall advised that no action was required at this time. Acceptance of Local Law Enforcement Block Grant and Adoption of Related Budget Amendment - Public Hearin~ - 6:30 p.m. Captain Phil Patterson of the Cabarrus County Sheriff's Department reported that FY 2003 Local Law Enforcement Block Grant (2003-LB-BX-2692) funds will be received on a cost reimbursement basis and used to purchase a polygraph machine for the Sheriff's Office. Federal Forfeiture Sharing Funds currently available will be used to provide the local ten percent match. At 6:40 p.m., Chairman Freeman opened the public hearing on the acceptance of the Local Law Enforcement Block Grant. The Public Hearing Notice was published in THE INDEPENDENT TRIBUNE on January 2, 2004. There was no one present to address the Board, and Chairman Freeman closed the public hearing.