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2003-05-19 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MAY 19, 2003PAGE 606 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, May 19, 2003, at 9:00 a.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, N. C. Members present were: Vice-Chairman Robert G. Greer; Commissioner Julia Boseman; Commissioner William A. Caster; Commissioner Nancy H. Pritchett; County Manager, Allen O’Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Davis arrived late due to defending a client in Court. Vice-Chairman Greer called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE County Manager O’Neal gave the invocation. Commissioner Caster led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Davis asked if any member of the Board would like to discuss or remove an item from the Consent Agenda. After hearing no comments, Chairman Davis called for a motion to approve the items on the Consent Agenda. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED 4 to 0. CONSENT AGENDA Approval of Minutes The Commissioners approved the following sets of minutes as submitted by the Clerk to the Board. Board of Equalization & Review Meeting, May 5, 2003 Regular Meeting, April 7, 2003 Special Meeting, January 30, 2003 Special Meeting, December 23, 2002 Closed Session, December 23, 2002 Closed Session, December 16, 2002 Adoption of Resolution Approving Contract # 03-0274 with Kardex, Inc. for Procurement of Three Storage and Retrieval Units for Voter Registration Records, and Approval of Budget Amendment #03-0188 The Commissioners adopted a resolution approving Contract #03-0274 with Kardex, Inc. and approved the associated budget amendment for procurement of three storage and retrieval units for voter registration records. Based on the sole source exemption allowed under N.C.G.S. 143-129(f), the County negotiated a purchase price of $71,742 and a trade-in price on three existing units of $9,000 resulting in a new payment of $62,742. The Chairman was authorized to execute the necessary contract documents. Funds are available in the budget for the Board of Elections to proceed with the purchase. Pursuant to N.C.G.S. 163-82.10, the County Board of Elections is required to maintain custody of the official registration record of all voters in the County in a secure place. In 1989, the State Elections Office standardized on the record filing system manufactured by Kardex, Inc. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 12.1. The Commissioners approved the following Budget Amendment: Budget Amendment #03-0188-General Government Adjustment Debit Credit Sale of Fixed Assets$9,000 Capital Outlay-Equipment$9,000 Explanation: To budget revenue from the sale of three Kardex Election Office Filing Units. Revenue received will be used to match existing department funds to purchase three Kardveyor Lektriever 102 units. Approval for Staff to Proceed with Developing a Bid Package for Dredging of the Intracoastal Waterway at Mason Inlet The Commissioners authorized Staff to proceed with developing a bid package, advertising and receiving bids for dredging of the Atlantic Intracoastal Waterway at Mason Inlet pursuant to Condition 17 of the Mason Inlet Relocation Project Permit issued by the Corps of Engineers and the April 21, 2003, notice from the Corps requiring shoaled material to be removed. The estimated cost for design and construction, including a 10% contingency, is $241,570. Staff will return with a recommendation for the award of a contract at a later date. The Figure “8" Island Beach Homeowners’ Association is contractually obligated to pay for this work, and the County is responsible for seeing that it is completed. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MAY 19, 2003PAGE 607 Adoption of Resolution Approving Revisions to the New Hanover County Purchasing Policy to Comply to Changes in General Statutes The Commissioners adopted a resolution approving the following revisions to the New Hanover County Purchasing Policy to comply with General Statutes regarding solicitation, award of bids, and disposal of property: •Increase formal bid threshold for purchasing contracts from $50,000 to $90,000 •Increase formal bid threshold for construction contracts from $100,000 to $300,000 •Designate the Finance Director or his designee to keep a record of all property sold pursuant to General Statute 160A-266(c) with no other reporting requirement A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 12.2. Acceptance of Tax Collection Reports Through April 30, 2003 The Commissioners accepted the following Tax Collection Reports through April 30, 2003, 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 12.3. Release of Values - Tax Department The Commissioners approved release of a late listing penalty for the following taxpayer since it was his first offense: Johnson, Jerry B.$65.43 The Commissioners approved delinquent applications for exemption from the property tax for the following organizations: Ogden Advent Christian ChurchR0446-001-005-000 R04410-001-005-000 R04410-001-006-000 Windemere Presbyterian ChurchR05018-004-001-000 Approval of 2001 Exemption on Partially Completed Construction for Cameron Art Museum Parcel #R06500-003-099-000 The Commissioners approved exemption from 2001 taxes in the amount of $1,537,677 on the partially completed construction of the Cameron Art Museum, Parcel R06500-003-099-000. At its April 21, 2003 meeting, the Board of County Commissioners approved the exemption of property which had no construction started on January 1. This is a change in direction, philosophy and consistency with the application of the General Statute previously adhered to by the Board of County Commissioners. In making this decision, it was the feeling of the Board that other such appeals have been heard by the N. C. Property Tax Commission that resulted in approval of the exemption requests. This exemption request was initially denied for 2001. Approval of Budget Amendment#03-0177-Health Department/Women-Infants-and Children The Commissioners approved the following Budget Amendment: Budget Amendment #03-0177-Health Department/Women-Infants-and Children Adjustment Debit Credit WIC Health Grant$9,545 Salaries and Wages $9,545 Explanation: To budget an increase in the Women, Infant and Children (WIC) State grant for FY 2002-2003 due to an increase in the WIC caseload. Approval of Budget Amendment#03-0183-Social Services The Commissioners approved the following Budget Amendment: Budget Amendment #03-0183-Social Services Adjustment Debit Credit DSS Administrative Grants$7,696 Assistance Payments$7,696 Explanation: Received an additional State allocation. No additional County dollars are required. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MAY 19, 2003PAGE 608 Approval of Budget Amendment #03-0186-Health-Project Assist The Commissioners approved the following Budget Amendment: Budget Amendment #03-0186-Health-Project Assist Adjustment Debit Credit Project Assist$11,000 Salaries and Wages$11,000 Explanation: Reduction in grant funds for Project Assist Health Educator because the position has been vacant for several months. Approval of Budget Amendment#03-0189-Federal Forfeited Property for Sheriff’s Department The Commissioners approved the following Budget Amendment: Budget Amendment #03-0189-Federal Forfeited Property Adjustment Debit Credit Federally Forfeited property$31,376 Capital Project Expense$31,376 Explanation: To increase the budget for additional revenue received on 4/4/03 and 4/16/03. Federal Forfeited Property funds are budgeted as received and must be used for law enforcement as deemed necessary by the Sheriff. Approval of Budget Amendment#03-0190-Controlled Substance Tax for Sheriff’s Department The Commissioners approved the following Budget Amendment: Budget Amendment #03-0190-Controlled Substance Tax Adjustment Debit Credit Controlled Substance Tax$11,457 Capital Project Expense$11,457 Explanation: To increase the budget for additional revenue received on 3/18/03, 4/4/03 and 4/29/03. Controlled Substance Tax funds are budgeted as received and must be used for law enforcement as deemed necessary by the Sheriff. Approval of Budget Amendment#03-0195-Sheriff’s Office The Commissioners approved the following Budget Amendment: Budget Amendment #03-0195-Sheriff’s Office Adjustment Debit Credit Jail Fees-State Incarcerations$300,000 Contributions from Schools$ 9,000 Departmental Supplies$300,000 Salaries and Wages$ 9,000 Explanation: To budget $9,000 in revenue from the schools for School Resource (SRO) coverage at the Nova Net Program and to budget an additional estimated $300,000 in jail fees for items the Sheriff feels are essential. The Nova Net Program is the night school operated at Lakeside School for students suspended from the traditional day schools. Approval of Budget Amendment#03-0196-Juvenile Day Treatment Center The Commissioners approved the following Budget Amendment: Budget Amendment #03-0196-Juvenile Day Treatment Center Adjustment Debit Credit Juvenile Justice Delinquency-state$38,456 M&R-Buildings and Grounds$ 4,456 Building Modifications$34,000 Explanation: To increase the budget for an increase in funding as a result of a reversion of JJDP funds from other agencies. PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS: County Manager O’Neal requested the following employees to step forward to receive service awards: NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MAY 19, 2003PAGE 609 Kimberly A. Roane Health Department Five Years of Service Jeraldine K. TaylorHealth DepartmentFive Years of Service Tawana L. RoyLibraryFive Years of Service Larry P. Jones, Jr.Property Management Ten Years of Service Kelly H. RedenbaughSocial Services DepartmentTen Years of Service Brenda S. HuntLibraryFifteen Years of Service On behalf of the Board, Vice-Chairman Greer presented service awards to each employee and expressed appreciation to them for their years of dedicated service to New Hanover County. RECOGNITION OF NEW EMPLOYEES: County Manager O’Neal requested the following new employees to stand and be recognized: Gina HerringBoard of Elections Matthew DavisFire Services Mark Kenion Health Department Nancy ScottRegister of Deeds On behalf of the Board, Vice-Chairman Greer welcomed these new employees to New Hanover County government and wished them success with their new positions. ADOPTION OF RESOLUTION IN RECOGNITION OF DAN SUMMERS FOR SERVICE GIVEN TO NEW HANOVER COUNTY AS DIRECTOR OF THE EMERGENCY MANAGEMENT DEPARTMENT County Manager O’Neal advised that Mr. Summers was not able to attend the meeting and stated that he would deliver the resolution to him since he had left to become a Director of Emergency Management in Naples, Florida. Vice-Chairman Greer read the resolution into the record and advised that Dan Summers had been Director of Emergency Management since 1984. During this period, he shaped New Hanover County and its residents into one of the most disaster-resistant and storm-ready communities in the country. Under his direction, New Hanover County has weathered storms, fires and other natural and man-made emergencies. During Hurricanes Diana, Bertha, Fran, Dennis, Floyd and numerous tropical storms, not one life was lost in New Hanover County. His loyal service to the City and County are greatly appreciated. Vice-Chairman Greer closed by saying that Mr. Summers will be sorely missed and he called for a motion to adopt the resolution. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to adopt the resolution of appreciation to Dan Summers for his outstanding leadership and service while serving as Director of Emergency Management in New Hanover County. Upon vote, the MOTION CARRIED 4 to 0. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 12.4. ADOPTION OF PROCLAMATION DECLARING IN NEW HANOVER OLDER AMERICANS MONTH COUNTY Ms. Allison Bowers, Chairperson of the Senior AIDES Advisory Council, expressed appreciation to the Board for being able to make a brief presentation on the importance of recognizing seniors in the workforce. She presented the following report. The Senior AIDES Program is federally funded through Senior Service America under Title V, the Older Americans Act. This program operates jointly through the support of the Cape Fear Area United Way and the U. S. Department of Labor. The United Way is responsible for the local administration and management of the federal funds. The mission of the Senior AIDES Program is to enable older workers to achieve gainful employment and personal development through community service and training while providing useful part-time community service and promoting transition to unsubsidized employment. During 2002, the following accomplishments were made by the Senior AIDES Program: •This program currently employs 68 older adults •Twenty-four Senior AIDES were assisted with permanent unsubsidized employment •The program provides 81,874 hours of community service •The program employs 110 older adults at 40 agencies •The breakdown of the agencies is 17 in New Hanover County, 9 in Brunswick County, 9 in Columbus County and 5 in Pender County The benefits received to the employers are as follows: •Cost Savings •Obtain applicants with loyalty, dependability, maturity, strong work ethic and flexibility •Applicants have the skills, aptitude and attitude needed to perform a variety of duties. In concluding the presentation, Ms. Bowers presented charts showing the projected population growth of older adults and stated that seniors placed in community service assignments contribute to the general welfare of the community. She urged the Board to recognize the value of seniors and support the Senior AIDES Program. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MAY 19, 2003PAGE 610 Commissioner Pritchett advised that her son had recently opened a small business and after experiencing a problem with hiring a younger person, she suggested that he find a senior adult interested in work. A few weeks later, he called and said he had hired a senior citizen who was not quite as fast as a younger person, but she arrives early each day, works her shift, takes care of the customers, and is an outstanding loyal employee who is valuable to the business. Commissioner Pritchett expressed appreciation to Ms. Bowers for making a brief presentation on the many contributions made by senior citizens to the community. Vice-Chairman Greer expressed appreciation to Ms. Bowers for an excellent report and read a proclamation declaring May 2003 as Older Americans Month with the theme being, “What We Do Makes a Difference” in New Hanover County. He called for a motion to adopt the proclamation. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to adopt the proclamation as read. Upon vote, the MOTION CARRIED 4 to 0. On behalf of the Board, Vice-Chairman Greer presented the proclamation to Ms. Bowers. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit XXVII, Page 12.5. ADOPTION OF RESOLUTION SUPPORTING THE PRESENTATION OF THE U.S. MARINE CORPS BAND AT KENAN AUDITORIUM ON JULY 10, 2003 BY AMERICAN LEGION POST # 10 IN COMMEMORATION OF THE 50 TH ANNIVERSARY OF THE SIGNING OF THE TRUCE ENDING THE KOREAN WAR Mr. Charlie Willis, Commander of the American Legion Post #10, requested all persons to pause and th remember the 50 Anniversary of the signing of the truce that ended the Korean War. There were177,461 North Carolina servicemen defending our country and 784 gave their lives to protect our freedom. Currently, there are 15,260 veterans living in North Carolina of whom 2,320 served in the Korean War. th In an effort to commemorate the 50 Anniversary, the American Legion and UNCW will present a program featuring the U. S. Marine Corps Band at Kenan Memorial Auditorium on July 10, 2003. All citizens are requested to attend this event to honor these servicemen. Vice-Chairman Greer read a resolution into the record. He called for a motion to adopt the resolution. Commissioner Boseman advised that her father volunteered and served as a Sergeant in the Korean War and stated that her family had never forgotten the war. She expressed appreciation to Mr. Willis for the ceremony being th planned to honor the 50 Anniversary of the truce being signed. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to adopt the resolution endorsing the presentation of the U.S. Marine Corps Band at Kenan Auditorium on July 10, 2003 by American Legion Post #10 th in commemoration of the 50 anniversary of the signing of the truce that ended the Korean War. Upon vote, the motion CARRIED 4 to 0. Vice-Chairman Greer advised that the American Legion is trying to raise money to assist with funding the event to be held on July 10, 2003, and stated that if anyone would like to contribute to the cause, a donation can be forwarded to the Band Program, American Legion Post #10, Post Office Box 3094, Wilmington, N. C. 28406. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 12.6. PRESENTATION ON STATUS OF VETERANS SERVICES IN NEW HANOVER COUNTY Mr. Bud Baker, New Hanover County Veterans Service Officer, stated that it was a honor to serve the veterans of New Hanover County and reported that the Mission Statement is to provide services to the veterans to the best of his ability. Since August 2002, the office has served over 1,200 veterans. The veterans population continues to increase. In 1999, there were 15,804 veterans and currently there are over 18,752 veterans in New Hanover County which represents a 19% increase. Vocational rehabilitation training programs have increased in an effort to retrain these veterans so they can secure jobs. In comparison to surrounding counties, New Hanover County has a larger number of veterans receiving assistance in education, office visits, insurance, and burial expenses. Every effort is being made to continue to provide these needed services. Vice-Chairman Greer advised that many people think there are a number of people working in the Veterans Services Office when there is only one employee, Mr. Bud Baker. He does an exceptionally fine job in meeting the needs of our veterans. Mr. Baker advised that it was an honor and pleasure to serve as the Veterans Services Officer for New Hanover County. PRESENTATION ON THE FIRST ANNUAL AIRLIE ARTS FESTIVAL Mr. Thomas Herrera-Mishler introduced Ms. Ronna Zimmer, Chairman of the Steering Committee, and requested her to report on the success of the Airlie Arts Festival. Ms. Zimmer reported that the first annual Airlie Arts Festival drew well over 10,000 visitors to New Hanover County’s lovely public garden, doubling the Gardens’ visitation rate for the season in just one weekend. Fine artists and NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MAY 19, 2003PAGE 611 artisans from across the nation participated in the juried show, coming from as far away as Florida, Texas, New York th and Pennsylvania. Many of Wilmington’s best artists were also represented. Skilled acoustic musicians with the 13 Annual Cape Fear Folk Festival filled the air with their own compositions, and the highly competitive new song competition was held on Sunday afternoon. Creative activities allowed children to make their own art projects including the wacky wearable “recycled” art, displayed in a homegrown parade each afternoon. The Gelede Spectacles were an integral part of the festival providing African drumming and dancing throughout the weekend. Corporate sponsors provided $27,000 in cash donations and over $60,000 of in-kind support. Every major media outlet in the region was a gold or platinum sponsor of the event resulting in extraordinary advertising for the festival. The Star News published the festival’s program guide and distributed it to over 61,000 subscribers. In planning for over a year, more than 300 volunteers helped to make the weekend a success. A letter to the editor in last week’s Star News stated, “There is little doubt in my mind that next year there will be an increase of visitors who come to the area specifically to attend the festival. And I’m sure that local merchants, hotels and restaurants will be ready for the influx in visitors.” The weekend was a joyous celebration of art, music, food, flowers, and fun. The First Look Gala drew over 700 people to get a preview of the artwork for sale and to enjoy an Italian themed garden party. Airlie’s first Friday Jazz series drew a standing room only crowd. The Airlie Gardens Foundation and Staff are very proud of this event and the positive feedback received. The festival clearly helps fulfill the mission of Airlie Gardens which is to: Establish an outstanding historic garden that offers environmental education and cultural programs to the residents and visitors of New Hanover County. Vice-Chairman Greer, on behalf of the Board, expressed appreciation to Ms. Zimmer, Director Herrera- Mishler, Staff members and volunteers for the hard work and hours given to present such an outstanding event. Commissioner Pritchett spoke on this being a wonderful event and stated that the quality of the art was amazing, and she asked when the Airlie Arts Festival would be held next year. Director Herrera-Mishler responded that the Arts Festival will be held from April 30, 2004 through May 2, 2004. Director Herrera-Mishler spoke on the outstanding sponsorship from the community and stated the number of corporate sponsors who participated was most unusual for a first-year event during a poor economy. RBC Centura Bank provided a $10,000 platinum sponsorship for the event and the Home Deport created and set up an instant garden plaza to assist anyone who became separated from their partner. This action indicated the value of Airlie Gardens to the corporate community. In closing, Director Herrera-Mishler presented a signed limited edition of a print of the Oak Tree at the gardens in recognition of the First Annual Airlie Arts Festival. Vice-Chairman Greer accepted the print on behalf of the Board and expressed appreciation to all persons involved in the planning the event. REPORT ON THE "ENVIRONMENTAL QUALITY OF WILMINGTON AND NEW HANOVER COUNTY WATERSHEDS 2001-2002" STUDY Dr. Michael Mallin advised that the Environmental Quality of Wilmington and New Hanover County Watersheds report was a cooperative effort between the City and County with funding received in the amount of $60,000 from the County and $70,000 from the City. The report represents the ninth year of the New Hanover County Tidal Creeks Project and the fifth year of the Wilmington Watersheds Project. Water quality data are presented from a watershed perspective, regardless of political boundaries. The project involved 12 watersheds and 52 sampling stations. The following creeks were studied: Barnards Creek: There was a fecal coliform bacterial pollution problem at all three stations sampled in this watershed with higher counts compared with the 2000-2001 study. Lower Barnard’s Creek at River Road had poor water quality based upon the turbidity and fecal coliform counts plus an increased loading of all nitrogen species, suspended sediments, and biochemical oxygen demand (BOD) compared to the 2000-2001 study. Bradley Creek: Turbidity was not problematic during 2001-2002. Low dissolved oxygen was an occasional problem in brackish waters of the creek during summer and fall. Elevated nitrogen and phosphorous levels enter the creek in both the north and south branches, and one major algal bloom occurred in the south branch and in the creek at College Acres. Fecal coliform bacterial contamination was excessive at five of the seven stations sampled in 2001-2002, especially at the College Acres station, which proved to be contaminated 83% of the sampling trips. Brunt Mill Creek: A sampling station on Burnt Mill Creek at Princess Place had substandard dissolved oxygen during 33% of the sampling trips. This station also had poor microbiological water quality, exceeding the standard for human contact in 7 of 12 samples, and it hosted two algal blooms in 2001. The effectiveness of the Ann McCrary wet detention pond on Randall Parkway as a pollution control device was improved over last year. The pond led to a significant reduction in conductivity, ammonium, orthophosphate, total phosphorus, and fecal coliform bacteria. All water quality parameters indicated a subsequent worsening of the creek from where it exited to the pond to the downstream Princess Place sampling station. Fecal coliform bacteria and low dissolved oxygen are primary problems in Burnt Mill Creek. Futch Creek: This creek maintained good microbiological water quality since the channel dredging that occurred at the mouth of the creek in 1995 and 1996. Algal blooms and turbidity were not problems in 2001-2002. Dissolved oxygen concentrations improved water quality over last year’s assessment, and Futch Creek continues to display some of the best NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MAY 19, 2003PAGE 612 in the New Hanover County Tidal Creek System, due to generally low development and impervious surface coverage in its watershed. Greenfield Lake: The three tributaries of Greenfield Lake (near Lake Branch Drive, Jumping Run Branch, and Lakeshore Commons Apartments) all suffered from low dissolved oxygen problems on numerous occasions as did station GL-2340 within the lake. The three tributaries had frequent high fecal coliform counts and maintained geometric mean counts in excess of the State standard for human contact waters. The stream near Lakeshore Commons also maintained high nitrate and phosphate concentrations. Fecal coliform bacterial contaminant was prevalent at all in-lake and tributary stations during 2001-2002, although this contamination was not as high as previous years due to low runoff as a result of the drought. A large regional wet detention pond on the tributary Silver Stream did a good job of reducing pollutant loads to the lake from this drainage. There were significant reductions in nitrate, total nitrogen, orthophosphate, total phosphorus, and conductivity. The design of this pond consists of two interconnected basins containing large amounts of diverse aquatic vegetation with most inputs directed into the upper basin. This could serve as a potential model for future large ponds. Hewletts Creek: This creek received lower nutrient loading in its three upper branches compared with last year, due to the drought with only one algal bloom exceeding the State standard occurring in the south branch near Pine Grove Road. The middle branch had the highest nutrient concentrations, largely derived from two golf courses. Low dissolved oxygen was not a problem in 2001-2002. Fecal coliforms were not sampled in Hewletts Creek in 2001-2002. Howes Creek: Five stations were sampled in Howes Creek in 2001-2002. The lower creek maintained good water quality. In the upper creek, there were a few problems with low dissolved oxygen and occasional algal blooms. Fecal coliform bacteria counts were low near the Intracoastal Waterway, moderate in mid-creek, and high in the uppermost station during 2001-2002. Motts Creek: This creek was sampled at only one station, which was the River Road site. Three algal blooms occurred during this period, up from only one bloom last year. Low dissolved oxygen was a problem on 25% of sampling occasions in 2001-2002, and turbidity and suspended sediments were a periodic problem. Fecal coliform pollution was a frequent problem 50% of the time. The BOD tripled in 2001-2002 compared with 2000-2001, and algal blooms increased as well. Pages Creek: This creek maintained generally good water quality during 2001-2002. Nutrient loading and phytoplankton growth was low, even at the most anthropogenically-impacted stations. However, there was periodic low dissolved oxygen in warmer months at some stations receiving drainage from Bayshore Drive. Pages Creek was not sampled for fecal coliform bacteria during 2001-2002. This watershed has some of the lowest development and impervious surface coverage in the New Hanover County Tidal Creek System. Smith Creek: This creek had moderate water quality problems as reflected by several parameters. Turbidity and elevated suspended sediments occurred on occasion and algal blooms exceeded the State standard. Fecal coliform bacteria exceeded the State standard for contact waters 25% of the time at both stations. Low dissolved oxygen problems occurred 25% and 50% of the time at two of the Smith Creek stations during 2001-2002. Whiskey Creek: This creek had relatively high nutrient loading but generally low chlorophyll concentrations in 2001- 2002. There were several incidents of low dissolved oxygen at two of the five stations sampled this year, but high turbidity was not a problem. Samples for fecal coliform bacteria were not taken in 2001-2002. Lower Cape Fear Watershed: Sampling was continued in the creek draining Greenfield Lake into the Cape Fear River. Fecal coliform concentrations exceeded the State standards for human contact waters on 33% of the sampling occasions during 2001-2002. Other parameters were not problematic at this station. Mason Inlet Relocation Project: Five stations were studied in the Mason Inlet, with one station at the throat of inlet, two stations in Banks Channel, one in the middle of Mason Creek, and one in the Intracoastal Waterway. The group was contacted to study this area only one month before construction began on relocating Mason Inlet. Only three samples were obtained; however, after relocation of the inlet, twelve samples have been conducted. The samples show that fecal coliform concentrations were low before the Mason Inlet relocation and remained low after the inlet relocation. Turbidity was low before the relocation and remained low after the inlet relocation. Suspended sediments doubled after the inlet was relocated and the channel was opened. This turbidity was also present in Mason Creek which created in- fill and shoaling. The chlorophyll and nutrients were low before the inlet location and remained low after the inlet relocation. The relocation of Mason Inlet did not have an adverse impact upon common water parameters in the surrounding area and creeks. In concluding the presentation, Dr. Mallin reported that studying the watersheds over the years had provided valuable scientific data that can be used in the development of the Comprehensive Land Use Plan and watershed management plans. He offered to answer questions. Commissioner Caster asked why the sediment load increased. Dr. Mallin responded that due to the increase in traffic through the inlet, the sand is disturbed and it moves into Banks Channel and surrounding creeks. Commissioner Caster requested Dr. Mallin to explain the increase in the fecal coliform. Dr. Mallin explained that sewer is available in most of the areas discussed; therefore, the increase in fecal coliform is runoff from the land, comprised mainly of pet waste. There is a need to better control pet waste to reduce NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MAY 19, 2003PAGE 613 the amount of runoff into the creeks. Hearing no further comments, Vice-Chairman Greer, on behalf of the Board, expressed appreciation to Dr. Mallin for an informative report and for the years of study given study the watersheds. PRESENTATION OF THE COUNTY MANAGER'S FISCAL YEAR 2003-2004 RECOMMENDED BUDGET Vice-Chairman Greer requested County Manager O’Neal to present the recommended budget for FY 2003-2004. County Manager O’Neal reported that it was a pleasure to present the budget recommendation for the upcoming fiscal year. During the past two years, the County has downsized and become a lean efficient organization. Despite the continuation of slow economic times, the recommended budget does not have an ad valorem tax increase and is based on a 69 cent tax rate for the third year. The $208,160,432 General Fund budget recommendation includes increases in County contributions to New Hanover County Schools, Cape Fear Community College, funding for the new Detention Facility (new jail), and rewarding employees by budgeting a salary adjustment. Several months ago, when the Board of County Commissioners adopted the new one-half cent sales tax, the Commissioners set aside a goal of reducing the ad valorem tax rate by a penny or two. The new sales tax will bring in additional revenue; however, the Board must keep in mind that revenues have also decreased due to the State’s elimination of reimbursements to counties. The natural growth in the tax base projected for the new year is the lowest in recent history at less than 2%. This means that many challenges remain and those challenges will not permit reducing the ad valorem tax rate by one or two cents without eliminating services that give New Hanover County the quality of life that has attracted so many people to the community. The recreational and cultural services provided by the departments of Aging, Parks, Museum, and Library and make our County one of the most desired counties in the State of North Carolina. One penny on the tax rate next year equals $1,697,360. A decrease of two cents in the ad valorem tax rate will equal $3,394,000, which will require cutting services. In the current fiscal year, the County’s contribution to New Hanover County Schools did not increase. Opening the new Detention Facility will require a large increase in funding for the Sheriff’s Department. Due to expansion of the Court System and the need for increased safety, funding for court security will have to increase. County employees have not had a salary adjustment in two and one-half years. Funding for education should be, and has been, a top priority of this Board of County Commissioners. The Board of Education has requested a 7% increase of $3,100,000 in operating expenses. Since the School System went without an increase in funding this year, the request from the Board of Education is not unreasonable; however, in keeping with the Board’s request to present a budget without a property tax increase, it is recommended that the 7% increase be reduced to 3% or $1,600,000. The recommended funding for Cape Fear Community College is $3,972,409 representing an increase of $200,000. Because of opening new facilities, Cape Fear Community College requested a $500,000 increase, but in keeping with the direction from the Board not to increase the ad valorem tax, the entire request cannot be funded. The New Hanover County Detention Facility is scheduled to open in the fall. Increased funding for operations are included in the recommended budget. The new facility will be partially staffed by detention officers rather than sworn deputies which will hold down operating expenses. During the current year, 25 new positions were added for the operation of the new Detention Facility and the estimated increase in this expenditure is $2,100,000 for FY 2003- 2004. The inmate health care program will no longer be provided by the Health Department. This service will be contracted out at an increased cost to provide a more efficient and cost effective program. In addition,16 new positions were added in the current budget year to provide expanded court security representing an increase of $700,000 for FY 2003-2004. At the beginning of the budget process, County departments were instructed not to request new positions and none are recommended in the FY 2003-2004 Budget. Of 52 new positions created in the current fiscal year, 41 are to provide staffing for court security and the new Detention Facility. The remaining 11 positions are grant funded and will be eliminated at the end of the grant period. The County’s 1,380 employees have gone without salary adjustments for over two years, and some even longer. For the first time since the FY 2000-2001 budget year, $2,000,000 has been included in the FY 2003-2004 recommended budget for employee compensation, and $1,200,000 to fund the increased cost of health insurance for employees. Salary adjustments include a 3% market adjustment and a 2% merit increase. Pay raises are not across-the- board and are based only on job performance. New Hanover County employees provide a complex and varied array of services to the public. To attract and retain a highly qualified workforce, the County must appropriate sufficient funding to adjust its pay plan and fairly compensate its employees. Despite economic challenges, the current budget year has been a successful one with many accomplishments made by this Board of County Commissioners and Staff. In addition to those listed, the Human Relations Commission offices were relocated to 801 Princess Street as part of the sale of the former Annex Administration Building located at 414 Chestnut Street. The buyer plans to renovate these buildings and lease them to tenants, which will return these structures to the tax roll. In concluding the presentation, County Manager O’Neal offered to answer questions and advised that the Public Hearing for the FY 2003-2004 Budget will be held on June 2, 2003, at 7:00 p.m. in the Assembly Room of the New Hanover County Courthouse. Staff is requesting the Board to adopt the final budget at its regular meeting scheduled on June 16, 2003. He also noted that the Board of County Commissioners would be holding a Budget Work Session on May 29, 2003, following the Thursday Staff Meeting. Vice-Chairman Greer asked if any member of the Board would like to comment. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MAY 19, 2003PAGE 614 Commissioner Caster asked if the budget information was on the County website. Budget Director Griffin advised that budget information would be on the website within a few days. Commissioner Caster commented on the two-cent tax increase in the New Hanover County Fire Service District and requested County Manager O’Neal to explain the reason for this increase. Commissioner Pritchett, the Board’s representative on the Fire Commission, responded that the additional funding is needed to purchase new breathing apparatus for the firefighters and to establish a reserve fund to purchase new fire trucks in the future when old trucks have to be replaced. The Fire Services program is becoming an extremely professional organization that is moving toward more career personnel in the fire stations. This means that the response time will be improved and better fire protection will be provided to the community. County Manager O’Neal reminded the Board that the proposed two-cent tax increase will only apply to the unincorporated area of the County. Several Fire Departments in the unincorporated area have improved fire ratings which will reduce the insurance paid by homeowners. If a house is valued at $150,000, the taxes on the property will increase approximately $30 per year; however, with improvement of fire ratings, the property owner will save a substantial amount of money on insurance premiums. Commissioner Caster requested County Manager O’Neal to provide the following information: (1) figures showing the two-cent tax increase on a home valued at $150,000 versus the amount of money saved by the homeowner because of a reduction in the fire insurance rating; and (2) how the additional revenue received from the two-cent tax increase will be used by the Fire Services Department. County Manager O’Neal advised that he would be glad to provide the information requested. In further discussion, Commissioner Boseman requested County Manager O’Neal to explain the exact funding recommended for the School System. County Manager O’Neal responded that $1,000,000 from the General Fund Balance will be appropriated to the School System and $1,000,000 will be appropriated from the Schools Fund Fund balance for a total of $2,000,000. In further discussion of using the General Fund Balance to appropriate funding for schools, County Manager O’Neal advised that he, the Budget Director, and Finance Director were comfortable with removing $1,000,000 from this account. Commissioner Boseman asked if the General Fund Balance had increased this year. County Manager O’Neal advised that an increase had occurred in the General Fund Balance and stated that this figure would be provided to the Board. Commissioner Pritchett stressed the importance of the public understanding that the Schools Fund Fund balance was established specifically by the County for the schools. Removing money from this account does not take funding from the School System. This is a savings account to pay the bond debt service for the schools. She suggested renaming this fund to the “school bond savings account”. Vice-Chairman Greer expressed concern for using any funds that are not reoccurring funds to balance the budget. If $1,000,000 is removed here and there, this means that the County will be short of funding at the beginning of the budget process for the next year. He noted that he would be discussing this issue at the Budget Work Session scheduled on May 29, 2003. In further discussion of reducing the tax rate, County Manager advised that if the Board decides to reduce the ad valorem tax rate by two cents, the following actions or a combination of actions will have to be taken: •Eliminate funding increase to the School System and Cape Fear Community College •Eliminate all non-county agency funding •Eliminate New Hanover Human Relations Commission •Eliminate New Hanover County Veterans Services •Close or reduce Cape Fear Museum operations •Close or further reduce Library operations •Reduce Parks maintenance and hours of operation •Close or reduce operations at Airlie Gardens •Close or reduce operations at the Department of Aging •Eliminate County funding for operating the Cooperative Extension Service •Appropriate additional Fund Balance Chairman Davis arrived at 10:25 a.m. Chairman Davis noted that reimbursements not being received from the State equal $4,500,000 and revenue anticipated from implementing the new one-half cent sales is projected at $6,000,000 which means that the County will receive an additional $1,500,000. He advised that many people are asking how the additional sales tax revenue will be used. Budget Director Griffin advised that $2,100,000 will be needed for the new Detention Center; $2,000,000 will be need for the salary adjustment for employees; $1,000,000 for schools; $200,000 for Cape Fear Community College NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MAY 19, 2003PAGE 615 and other increases in various items In discussion of Medicaid costs increasing by $1,500,000, Chairman Davis asked if the County’s total contribution to Medicaid is $8,600,000, and if there are other states throughout the country that require a local match for Medicaid. Budget Director Griffin responded that New York is the only state other than North Carolina that requires a local match. Chairman Davis asked if the members of the N. C. General Assembly were considering a bill that will not require a local match for Medicaid. County Manager O’Neal advised that several bills have been introduced by various members of the General Assembly to phase out or immediately reduce the amount of the Medicaid match paid by local governments. It appears that no action will be taken on these bills in the current session. After hearing no further comments, Vice-Chairman Greer advised that Chairman Davis was back but had requested him to continue to chair the meeting since he had to return to court at 11:45 a.m. FIRST READING OF AMENDMENTS TO SOLID WASTE ORDINANCE, CHAPTER 44 Director of Environmental Management Ray Church reported that Staff was requested by the Board of County Commissioners to develop a countywide collection system for collection of municipal solid waste. In order to move forward with implementing a collection system, a Solid Waste Ordinance has to be adopted. He advised that Assistant County Attorney Holt Moore was present to answer questions regarding the legal aspects of the proposed ordinance, and Solid Waste Planner Jason Hale was present to respond to questions about the proposed system. Vice-Chairman Greer asked if any member of the Board would like to comment. Chairman Davis commented on the City’s collection system and asked if the proposed ordinance was similar to the City’s ordinance. Director Church responded that Staff made an effort to develop a similar ordinance to provide the same level of services as the City in the unincorporated areas of the County to avoid confusion. There will be a 90-gallon roll out cart for the garbage collection. Once this system is in place, the residents will receive curbside recycling, yard waste collection, and bulky item collection. The recycling service will collect the same materials as the City. Chairman Davis noted that he was pleased to hear that the ordinance was consistent with the City’s requirements because if consolidation should occur in the future, there would be no problem with the trash collection systems. Commissioner Pritchett advised that after serving a number of years as Director of Keep America Beautiful, the major priorities of the citizens were to reduce roadside litter and establish a countywide trash collection system. The implementation of this system will not cure roadside litter, but it will greatly assist with illegal dumping. A countywide collection system is badly needed and a majority of the citizens living in the unincorporated county want the same collection services that are being provided by the City. Vice-Chairman Greer stated with all due respect to Commissioner Pritchett and Director Church, he had been opposed to a countywide solid waste collection system for a number of reasons for several years. He expressed concern for imposing another fee on the citizens for the purpose of generating additional revenue to continue to operate the incinerator. He informed the Board that he could not support the ordinance amendment. Chairman Davis referenced the Enforcement Section 44-58 on Page 11 and commented on having a criminal misdemeanor violation, injunction order of abatement violation, civil penalty violation and disconnection of water and sewer service as penalties for non-conformance, and he asked if there were any legal problems with enforcing these violations when people do not abide by the ordinance. Assistant County Attorney Holt Moore responded that no problems should be experienced with enforcing penalties for violation of the ordinance. Once the public is properly notified of the violations, particularly the disconnection of water and sewer services, the County can legally enforce the ordinance. In discussion of persons having hardships, Commissioner Pritchett advised that under Section 44-42 on Page 2 of the ordinance, there is a hardship provision whereby the Director of Environmental Management can exempt customers because of an infirmity, age, or some other reason. She stressed the importance of these people being responsible for contacting the Director of Environmental Management to seek another remedy. Commissioner Pritchett also commented on the ordinance only referring to a 90-gallon container and asked if this means that small containers will be not available by choice. Director Church responded that smaller containers will not be available when the collection system is first implemented; however, the small containers will probably be available in the future. Vice-Chairman Greer asked if the County would be required to pay for the containers. Director Church responded that the waste haulers will pay for the containers and there will be no cost to the County. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MAY 19, 2003PAGE 616 Hearing no further discussion, Vice-Chairman Greer requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to approve the ordinance amendment to Chapter 44 of the County Code to establish a countywide solid waste collection and disposal system. Upon vote, the MOTION CARRIED 3 to 2. Vice-Chairman Greer and Commissioner Caster voted in opposition. Since the ordinance did not receive a majority vote on the first reading, a second reading will be held on June 2, 2003. COMMITTEE APPOINTMENTS Appointment to the Commission for Women Vice-Chairman Greer announced that one vacancy needed to be filled on the Commission for Women and advised that five applications have been received. He opened the floor to receive nominations. Commissioner Boseman nominated Janet Coleman. The nomination was seconded by Commissioner Caster. Vote: Hearing no further nominations, Vice-Chairman Greer called for vote on the appointment of Janet Coleman. Upon vote, the Board voted unanimously to appoint Janet Coleman to serve a 3-year term on the Commission for Women with the term to expire May 31, 2006. BREAK Vice-Chairman Greer called a break from 10:40 a.m. until 10:53 a.m. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Davis convened from Regular Session at 10:54 a.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Davis reconvened to Regular Session at 11:25 a.m. DISCUSSION OF THE COUNTY AND CITY ENTERING INTO A FACILITATION PROCESS TO MOVE FORWARD WITH AGREEING UPON A CONCURRENT RESOLUTION TO ESTABLISH A GOVERNMENTAL CONSOLIDATION STUDY COMMISSION Commissioner Caster spoke on the importance of moving forward with consolidation and stated that he would like for the Board to consider hiring a facilitator to sit down with the City Council and Board of County Commissioners to see if an agreement could be reached to move forward with the consolidation process. He stated that he was disappointed when City Council changed the concurrent resolution adopted by both governing bodies at the joint meeting in January, but noted that Council Members do have that right. He requested the Board to make a good faith effort to continue the consolidation effort by hiring a facilitator to work with both governing bodies. Vice-Chairman Greer expressed appreciation to Commissioner Caster for being so optimistic and stated that unfortunately the City Council, not the Board of County Commissioners, was impeding the consolidation process. Commissioner Caster responded that he felt consolidation was so important that the Board of County Commissioners should agree to hire a facilitator so both governing bodies as twelve elected officials can sit down face to face at the same table to see if their differences can be resolved. He asked Vice-Chairman Greer what the City Council could do to resolve some of his concerns. Vice-Chairman Greer stated that a joint meeting was held in January, and both governing bodies adopted concurrent resolutions to proceed with consolidation of the two governing bodies. A committee was established comprised of two County Commissioners and two City Council Members to complete the current resolution regarding the appointment of a Consolidation Study Committee to be charged with preparing a consolidation plan to present to the voters in the November 2004 general election. This committee agreed on the changes in the concurrent resolution and requested approval of the resolution by each governing body. The Board of County Commissioners adopted the revised concurrent resolution. The City Council did not adopt the resolution but made changes that leaned toward functional consolidation instead of full consolidation. At the current time, it is difficult to believe that the Commissioners can do anything if the Council Members are not willing to fulfill their part of the agreement. Commissioner Caster again stressed the importance of both governing bodies meeting and sitting down to discuss this issue. After discussing this matter with some Council Members, there are four members who are positive about trying to use a facilitator to see if the differences can be resolved. If the Commissioners will agree to use the services of a facilitator for combining water and sewer services, it should be possible to use the same process for resolving differences regarding consolidating the two governments. Chairman Davis advised that using a facilitator for combining water and sewer services was not the same as adopting a concurrent resolution to appoint a Consolidation Study Commission. He respectfully disagreed with the comment made by Commissioner Caster saying that the City Council has the right to change the concurrent resolution adopted by both governing bodies. When a person or group reaches an agreement, that person or group should uphold the agreement. All that City Council has to do is to adopt the concurrent resolution approved by the steering committee that was previously agreed upon by both governing bodies at the January 13, 2003 joint meeting. Commissioner Pritchett expressed concern for the changes made to the concurrent resolution by the City Council and stated these revisions were totally related to functional consolidation which has nothing to do with full consolidation. These are separate issues. Functional consolidation does not require voter approval. It appears the City Council is not NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MAY 19, 2003PAGE 617 interested in pursuing total consolidation. Commissioner Caster advised that he felt when these changes were made after the joint meeting, some of the Council Members felt that Council did not know what was being voted on that evening. He stated that if the Commissioners are not willing to try to work with the City Council, it will be too late to place a consolidation plan before the voters in the November 2004 general election. There are four Council Members that appear to be in favor of consolidation and if the Commissioners do not discuss this issue with City Council, nothing will happen. Commissioner Pritchett stated that to follow through with a fractured City Council would be totally unwise. If there are not seven Council Members who want to discuss consolidation, she would not be interested because the Council will find a way to get out of the situation. There needs to be a full agreement, not a partial agreement, which is far too fragile. Commissioner Caster advised that it would be nice to have unanimity on the City Council but the reality of politics is that often unanimity does not occur. If there are four Council Members in favor of hiring a facilitator and moving forward with the consolidation process, it is worth a try. Motion: Commissioner Caster MOVED to request the County Manager and City Manager to meet and select a facilitator at no cost except for actual expenses to be shared equally by the City and County, and thereafter the City Council and Board of County Commissioners will meet with the facilitator to discuss full consolidation of the two governing bodies. Vice-Chairman Greer called for a SECOND to the motion. Hearing no second, the MOTION FAILED. Chairman Davis left the meeting to return to Court at 11:45 a.m. ADDITIONAL ITEMS Recognition of Wanda Coston for Being a Nominee to Receive the YWCA Cape Fear Women of Achievement Award Commissioner Pritchett commented on the YWCA Cape Fear Women of Achievement Award banquet and stated that one of the nominees was Ms. Wanda Coston, Community Planner for New Hanover County. She advised that Ms. Coston is an outstanding young woman who does an excellent job in providing good housing for lower income individuals in the community. She commended Ms. Coston for her work and stated that New Hanover County was fortunate to have her as an employee. Commissioner Caster noted that he also attended the banquet and he congratulated Ms. Coston for being nominated. Judging Senior Projects at New Hanover High School Commissioner Pritchett spoke on judging senior projects at New Hanover High School and stated that anyone who has not participated in this event is missing a wonderful opportunity to see young people showcase what they have learned. She encouraged people to volunteer to be judges. In closing, Commissioner Pritchett advised that she received an orange and black pen for participating as a judge, but stated in her Hoggard Alumni household, this pen would not be greatly welcomed, therefore, she would give it to Vice-Chairman Greer since he graduated from New Hanover High School. Vice-Chairman Greer expressed appreciation for the pen and stated that he was a judge at Ashley High School and was amazed at the projects presented. He also encouraged people to participate in this event. Cape Fear Community College Graduation Commissioner Caster commented on attending the Cape Fear Community College graduation ceremony and stated that it was an uplifting event. He also noted that it was the largest class to graduate in the history of the College. Closing the Gap Breakfast Commissioner Caster reported that he and Vice-Chairman Greer attended the Closing the Gap breakfast, which is an effort to improve the gap between grades of minority and majority students. One suggestion made was to request businesses and governments to allow employees to be off one day a year to be with their children in school. He asked if New Hanover County had considered this policy. County Manager O’Neal advised that approximately 10 years ago, the Board of Commissioners at that time adopted a policy to allow eight hours off per year per employee to be with their children in school. Museum Volunteer Luncheon Commissioner Caster advised that he, Vice-Chairman Greer, and Commissioner Pritchett attended the Museum Volunteer luncheon and stated it was an enjoyable event. Farewell to Dan Summers Commissioner Caster advised that the farewell event for to Emergency Management Director Dan Summers was superb and enjoyed by all. Community Action Awards Banquet Commissioner Caster reported on attending the Community Action Awards Banquet and stated that the entire building was being renovated including the auditorium. Once this project is completed, the auditorium that will be named after Mr. Johnny McKoy who has volunteered with the Community Action group for 30 years. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MAY 19, 2003PAGE 618 Dedication Ceremony for Veterans Park Commissioner Boseman advised that she and Commissioner Caster attended the dedication for Veterans Park and the opening ceremonies for the Optimist Club which were enjoyable events. All persons attending were quite pleased with the Veterans Park complex. Commissioner Caster noted that portable pitching mounds were being used at the ballfield field which allows the mounds to be moved to create a baseball field or softball field. He stated that New Hanover County should be proud of this exceptionally nice facility and he encouraged everyone to visit Veterans Park. Announcement of Relocating the Tax Department to Market Place Mall County Manager O’Neal reported that moving the Tax Department to Market Place Mall will require closing offices for business starting Friday, May 23, 2003 at Noon until Wednesday, May 28, 2003 at 7:30 a.m. Tax payments th can be left at the Tax Department deposit box on the 4 Street side of the County Administration Building or on line at www.nhcgov.com with a convenience fee charged by the contract. Real estate tax information will remain available on the County website. Any inconvenience caused to the public is regretted, but the new facility will better serve our citizens and provide badly needed parking. Vice-Chairman Greer expressed concern for the offices being closed that long. County Manager O’Neal reminded the Board that Monday was a holiday and the offices would only be closed for one and one-half days. Commissioner Pritchett asked if the Board of Realtors had been informed of the proposed schedule. County Manager O’Neal advised that he would be sure the attorneys and Realtors were notified. Award Received from the Historic Wilmington Foundation County Manager O’Neal reported that New Hanover County received an award from the Historic Wilmington Foundation for “Compatible New Construction” in recognition of the W. Allen Cobb Judicial Annex. Budget Work Session Scheduled on May 29, 2003 County Manager O’Neal reminded the Board of the Budget Work Session to be held on Thursday, May 29, 2003, at 5:15 p.m. following the Staff meeting and requested the Clerk to the Board to provide sandwiches since the meeting should last until 7:00 p.m. Discussion of Imposing a Tobacco Tax by the N. C. General Assembly County Manager O’Neal advised that discussion is being held by the General Assembly about imposing a tobacco tax. At this time, there is no way to determine the amount of revenue that will be generated by this tax. If the tax is enacted, it will be a local option tax. According to sources in Raleigh, it does not appear that any action will be taken during this session of the General Assembly. Staff will keep the Board informed if any additional information is received. ADOPTION OF RESOLUTION TO AUTHORIZE THE SALE OF $30,100,000 OF NEW HANOVER COUNTY GENERAL OBLIGATION REFUNDING BONDS Vice-Chairman Greer reported that a resolution has been presented to provide for the sale of New Hanover County General Obligation Refunding Bonds. This authorizes the County to sell bonds for refunding purposes in accordance with the bonds order adopted on May 5, 2003. Vice-Chairman Greer called for a motion to adopt the resolution. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to adopt the resolution as presented. Upon vote, the MOTION CARRIED 4 TO 0. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 12.7. Vice-Chairman Greer requested Finance Director Shell to comment on the amount of money that will be saved for New Hanover County by refunding General Obligation Bonds for the County and Water and Sewer District. Finance Director Shell stated that originally Staff felt approximately $1,900,000 would saved; however, with changes in the bond market, the savings will be in excess of $2,000,000 or perhaps as high as $2,500,000. Vice-Chairman Greer expressed appreciation to Finance Director Shell for saving the County a significant amount of money. Recognition of Public Information Officer for Receiving Recognition by the National Association of Counties County Manager O’Neal informed the Board that Mr. Mark Boyer, Public Information Officer, and Mr. Eric Peterson, Television Production Specialist, won first place in the National Association of Counties competition for the PSA, Am I Safe, and second place for the documentation on Forever Family, the Fostering Adoption Program in New Hanover County. These awards will be presented this summer at the National Association of Counties Annual Conference to be held in Milwaukee, Wisconsin on July 10, 2003. Vice-Chairman Greer, on behalf of the Board, congratulated Mr. Boyer and Mr. Peterson, for this outstanding recognition. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MAY 19, 2003PAGE 619 NON-AGENDA ITEMS Vice-Chairman Greer announced that time has been reserved to allow the public to present an item that was not listed on the regular agenda. He requested all persons speaking to limit their remarks to three minutes. . No items were presented MEETING RECESSED FOR LUNCH Vice-Chairman Greer recessed the meeting from 12:30 p.m. until 1:15 p.m. CLOSED SESSION Vice-Chairman Greer called for a motion to enter into a Closed Session pursuant to N.C.G.S. 143-318.11(a)(5) to instruct the public body’s staff concerning the position to be taken by or on behalf of the public body in negotiating the price and other material terms of a proposed contract for the acquisition of real properties. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to enter into Closed Session for the purposes stated. Upon vote, the motion CARRIED UNANIMOUSLY. Vice-Chairman Greer convened to Closed Session at 1:45 p.m. Vice-Chairman Greer reconvened to Regular Session 3:30 p.m. Vice-Chairman Greer reported that during the Closed Session the Board did not take any official action but gave instruction to Staff concerning negotiations for potential real estate acquisitions. The Board also directed Staff to sell the Law Enforcement Center located at Fourth and Market Streets. ADJOURNMENT Vice-Chairman Greer called for a motion to adjourn the meeting. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to adjourn the meeting. Upon vote, the MOTION CARRIED 4 to 0. Vice-Chairman Greer adjourned the meeting at 3:45 p.m. Respectfully submitted, Lucie F. Harrell Clerk to the Board