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2002-04-15 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 MINUTES OF REGULAR MEETING, APRIL 15, 2002PAGE 126 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, April 15, 2002, at 9:00 A.M. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Chairman Ted Davis, Jr.; 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. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Paul Waters, Pastor of Myrtle Grove Baptist Church, gave the invocation. Commissioner Pritchett 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. County Manager O'Neal requested removal of Consent Agenda Item 9 to allow Staff time to prepare a more comprehensive packet so this item can be discussed on May 6, 2002. Commissioner Caster requested removal of Consent Agenda Item 2 for further discussion. He also referenced Consent Agenda Item 8 and advised that the Board is ratifying the reappointment of Mr. Hughs to serve on the Nursing Home Community Advisory Committee since he has completed the initial first year term and is eligible to serve a 3-year term pursuant to State Statutes. After hearing no further comments, Chairman Davis called for a motion to approve the remaining items on the Consent Agenda. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to remove Consent Agenda Item 9 from the Consent Agenda to be discussed on May 6, 2002, remove Consent Agenda Item 2 for discussion, and approve the remaining items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the Regular Meeting of April 1, 2002, as presented by the Clerk to the Board. Authorization for the Main Library to File an Application for the EZ-LSTA Basic Equipment Grant to Purchase of Seven (7) PC’s The Commissioners approved filing of an application for an EZ-LSTA Basic Equipment grant in the amount of $9,683 to provide seven PC's for use by the public at the Main Library for accessing the Internet and library electronic resources. No County match is required. The County Manager was authorized to accept the grant if awarded. Approval of Consolidated Contract Between the North Carolina Department of Health and Human Services and the New Hanover County Health Department The Commissioners approved the consolidated contract between the N. C. Department of Health and Human Services and the New Hanover County Health Department. This agreement is for the purpose of maintaining and promoting the advancement of health in North Carolina, and it sets forth the terms and conditions applicable for the activities carried out by the Health Department involving State funding. The total funding is $ 2,652,541 ($1,688,119 in State Grants; and $ 964,422 in Title XIX Medicaid reimbursement) for services provided by the Health Department. The County Manager was authorized to sign the State Consolidated Agreement for the period from July 1, 2002 through June 30, 2003. A copy of the consolidated contract is on file in the Legal Department. Approval of Health Department Fee Changes Based on Adjusted Medicaid Rates The Commissioners approved the Health Department fee changes based on adjusted Medicaid rates. A listing of new Medicaid rates effective February 1, 2002, was received from the Department of Health and Human Services, which necessitated the adjustment of current fees. There should be little or no change in revenue since some rates increased slightly and others decreased. Acceptance of Tax Collection Reports Through March 31, 2002 The Commissioners accepted the following Tax Collection Reports through March 31, 2002 as submitted by the Collector of the Revenue, Patricia J. Raynor: New Hanover County Fire District New Hanover County NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 MINUTES OF REGULAR MEETING, APRIL 15, 2002PAGE 127 Copies of the Tax Collection Reports are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXVII, Page 18.1. Release of Values - Tax Department The Commissioners approved a delinquent application for exemption from the property tax for the following organization: New Beginning Christian ChurchR05405-027-001-000 R05405-027-001-001 R05405-027-002-000 R05405-027-010-000 The application and letter explaining the late filing are available upon request in the Tax Office. Reappointment of Joseph F. Hughes to Serve on the Nursing Home Community Advisory Committee The Commissioners ratified the reappointment of Joseph F. Hughes to serve a 3-year term on the Nursing Home Community Advisory Committee to expire April 30, 2005. Mr. Hughes has served an initial one-year term and is eligible to serve a 3-year term pursuant to State Statutes. Adoption of Resolutions Requesting the N. C. Department of Transportation (NCDOT) to Add Roads in Greenbriar South Subdivision, NorthChase at Marlwood, and the NorthChase Business Park to the State Road System The Commissioners adopted resolutions requesting the NCDOT to add roads in the Greenbriar South Subdivision (Div. File No. 1014-N) and in NorthChase at Marlwood and NorthChase Business Park (Div. File No. 1019- N) to the State Road system. Copies of the resolutions are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXVII, Page 18.2. Authorization to File an Application to the NCDOT Rural Operating Assistance Program Funds for New Hanover Transportation Services The Commissioners authorized the filing of an application for funds in the amount of $131,568 from the N.C. Department of Transportation Rural Operating Assistance Program funds for FY 2002-2003. These funds must be used to provide transportation services to the elderly, disabled, Work First, and general public of the unincorporated areas of the County. No local match is required, and services are provided via New Hanover Transportation Services. Approval of Budget Amendment #02-0163 - Aging/Nurtition-Home Delivered/Nutrition-Congregate The Commissioners approved the following budget amendment: AdjustmentDebitCredit Nutrition- Home Delivered: Nutrition - CDBG$6,632 Contracted Services - Meals$6,632 Nutrition - Congregate: Nurtition - CDBG$4,420 Contracted Services - Meals$4,420 Explanation: The N. C. Division of Aging has forwarded to the Area Agency on Aging the amount of the State FY 2001-2002 Home and Community Care Block Grant and the State Senior Center General Purpose Grant. The amounts have been reduced from current allocations to accommodate the shortfall in the N. C. State Government revenues through June 20, 2002. As a result of this action, the N. C. Division of Aging has instructed each recipient of Home and Community Care Block Grant funds to reduce its 2002 allocation by 2.3%. This required State reduction has been divided among all providers. The loss for the New Hanover County Department of Aging is $11,052. This budget amendment reflects the reduction in the home-delivered meals and congregate meal programs due to the reduction in State funding. Approval of Budget Amendment # 02-0164-Aging/Nutrition-Home Delivered The Commissioners approved the following budget amendment: AdjustmentDebitCredit Nutrition - Home Delivered: Aging/Bridge Donations$10,000 Meals - Bridge$10,000 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 MINUTES OF REGULAR MEETING, APRIL 15, 2002PAGE 128 Explanation : To contribute $10,000 to the Meals on Wheels Council for the weekend program. No additional County funds are needed since funds in the Aging/Bridge Donations escrow account will be used. Approval of Budget Amendment # 02-0165-Public Health/Navigator/Navigator Partnership The Commissioners approved the following budget amendment: AdjustmentDebitCredit Navigator: State Grant$6,500 Navigator-Partnership: Salaries and Wages$1,350 Navigator: Contracted Services$ 400 Departmental Supplies$3,250 Employee Reimbursements$1,500 Explanation : To budget additional State grant dollars for the Navigator Program. No County funds are required. Approval of Budget Amendment # 02-0166-Social Services/DSS Administrative Grants/Crisis Intervention Program The Commissioners approved the following budget amendment: AdjustmentDebitCredit DSS Administrative Grants$54,725 Crisis Intervention Program: Assistance Payments$54,725 Explanation : To budget additional State dollars for the Crisis Intervention Program. No additional County funds are required. DISCUSSION AND APPROVAL OF CONSENT AGENDA ITEM 2, A RESOLUTION TO PROHIBIT THE WHOLESALE DISPOSAL OF CONSTRUCTION AND DEMOLITION (C&D) WASTE AT THE WASTEC FACILITY Commissioner Casterspoke on concern for not providing an opportunity to receive public input and stated without knowing how this policy will impact some people using the WASTEC Facility, he felt the public should be able to comment before adopting the resolution. Director of Environmental Management Ray Church explained that the purpose of the policy is to eliminate problematic waste contained in large roll-off containers, such as drywall, shingles, concrete, etc., from going to the WASTEC Facility. The Landfill opens at 7:00 A.M. to accommodate large containers of C&D; however, some trucks are coming in at 5:00 A.M. or 6:00 A.M. and dumping C&D waste at the WASTEC Facility. Recently, the skip-hoist was jerked out of its tracks because a large piece of metal went through the furnace and resulted in having to burn gas for the entire day which is expensive and not efficient. Vice-Chairman Greer stated that he thought roll-off trucks were allowed to dump waste at the WASTEC Facility. Director Church responded that routinely roll-trucks do not use the WASTEC Facility; however, with the automatic gate system, truck drivers have access to the facility 24 hours a day, 7 days a week. If this policy is approved, these trucks will be requested to wait until the Landfill opens at 7:00 A.M. Chairman Davis asked if all waste haulers would be notified of the new policy. Director Church responded that notification will be given to all haulers. Hearing no further comments, Chairman Davis called for a motion. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to adopt the resolution prohibiting disposal of wholesale loads of construction and demolition waste at the WASTEC Facility unless authorized by the New Hanover County Manager or his designee. Upon vote, the MOTION CARRIED 4 TO 1. Vice-Chairman Greer voted in opposition. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII, Page 18.3. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 MINUTES OF REGULAR MEETING, APRIL 15, 2002PAGE 129 PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS: County Manager O'Neal requested the following employees to step forward to receive service awards: Regina T. James, Health Department 5 years of service Cindy B. Smith, Social Services10 years of service Barbara A. McCray, Tax Department15 years of service Marion E. Taylor, Sheriff's Department15 years of service James A. Wells, Sheriff's Department15 years of service On behalf of the Board, Chairman Davis presented a service award 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: Carol Thiel, Emergency Management Wendy Scott, Legal Department Denise Campbell, Health Department On behalf of the Board, Chairman Davis welcomed these new employees to New Hanover County government and wished them well in their new positions. PRESENTATION OF SUSAN TAYLOR BLOCK'S BOOK, AIRLIE: THE GARDENS OF WILMINGTON Ms. Susan Taylor Block presented signed copies of her latest book, Airlie: The Gardens of Wilmington. She advised that studying the history of Airlie Gardens and writing the book was a pleasure. On behalf of the Board, Chairman Davis expressed appreciation to Ms. Block for writing a wonderful book, and he encouraged all persons to purchase the book. ADOPTION OF PROCLAMATION DECLARING APRIL 14-20, 2002, AS NATIONAL TELECOMMUNICATORS WEEK IN RECOGNITION OF NEW HANOVER COUNTY 911 OPERATORS Director of the Public Safety Communications Center, Steve Smith, introduced Ms. Brenda Hewlett, 911 Database Coordinator; Ms. Debbie Broyles, Supervisor; and Ms. Sue Jaindl, the new Office Assistant, and said these three employees were the key players in the 911 Center. He emphasized the importance of the voice on the telephone when responding to an emergency situation and stated during the September 11 event, the telecommunicators, dispatchers, and 911 operators were the first people to receive calls and determine how to respond. These are unseen people who should not be taken for granted. Ms. Brenda Hewlett and Ms. Broyles expressed appreciation to the Board of County Commissioners for taking time to recognize the telecommunicators by declaring the week of April 14-20, 2002 as National Telecommmunicators Week in New Hanover County. Chairman Davis read the proclamation and requested a motion for adoption. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to adopt a proclamation declaring National Telecommunicators Week April 14-20, 2002, as in New Hanover County. Upon vote the MOTION CARRIED UNANIMOUSLY. On behalf of the Board, Chairman Davis presented the proclamation to Ms. Hewlett and Ms. Broyles and expressed appreciation to the 911 operators for their professionalism and excellent quality of services being provided to protect the life and safety of all citizens living in New Hanover County. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII, Page 18.4. ADOPTION OF PROCLAMATION TO DECLARE SUNDAY, APRIL 21, 2002 AS "EARTH DAY" IN NEW HANOVER COUNTY Mr. Chris O’Keefe reported that Earth Day 2002 will be celebrated on Sunday, April 21, 2002, from 12:00 Noon until 6:00 P.M. at the Greenfield Lake Amphitheater located at the corner of Tennessee Avenue and Lake Shore Drive in Wilmington. The theme this year is “There's No Place Like Home”. Environmental issues, such as gardening and lawn care, water quality, reuse and recycling, alternative transportation and others will be addressed throughout the event. Highlights of the event include: live music, displays by local environmental groups, demonstration projects, guest speakers, stewardship awards, poster/art/photo contests, and games. Sponsors organizing the event are the N. C. Aquarium at Fort Fisher, Lower Cape Fear River Program, New Hanover County Planning/Tidal Creeks Program, Cape Fear River Watch, Surfrider Foundation, and City of Wilmington Storm Water Services. He invited the Commissioners to attend the event. Chairman Davis read the proclamation and requested a motion for adoption. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 MINUTES OF REGULAR MEETING, APRIL 15, 2002PAGE 130 Motion: After commenting on Earth Day being celebrated for more than 10 years, Commissioner Pritchett MOVED, Earth Day SECONDED by Commissioner Caster, to adopt a proclamation declaring Sunday, April 21, 2002 as in New Hanover County. Upon vote the MOTION CARRIED UNANIMOUSLY. On behalf of the Board, Chairman Davis presented the proclamation to Mr. O'Keefe and expressed appreciation to him for support of this worthwhile effort. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII, Page 18.5. ADOPTION OF PROCLAMATION DESIGNATING APRIL AS FAIR HOUSING MONTH IN NEW HANOVER COUNTY Human Relations Director, Carl Byrd, expressed appreciation to the Board of County Commissioners for recognizing the month of April as Fair Housing Month in New Hanover County. He advised that the Human Relations Commission, Wilmington Housing Authority, Cape Fear Regional Community Development Corporation, and Catholic Social Ministries, are hosting a Housing Summit to be held on April 27, 2002, 10:00 A.M. in the Cape Fear Community College Schwartz Center located at 601 North Front Street. The purpose of the summit is to address housing in Wilmington as a whole, not only for those persons displaced by the Jervay and Dove Meadows Housing Projects. Local banks and housing service providers will be available to explain how one can qualify for home ownership. In closing, Director Byrd invited the Commissioners to attend this event. Chairman Davis read the proclamation and requested a motion for adoption. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Boseman, to adopt the proclamation Fair Housing Month designating April as in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. On behalf of the Board, Chairman Davis presented the proclamation to Director Byrd and expressed appreciation to the Human Relations Commission and other sponsoring organizations for hosting this worthwhile event. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII, Page 18.6. PRESENTATION OF THE DISTINGUISHED BUDGET PRESENTATION AWARD TO THE BUDGET DEPARTMENT FOR FISCAL YEAR BEGINNING JULY 1, 2001 County Manager O'Neal reported that notification has been received from the Government Finance Officers Association of the United States and Canada that New Hanover County has qualified to receive the Distinguished Budget Presentation Award for the fiscal year beginning July 1, 2001. This is the tenth consecutive year that the award has been received by the Budget Department. This award is the highest form of recognition in governmental budgeting. The New Hanover County budget is reviewed by a panel of independent budget experts who use extensive criteria to evaluate the effectiveness of the budget as a policy document, financial plan, operations guide, and communication device. Award- winning documents must be rated "proficient" in all four categories. On behalf of the Board, Chairman Davis congratulated Budget Director Cam Griffin and staff for receiving this outstanding award and expressed appreciation to the department for the quality of services rendered to the County. REPORT ON STATUS OF LOCAL MENTAL HEALTH REFORM ACT Dr. Art Costantini, Director of the Southeastern Center, reported that North Carolina is in the process of reforming statewide mental health programs. With enactment of HB 381, counties will be required to carry out the following procedures to implement mental health reform at the local level. Governance: Each of the 100 counties must decide whether to be a county program or an area program. A written declaration must be submitted by October 1, 2002. The advantages of being a county program are more local control over how dollars are spent and which services are implemented; more control over personnel operating the program; and more integration of the Mental Health Center with other County Departments such as Public Health and the Department of Social Services. The primary disadvantage of a county program is more responsibility for providing services that are mandated at the state and/or federal level. Two years will be required to develop a county program. The advantages of being an area program are more insulation for the county from funding demands, financial setbacks and lawsuits. The disadvantages are less control over administration, services, and personnel. The Southeastern Center is currently an area multi-county program under an area board appointed with one Commissioner from each of the three counties. The area board hires the administration and implements the programs. Provision of Services: The area program or county program must contract with qualified public and private agencies to provide services. Currently the Southeastern Center contracts about $12 million of services with various agencies and has an overall budget of approximately $42 million. The major expenses are personnel and contracts with other agencies who provide excellent services; however, there is an absence of providers to serve patients and clients with severe mental and substance abuse problems. The plan submitted must outline how the programs will be implemented NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 MINUTES OF REGULAR MEETING, APRIL 15, 2002PAGE 131 and how the clients and their families will be protected. Business Plan: Every county, whether an area program or county program, must provide for development, review, and approval of a business plan for the management and delivery of mental health, developmental disabilities, and substance abuse services. The business plan must provide detailed information on how the area program or county program will meet State standards, laws, and rules for ensuring quality mental health services, including outcome measures for evaluating program effectiveness. Local business plans must be developed and submitted by the area program or county program to the Secretary by January 1, 2002. The Secretary shall complete certification of one-third of the area or county programs by July 1, 2002; two-thirds by January 1, 2004; and completion of certification of all programs by July 1, 2004. The area or county program will be a "Local Management Entity." This means that these programs will be responsible for the core functions such as screening, assessment, referral, emergency services, service coordination, consultation, education, and prevention. Target Populations: Providing services to individuals with the most severe disabilities is the primary focus of the system. The State Plan targets persons with severe and persistent mental illness and substance abuse problems. These programs have been underfunded by the State for a number of years and due to the State budget crisis, less money will be received on the local level to provide services. An effort must be made to search out community resources to work with people who are being released from institutions and returned from hospitals when the State closes 700 hospital beds. The integrity of the State plan hinges on the development of community resources before people are released from institutions. In concluding the presentation, Dr. Costantini advised that the first obligation of the Southeastern Center is to the people, consumers, and clients. The first step in the process will be for the Board of County Commissioners to decide if the Southeastern Center should remain an area multi-county program. Once this decision is made, staff can begin writing the plan. Discussion followed on where resources and beds will be found for persons being released from institutions. Dr. Costantini advised that approximately70 patients will need intensive community based services and beds. Nursing homes, group homes, or other agencies will provide some of the beds. There will be a wide assortment and array of services needed to assist these patients. Vice-Chairman Greer strongly objected to the State shifting this responsibility to the local level and placing the burden on taxpayers. With institutions closing across the State and the financial condition of the State budget, counties will spend thousands of dollars caring for these patients. He expressed appreciation to Dr. Costantini and his staff for the excellent manner in which the Southeastern Center is being operated and stated that he hoped the State would change the current organizational structure. After a lengthy discussion on the various options, Commissioner Pritchett, a member of the Southeastern Center Area Board, stated that she would be comfortable with the Center remaining as an area multi-county program and suggested taking the first step by preparing a joint resolution among the three counties to maintain the current status. She also noted that New Hanover County was fortunate to have Dr. Costantini because many of the requirements in HB 381 have already been met by the Southeastern Center. County Manager O’Neal advised that he would be glad to work with Dr. Costantini and officials from Pender and Brunswick counties in preparing a joint resolution to be presented and approved by each Board of County Commissioners. He complimented Dr. Costantini for the excellent manner in which he has administered the operation of the Southeastern Center. CAPE FEAR PARTNERS FOR EDUCATION Ms. Diana G. Corbett, Director of Education Programs for the Greater Wilmington Chamber Foundation, and Interim Executive Director of Cape Fear Partners for Education, reported that the Chamber Foundation is a non-profit organization that serves as a regional leadership resource for continuous improvement in area workforce development by forming partnerships with the school systems, institutions and other organizations to provide on-going workforce training and education and development. The Foundation also provides business/industry guidance and direction to the educational community. In June 2001, the Chamber Foundation facilitated the merger of the New Hanover County Communities in Schools Program and New Hanover County/Partnership for Children Job Ready Program into the Cape Fear Partners for Education. The mission of Cape Fear Partners for Education is to establish and promote the connection of community resources with schools to help youth learn successfully and stay in school. Every youth needs and deserves a personal, one-on-one relationship with a caring adult; a safe place to learn and grow; a chance to give back to the community; and a healthy start to create a marketable job ready skill. The following programs are offered to achieve this goal: Families and Schools Together (F.A.S.T): This is a multi-family group strategy to build a child's protective factors. The program is held once a week for eight weeks and families who have graduated continue in the FASTWORKS program. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 MINUTES OF REGULAR MEETING, APRIL 15, 2002PAGE 132 Great LEAPS: This program is administered by the CISNC and AmeriCorps' Project REACH initiative. Great LEAPS is an individualized reading remediation program for students of all ages. Partnership for School Success (PaSS): This program is a 10-week tutoring program to assist third graders to pass the end of grade Gateway test. Senior Projects: Senior English classes in New Hanover County require students to prepare oral and written presentations about a topic with non-parent adults from the community critiquing and grading the Senior Project. In closing, Ms. Corbett expressed appreciation to the Board for giving her an opportunity to explain the mission and vision of the Chamber Foundation and she urged people to volunteer their time to assist with administering the programs. On behalf of the Board, Chairman Davis expressed appreciation to Ms. Corbett and the Chamber Foundation for providing these services to the children and families in the community. BREAK Chairman Davis called a break from 10:25 A.M. until 10:45 A.M. PRESENTATION ON STATUS OF TOURNAMENT SPORTS IN NEW HANOVER COUNTY Mr. Dan McIntyre, representing Wilmington Sports, introduced Mr. Nelson Hardister, the Director of Amateur Athletic Union (AAU) Baseball in North Carolina, and stated that he would begin the presentation. Mr. Nelson Hardister presented two videos on the AAU organization and the number of businesses that support the national baseball tournaments for youth being held throughout the country. Many scouts from major league baseball teams attend these tournaments to find potential major league players, and the cities and counties hosting these events generate a great deal of revenue for the local economy. The AAU would like to host two tournaments in Wilmington this fall. Each tournament will consists of 35 to 90 teams per weekend with team members and their families staying in hotels and motels throughout the community. In closing, Mr. Hardister requested the Board to consider hosting the tournaments and bringing these revenue generating events to this area of the state. Mr. McIntyre presented financial data showing that AAU tournaments held in Concord and Cabarrus County generated gross hotel sales totaling $698,880; sales tax collections of $41,933; room occupancy tax collections of $34,944; restaurant sales exceeding $504,000, retail sales exceeding $67,200, and gasoline purchases exceeding $40,320. He requested use of County facilities located at Ogden Park, Blair and Noble Schools, Hugh MacRae Park, Roland-Grise School, Myrtle Grove School and Murray School in Veterans Park. The following items will be needed: (1) use of staff to rake the field and line the fields between games; (2) use of score clocks in concession stands; (3) use of fields with payment of labor costs involved; and (4) two temporary mounds for at least two fields. The dates of October 4, 5, and 6 and November 22, 23, and 24, 2002, have been awarded for tournaments to be held in Wilmington. The Cape Fear Convention and Visitors Bureau has offered to assist with providing information on hotel accommodations and attractions, and the Cape Fear Umpire Association is fully supportive of the tournaments being held in New Hanover County. In closing, Mr. McIntyre offered to answer questions. Chairman Davis asked if New Hanover County would receive compensation for the use of County facilities. Mr. McIntyre responded that the County will provide use of the facilities with AAU paying the labor costs. Commissioner Boseman informed the Board that the Cape Fear Convention and Visitors Bureau was fully supportive of these events being held in Wilmington because of the economic impact to the community. Chairman Davis requested Parks Director Neal Lewis to comment on hosting these events. Director Lewis advised that no conflicts would be involved with the dates in November; however, he would have to check on the dates in October. Discussion was held on what City ballfields would be used for the tournaments. Mr. McIntyre advised that Godwin Field, Empie Park and possibly Legion Stadium would be used. After discussion on the need to work out the details between the City and County regarding the use of facilities, Parks Director Lewis requested time to check into the level of services that will have to be provided by the County to host the tournaments and determine the costs involved. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 MINUTES OF REGULAR MEETING, APRIL 15, 2002PAGE 133 Vice-Chairman Greer recommended allowing the Parks and Recreation Advisory Board to prepare a recommendation for the Board of County Commissioners to consider. County Manager O’Neal expressed concern for the loss of employees in the Parks Department due to budget constraints and stated it would not be possible for extra duties to be placed on these employees. He requested the Parks and Recreation Advisory Board to consider this matter when preparing a recommendation. Commissioner Caster requested Parks Director Lewis to invite City Parks Director, Gary Shell, to become involved in the process. Commissioner Pritchett spoke on the possibility of having to hire temporary employees to assist the Parks Department with hosting the tournaments and suggested including this cost in the recommendation. Mr. McIntyre informed the Board that an agreement had been reached with the City to cover the cost of labor to maintain the fields and stated that a similar agreement can be reached with the County. Consensus: After discussion on the amount of revenue generated from these events, it was the consensus of the Board for the Parks and Recreation Advisory Board to prepare a recommendation outlining economic benefits, County costs, and services that will have to be provided by the Parks Department to host two tournaments scheduled for October 4, 5, 6, and November 22, 23, 24, 2002. The recommendation will be placed on a future agenda for consideration by the Board of County Commissioners. Parks Director Lewis agreed to invite a representative from the City Parks Department to become involved in the process and stated that he would place this item on the agenda for the next Parks and Recreation Advisory Board meeting. PRESENTATION ON STATUS OF TRAFFIC IMPACT STUDIES Planning Director Dexter Hayes reported that following the Board’s directive on November 5, 2001, staff has prepared ordinance amendments that will require a traffic impact study to be completed for large development projects that would generate more than 100 trips during the peak hours of the day. The standards being proposed are similar to the requirements utilized by the City. He reported that the Planning Board reviewed the ordinance amendments on February 7, 2002 and deferred action until the Technical Review Committee meeting scheduled for April 10, 2002. At this meeting, an agreement was reached to hold another public hearing at the Planning Board meeting scheduled for May 2, 2002. The ordinance will be presented to the Board of County Commissioners on June 3, 2002. Commissioner Boseman strongly objected to the Planning Board taking seven months to review the traffic impact ordinance and stated this action gives credibility to the argument that the Planning Board is too heavily weighted with developers. Vice-Chairman Greer requested a brief explanation of the ordinance. Planning Director Hayes presented the following zoning amendments: Section 59.7 Conditional Use District 59.7-3(2)A traffic impact study is required for any development that will generate more than 100 Addtrips during peak hours. The study shall be prepared in accordance with Standards and Guidelines approved by the County and shall be submitted at least twenty (20) working days prior to the first scheduled meeting of the project’s review. Section 71 Special Use Permits Issued by the Board of County Commissioners . 71-1(7)A traffic impact study is required for any development that will generate more than 100 Addtrips during peak hours. The study shall be prepared in accordance with Standards and Guidelines approved by the County and shall be submitted at least twenty (20) working days prior to the first scheduled meeting of the project’s review. SUBDIVISION ORDINANCE AMENDMENTS Section 32 Preliminary Plat 32-2(21)A traffic impact study is required for any development that will generate more than 100 Addtrips during peak hours. The study shall be prepared in accordance with Standards and Guidelines approved by the County and shall be submitted at least twenty (20) working days prior to the first scheduled meeting of the project’s review. In concluding the presentation, Planning Director Hayes offered to answer questions. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 MINUTES OF REGULAR MEETING, APRIL 15, 2002PAGE 134 Vice-Chairman Greer requested further explanation of how these regulations will impact zoning cases. Planning Director Hayes explained that any conditional use project, special use project or subdivision approval generating more than 100 trips during peak hours will require a traffic study. This means that the developer will have to look at the impact of the use on a particular site to determine how the traffic will be absorbed into the existing highway system in terms of signalization, turn lanes, egress and ingress points, etc. The traffic study containing this information will be available to the Board of County Commissioners when reviewing projects so conditions can be imposed when approving a conditional use district and special use permit. The ordinance will not apply to other zoning cases. Vice-Chairman Greer informed the Board and Planning Director that the State is considering the idea of allowing local governments to pay for a share of roads needed in counties. If legislation of this type is enacted, it could result in roads being built only in areas where a county will spend dollars to have the State build a by-pass. He expressed concern for adopting any regulations that will lead the State in this direction. Planning Director Hayes advised that discussion of counties paying a share of roads built in counties has been discussed back and forth by the legislature for a number of years. After hearing no further comments, Chairman Davis requested the Board to decide if the ordinance should be heard in May or in June. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to hear the ordinance on May 20, 2002. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF FY 2002-2003 PROGRAMMATIC AND POLICY GOALS County Manager O’Neal reported that the Government Finance Officers Association National Advisory Council on State and Local Budgeting, recommends development of programmatic and policy goals to guide development of the budget. The goals are designed to provide direction for county departments to direct resources to areas the County Commissioners deem to be important. Upon adoption, the departments will be instructed to develop their own individual goals and performance measures based on the Programmatic and Policy Goals. Chairman Davis spoke on being in favor of the language added to the preamble in Exhibit B stating that all goals are dependent on available financial and staffing resources. Vice-Chairman Greer suggested adding this preamble to Exhibit A and approving the performance goals under this document. Commissioner Pritchett asked Budget Director Griffin if she had a preference. Budget Director Griffin responded that she preferred adoption of Exhibit B because these goals will challenge departments to reach out and strive to meet the goals. Commissioner Caster referenced the issues regarding the Sheriff and asked if the Sheriff could be required to follow the policy since he is an elected official. He also expressed concern for misinterpretation of these goals by the public. Commissioner Boseman requested the County Attorney to comment on whether any legal obligations could be incurred with adoption of the goals. County Attorney Copley explained that since goals can be altered, the polices are not legally binding. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to adopt Exhibit A including the preamble contained in Exhibit B with removal of the words “policies.” Substitute Motion: Commissioner Boseman MOVED, SECONDED by Commissioner Pritchett, to adopt the Programmatic and Policy Goals as contained in Exhibit B with the deletion of the words " and policies" in the preamble. Vice-Chairman Greer strongly objected to adopting goals that may or may not be accomplished, which in his opinion is misleading to the public. Chairman Davis called for a vote on the SUBSTITUTE MOTION. Upon vote, the MOTION CARRIED 3 to 2. Vice-Chairman Greer and Commissioner Caster voted in opposition. CONSIDERATION OF FRANCHISE ARRANGEMENT FOR SOLID WASTE COLLECTION Assistant County Manager Dave Weaver reported that the Board directed staff to prepare a franchise arrangement for solid waste collection that will assist the County both in the management of solid waste collection and ensure disposal of waste at County designated facilities. In order to accomplish this purpose, three draft documents, a franchise ordinance, franchise agreement, and a municipal interlocal agreement, have been prepared. The haulers and municipalities have not had time to review these documents. Staff will schedule meetings with the haulers and NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 MINUTES OF REGULAR MEETING, APRIL 15, 2002PAGE 135 municipalities to work out details of the proposed franchise system if the Board agrees with the concept. Chairman Davis noted that the franchise ordinance should not be adopted until the haulers, municipalities, and public have an opportunity to provide input on the proposed system. County Manager O'Neal suggested placing this item on the agenda for May 20, 2002. Commissioner Pritchett expressed concern for having ample time to implement the program by July 1, 2002, if this item is postponed. Assistant County Manager Weaver explained that under the proposed franchise system, there will be no significant change in the operation of the solid waste haulers or in the operation of the municipal collection systems. Instead of funding solid waste disposal through a combination of the tip fee and general fund transfer, the funding will be through the tip fee at the gate. The tip fee will increase from $30 per ton to between $45 and $50 per ton. The franchise system is a simplified version of the Davie County system which has been challenged and upheld by the courts. Vice-Chairman Greer asked what will happen if the municipalities decide not to enter into interlocal agreements. Assistant County Manager Weaver responded that the municipalities should be willing to enter into interlocal agreements because the cost of solid waste disposal will be funded by a user fee without use of taxpayer monies. If the municipalities decide against entering into agreements, the plan is to lift the injunction against the flow control ordinance and implement the ordinance. Vice-Chairman Greer expressed concern for a tip fee of $45 to $50 not generating enough revenue to cover operational costs of the WASTEC Facility and Landfill. Assistant County Manager Weaver responded that the recommended tip fee should support the operation of the WASTEC Facility, Landfill, Recycling Program, and Administration. Discussion was held on when the injunction would be lifted on the flow control ordinance. Assistant County Attorney Holt Moore reported that the attorney representing Waste Management, Inc. has reopened the original lawsuit and requested an extension of 30 days to obtain old court records in Atlanta, Georgia; therefore, it is not possible to know when the case will be heard. The courts have distinguished a difference between a franchise system and flow control ordinance which will allow the County to move forward with implementing a franchise system while the flow control issue is being resolved in court. Vice-Chairman Greer commented on the original ruling by the court in New York that determined flow control was unconstitutional and stated at that time the County entered into an agreement with the haulers to abide by that ruling. He asked if the County is now saying that it will not abide by the ruling. Assistant County Attorney Moore explained that the original agreement with the County and haulers was based upon the New York case where the court determined that flow control was unconstitutional. It is the feeling of staff that since a recent New York case was heard and the court did not rule that flow control was unconstitutional, the County should approach the Judge to examine the ruling so the County will not be bound by an agreement that is not based on valid law at this point. Vice-Chairman Greer requested an explanation of the statement under Sec.44-43.5 (c) which says that "all waste haulers operating in the County as of January 1, 2002, shall be granted a franchise.” Assistant County Manager Weaver responded that the purpose of this statement was to provide assurance to existing haulers that were concerned about not being able to maintain their businesses under a franchise arrangement. Vice-Chairman Greer disagreed and stated that he felt the intent of the statement was for existing businesses to automatically become a part of the franchise. Assistant County Manager Weaver explained that the intent of the statement was to let existing businesses know that they would be grandfathered-in, but each business would have to obtain a franchise subject to a yearly review to be sure requirements have been met. County Manager O’Neal suggested changing (c) to say that existing haulers are grandfathered-in as long as they abide by the rules and requirements of the franchise ordinance. Chairman Davis advised that Vice-Chairman Greer had raised an excellent point and stated if any changes are going to be made the haulers should be notified before adopting the franchise. He requested the County Attorney to change this section and present a revised ordinance to the Board at another meeting. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 MINUTES OF REGULAR MEETING, APRIL 15, 2002PAGE 136 Consensus: After further discussion, it was the consensus of the Board to postpone this item until May 20, 2002, with the haulers being notified of any changes. DISCUSSION OF DSS SUBSIDIZED CHILD CARE PROGRAM PAYBACK County Manager O'Neal reported that New Hanover County received a request from the Department of Health and Human Services for immediate repayment of funds illegally obtained by a relative of a DSS employee in 1999. This employee caused her sister to receive $62,000 in funds for subsidized child care services which had not been rendered. The case was addressed by the judicial system and the recipients of the funds were required to repay that amount received. To date, $7,030 has been received and submitted to the State; however, because this finding was discovered and reported in a 1999 audit, the State Auditing Unit is requesting immediate repayment of the remaining $54,969. The Social Services Board recommends that the payment not be submitted as requested, but that payments be made under the original agreement with the N. C. Division of Child Development. County Manager O’Neal stated that he had recommended payment of the remaining balance to the State Auditing Unit because this was an audit finding that will have to be repaid. With budget challenges, it might be wise to comply as requested because State funding is needed for Medicaid and child care services on the local level. Chairman Davis asked why the State changed the agreed upon policy. Ms. Wanda Neidig, Assistant Director of Social Workers Services, advised that no one knows why the agreement with the N. C. Division of Child Development was changed. This is an agreement that has been in existence for several years and the Board of Social Services was concerned about the position taken by Secretary Odom undermining the concept that the State and County are partners in the delivery of services. Chairman Davis expressed concern for how the County will be reimbursed if the payment is made to the Auditing Division and stated it appears that the court would have to require the two individuals involved to make payments to New Hanover County. Finance Director Bruce Shell explained that since the infraction occurred under the watch of the County, even though it was caught by the Department of Social Services, the State feels the money is due and should be paid by the County. In turn the County should pursue the necessary steps to collect from the two individuals. Mr. James Oxendine, DSS Business Officer, advised that reimbursements are received monthly from the State for day care services; therefore, the money due could be deducted from these reimbursements. He reported that the error was found by the Department of Social Services and immediately reported to the auditors. After hearing no further comments, Chairman Davis requested direction from the Board. Motion: Vice-Chairman Greer MOVED, SECONDED by Chairman Davis, to accept the recommendation of the Board of Social Services as a protest and not pay the remaining balance to the State Auditing Unit since an agreement for payment was already in place with the N. C. Division of Child Development under the N. C. Department of Health and Human Services. Commissioner Boseman asked if fees and interest could legally be charged. County Attorney Copley responded that fees and interest would probably be charged and stated she feared the State would take the money plus interest from other funding due the County. Commissioner Pritchett expressed concern for the State cutting back on other funding if the County does not repay the money. Chairman Davis called for a vote on the motion to accept the recommendation of the Board of Social Services. Upon vote, the MOTION CARRIED 3 to 2. Commissioner Boseman and Commissioner Pritchett voted in opposition. CONSIDERATION OF DATE TO HOLD DISCUSSION AS PUBLIC HEARING ON THE POSSIBLE ENACTMENT OF ADDITIONAL ONE-HALF CENT SALES TAX AUTHORIZED BY THE GENERAL ASSEMBLY County Manager O’Neal advised that the North Carolina Budget Act of 2001 (Senate Bill 1005) increased the State sales tax by one-half cent as part of the package to balance the budget. This new one-half cent sales tax is temporary and will sunset on June 30, 2003. The budget package also included a provision that discontinues State reimbursements to local governments in fiscal year 2003-2004, but authorizes local governments to enact an additional one-half cent sales tax to replace reimbursements. The effect on taxpayers will be neutral. The Board of County Commissioners may enact the new sales tax at any time by resolution, which cannot become effective until July 1, 2003. The new tax is intended to replace the reimbursements for inventory taxes, the intangible tax, the elderly homestead exemption, and the sales tax on food stamp transactions. Preliminary estimates indicate that New Hanover County will receive $5.8 million in revenue from the half-cent sales tax, which exceeds lost State reimbursements by $1.3 million. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 MINUTES OF REGULAR MEETING, APRIL 15, 2002PAGE 137 County Manager O’Neal advised that 12 counties have scheduled public hearings for implementing the one-half cent sales tax, and two counties have already adopted resolutions. He requested the Board to begin the process for enacting the one-half cent sales tax to become effective July 1, 2003 by setting a date for a Public Hearing. A lengthy discussion was held on the options available to implement the one-half cent sales tax authorized by the General Assembly. County Manager O’Neal advised that two options can be used: (1) hold a public hearing and vote to implement the one-half cent sales tax; or (2) schedule a public referendum to provide an opportunity for the citizens to decide if the sales tax should be implemented in New Hanover County. Chairman Davis stated that he felt a public hearing should be scheduled to receive input from the citizens before deciding on what option to use if the Board decides to implement the half-cent sales tax. Commissioner Pritchett reminded the Board that a referendum would be binding. After discussion of no set time frame, Chairman Davis suggested holding the public hearing after the FY 2002- 2003 budget is adopted so the citizens can better understand the financial impact on local governments with the loss of reimbursements from the State. Commissioner Caster suggested holding the public hearing in July so input can be received from the public and stated if the Board should decide to hold a referendum, this item could be placed on the November 2002 ballot at very little cost to the County. Budget Director Griffin reminded the Board that if the citizens vote against implementing the half-cent sales tax, the County will be looking at $4.5 million in budget cuts for FY 2003-2004. Commissioner Caster suggested preparing a press release providing the information pertaining to the financial needs of the County, particularly with the loss of State reimbursements. County Manager O'Neal offered to prepare a presentation for the public hearing so the public will be informed about services that will be lost if the County is not able to implement a local half-cent sales tax. Motion: After further discussion, Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to schedule a public hearing in early July to receive citizen input on the enactment of a one-half cent sales tax to become effective July 1, 2003. Upon vote, the MOTION CARRIED UNANIMOUSLY. MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE WATER AND SEWER DISTRICT Chairman Davis convened from Regular Session at 12:35 P.M. Chairman Davis reconvened to Regular Session at 12:52 P.M. NON-AGENDA ITEMS Chairman Davis announced that time had been reserved to allow anyone from the public to comment on an item that was not listed on the Regular Agenda. He requested all persons to limit their remarks to three minutes. No items were presented. MEETING RECESSED FOR LUNCH Chairman Davis recessed the meeting for lunch from 12:55 P.M. until 1:35 P.M. ADDITIONAL ITEMS Chairman Davis asked if any Commissioner would like to present an additional item. Report on Attending the Child Abuse Prevention Program Commissioner Pritchett advised that last week Commissioner Boseman, County Manager O’Neal and she attended a Child Abuse Prevention Program at the Westfield Shoppingtown Mall. She advised that it was distressing to learn there were over 3,000 reports of child abuse or endangerment last year in New Hanover County and over 600 children found in need of assistance. She spoke on these being unacceptable statistics and stated this issue must be addressed. Commissioner Pritchett also unveiled the picture presented at the Mall depicting several agencies who work to protect abused children. She informed the Board that the painting would be hung in the new wing of the Judicial Building. In closing, Commissioner Pritchett requested the Public Information Officer to play a 30 second PSA featuring Miss Wilmington, Ashley Scott, and a number of children urging the people to recognize the need to prevent child abuse. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 MINUTES OF REGULAR MEETING, APRIL 15, 2002PAGE 138 Report on Attending the Planting of the First “Trees of Strength” at the Arboretum Commissioner Pritchett reported on attending the planting of the first “Trees of Strength” at the Arboretum. th This is national program to plant strong trees as living memorials to those who lost their lives in September 11 attacks and to honor those who serve and protect us. She advised that she would be working with Parks Director Neal Lewis to begin the program by planting a memorial tree in one of the County Parks and eventually planting trees at all fire stations and schools as part of the program. The public will probably be asked to participate in the program. Report on Attending the 90 th Anniversary of the Girls Scouts and Opening of the Baseball Season for the Winter Park Optimist at Hugh MacRae Park th Commissioner Caster reported that he attended the 90 Anniversary of the Girls Scouts on Saturday at Westfield Shoppingtown Mall and stated it was an enjoyable event. He also noted that Vice-Chairman Greer, Commissioner Boseman , Commissioner Pritchett and he attended the opening of the baseball season for the Winter Park Optimist. In closing, Commissioner Caster advised that Commissioner Boseman and he attended the opening of the softball season at Hoggard and noted that he also attended a picnic being held by the 911 Center at Ogden Park. Discussion of Letter Received from the Real Estate Bar Association Regarding Airborne Toxins at the Register of Deeds Office Commissioner Caster referenced the letter received on April 10, 2002, from the Real Estate Bar Association and asked if anyone had responded to the letter. Commissioner Boseman and Commissioner Pritchett stated that they had responded to the letter. County Manager O’Neal expressed concern for the amount of misinformation in the letter and stated that a letter was written to the Registrar of Deeds explaining how the move would occur. He assured the Commissioners that the employees would not be moved into the building until it was safe. Discussion of Implementing a One-Half Cent Sales Tax on July 1, 2003 Commissioner Caster stressed the importance of educating the public about the need to implement a one-half cent sales tax on July 1, 2003. After discussion of the need to involve the City and beach communities, Chairman Davis requested County Manager O’Neal to prepare a letter to each municipality requesting input on implementing a one-half cent sales tax to become effective July 1, 2003. Discussion of Letter Received from the Wilmington Regional Association of Realtors Commissioner Boseman referenced the letter received from David B. Flory, President of the Wilmington Regional Association of Realtors, regarding appointment of a committee to deal with planning issues around the Highway 17 By-Pass in the northern part of the County and the Carolina Beach Road corridor south of Monkey Junction. She suggested placing this item on an agenda for discussion. County Manager O’Neal advised that he would be glad to prepare an agenda item. Report by Commissioner Boseman on Discussion with N. C. House Representative Danny McComas Regarding Legislation Pertaining to Section 3.4 of Senate Bill 312 Commissioner Boseman advised that she had a discussion with N. C. House Representative Danny McComas about the bill he introduced changing the compliance date for the incinerator to comply to EPA air quality regulations from December 31, 2004 to March 1, 2003. She reported that Representative McComas assured her that no problem would occur with changing the date back to December 31, 2004. Commissioner Boseman requested County Manager O’Neal to follow up on this conversation with Representative McComas. Involvement of Public in Community Issues Commissioner Boseman commented on appreciating input from the public on issues of concern but stated to place a rezoning sign in her tulip bed was not a way to influence her about a proposed zoning issue. She said if the individual who placed the sign in her yard wanted it back, a call can be made to the Commissioners’ office and she will have the sign available at the Sheriff’s office. Announcement of Training Course Completed by Assistant County Manager Patricia A. Melvin County Manager O’Neal advised that Assistant County Manager Patricia Melvin was not present because she was completing an 18-month training program with the Management Academy for Public Health. He noted that she will graduate on Wednesday. Announcement of Spring Regional Meeting of the North Carolina Association of County Commissioners County Manager O’Neal announced that the Spring Regional Conference of the North Carolina Association of County Commissioners will be held on Tuesday, April 30, 2002, from 2:00 P.M. until 7:30 P.M. in Rose Hill, North NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 MINUTES OF REGULAR MEETING, APRIL 15, 2002PAGE 139 Carolina. The purpose of the meeting is to keep regions of the State informed about the State budget issues and the upcoming Short Session of the N. C. General Assembly which will convene on May 28, 2002. He advised that at least one County Commissioner should attend, and he requested the members of the Board to contact the Clerk to the Board if they wish to attend so arrangements can be made. Authorization for the Chairman to Write a Letter to Congressional Delegation Encouraging Support of HR Bill 3414, the State Budget Relief Act County Manager O’Neal advised that with the projected increase in Medicaid enrollment, the U.S. House of Representatives is considering HR Bill 3414, entitled the State Budget Relief Act. Representative Mike McIntyre is Co- Chairman of the Rural Health Care Coalition and is supportive of the bill as well as all congressional delegates in the State of North Carlina. County Manager O’Neal presented a draft letter of support for HR Bill 3414 and requested the Board to authorize the Chairman to sign the letter. Consensus: After discussion, it was the consensus of the Board to authorize Chairman Davis to sign the letter of support for HR Bill 3414 to be forwarded to the North Carolina congressional delegation. Discussion of Scheduling Budget Work Session County Manager O’Neal requested the Board to consider dates for scheduling Budget Work Sessions. Due to projected revenue shortfalls in the FY 2002-2003 budget, the Board will have to make difficult choices. Staff is keeping County employees aware of the budget crisis. Vice-Chairman Greer advised that in the past Budget Work Sessions have been scheduled without much accomplished. He suggested allowing the County Manager to prepare a recommended budget before scheduling Work Sessions. County Manager O’Neal advised that he would be glad to present a recommend budget with Work Sessions being scheduled as needed. Vice-Chairman Greer also spoke on the importance of educating the public about the reasons for the upcoming budget shortfall and suggested requesting the Public Information Officer to prepare information to be presented on the New Hanover County Television channels to explain the role of County Government and its relationship to the State and Federal governments, particularly mandated programs. County Manager O’Neal advised that he would be glad to work with Mr. Boyer in preparing an informational presentation to be broadcast on the New Hanover County Television System. MEETING CONVENED FROM REGULAR SESSION TO HOLD A CLOSED SESSION Chairman Davis requested a motion to convene to Closed Session pursuant to N.C.G.S. 143-318.11(a)(5) to instruct the public body staff concerning the position to be taken by or on behalf of the County Commissioners in negotiating the price and other material terms of a proposed contract for acquisition of real property. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett to hold a Closed Session to discuss the acquisition of real property. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis convened from Regular Session to Closed Session at 2:00 P.M. Chairman Davis convened from Closed Session to Regular Session at 2:45 P.M. Chairman Davis reported that in Closed Session the Board instructed Staff to proceed with the execution of a buy and sell agreement concerning a certain parcel of land. If an agreement is reached, this item will be placed on a Regular Agenda for approval by the Board of County Commissioners in a public setting. ADJOURNMENT Chairman Davis called for a motion to adjourn. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis adjourned the meeting at 2:48 P.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board