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1972-01-04 Regular Meeting~~ REqUEST TO N. C. D~P.ARTMENT OF CONSERVATION AND DEVELOPMENT TO ASSIST WITH SOLID WASTE DIS.POSAL - ~~~ Mr. Henry Cranford, Sanitation Director, I"Ir. Oates and Mr. Wood appeared before the Board to discuss letter Niayor Kepley wrote about problem of no place for demolition materials to go. Mr. Wood stated he was aware that the Count~ has problem of certain wastes such as tree stumps at the County landfills. Mr. Williams stated real problem is that if trees and stumps are taken to landfills they cannot be burned. Mr. Wood stated this does take up land and iaas of opinion some place should be designated for this type of material. This land would not have to meet same specifications as a sanitary landfill. Mr. Williams was o£ opinion it is responsibility of man clearing land to burn the stumps, etc. Mr. Harriss discussed establishment of reefs up and down the coast which do help fish. With this in mind Mr. Harriss stated he intended to reguest Dr. Linton of the Division of Commercial Sports and Fisheries, Department of Conservation, to assist the County in establishing chain of arti£icial ree£s up and down the Coast of North Carolina using car bodies and appliances and any hard rubble. Tires can also be used. This has been done on a voluntary basis, but this is not good enough; it is going to take a lot of organized labor. Mr. Oxenfeld stated this is a good idea but it does not solve the problem of stumps. By common consent it was agreed Mr. Harriss be authorized to contact Dr. Zinton. Mr. Harriss stated he had talked with Col. Page of Water & Air Resources about the burning problems. It was the consensus o£ PTr. Wood and Mr. Cranford that the Plilitary Cutoff site is not desirable. Mr. Cranford stated the County needs some plan for solid waste. Mr. Hall.suggested there might be some available sites in Brunswick County. Also, the County might buy some land for landfills. Mr. Harriss stated contractors should be in£ormed they are permitted to burn stumps on their lands under certain conditions. Mr. Marks asked Mr. Bowden if any further consideration had been ~iven to contract- ing with Mr. Poole. Mr. Bowden stated he had been written but had not been heard from. Mr. Marks asked Mr. Bowden if he had written the persons Mr. Poole had furnished as references. Mr. Bowden had not. Mr. Harriss instructed I"~ir. Bowden to begin lookin~ for some landfill sites. Mr. Harriss stated Mr. Bowden and City Manager Jones are conferring on this matter. Mr. Hall suggested. Mr. Bowden and these gentlemen take a look at the back land at the County Farm and. make recommendations as to whether it would be advisable to use this land for landfill purposes. INCREASED VALUATION - TIP'Il`ZE CORPORATION - P1r. Botaden stated Timme Corporation matter has been settled and they have signed tax abstract. ADJOUFdtIMENT - There being no further business to come before the Board, Mr. Hall moved, seconded by P1r. Marks, that ~the meeting adjourn. Motion carried unanimously. Respectflally submitted, Hazel Savage Clerk to the Board hs/mw MINTJTES OF THE MEETING - JANUARY 4. 1972 - 9:00 A. M. ASSEMBLY - The regular semi-monthly meeting of the New Hanover County Commissioners was held on the above date and time in the Commission Building with the:~following present: Vice-Chair- man Berry A. Williams, Commissioners H. A. Marks, John R. Oxenfeld; County Attorney James C. Fox; County Auditor Perry Shepard; County Administrator Laurence 0. Bovaden; and Hazel Savage, Clerk to the Board. Chairman Meares Harriss, Jr. was absent. INVOCATION Vice-Chairman Williams called the meeting to order and asked The Rev. A. F. Hooper, Pastor, Price Cathedral A.M.E. Zion Church, to give the invocation. APPROVAL OF MINtTTES - MEETING DECEMBER 20. 1971 - Mr. Oxenfeld requested the following change to the minutes: On Page 12, fourth sen- tence should read as follows: "Mr. Oxenfeld stated he thought these remarks were out of order and not applicable to the matter under discussion." Mr. Oxenfeld moved, seconded by Mr. Marks, the minutes be approved as corrected. Notion carried unanimously. Mr. Marks requested a statement be added to the minutes under the heading "Renewal of Hercules Water Contract" to show that New Hanover County is obligated to furnish pipe line only; not water. By common consent the Board agreed to this. REPORT OF COLLECTOR OF REVENUE - ~ Mrs. Janie Straughn, Collector o£ Revenue, presented the following report: Charged Per Scroll $5,405,684.48, Added-Tax Supervisor $114,619.85, Supplement $']3,640.62, Corp. Excess $168,865.65, Less Abatements $16,196.81, leaving Balance Charged $5,']46,613.~9; MINUTES OF THE MEETING - JANUARY 4. 1972 ~CONTINUED) REPORT OF COLLECTOR OF REVENUE (CONTINUED) Less Collections December $1,43'7,'756.15, Prepa~esatsr. ~337,618.49, Collections August- November $2,538,~48.54, Total Collections $4,314,123.18; leaving Balance Uncollected on Current Zevy $~1,432,490.61. Back Taxes Collected during December amounted to $5,778•~ bringing Total Back Taxes Collected to $67,504.9'], leaving Balance of Back Taxes Un- collected `~3']6,638.34. Delinguent Personal Property Taxes Collected during December amounted to $2,604.88, bringing Total Collected Delinquent Taxes to date to ~15,337•35• Mrs. Straughn stated $1,462,224.46 more has been collected through December of this year than December of last year. Mrs. Straughn stated, insofar as encouraging collection, the office has started on garnishment and foreclosures. The office slowed up during month of December on garnishment at the request of industries. Mr. Marks inquired when the garnishment would be completed. Mrs. Straughn stated there is no dead line; it will be a continuing thing. Mr. Marks stated he felt it was important to have it completed within six months if it required hiring another individual to spend full time on it. Mr. Williams asked Mrs. Straughn if she felt once the office is caught up with the backlog of work it can keep current. Mrs. Straughn stated she is of the opinion, with the personnel she now has, the office can do this. DISCOUNT ON PREPAID TAXES - 19'72 - Mr. Shepard requested the Board to decide on amount of discount to allow on prepay- ment of 19'72 taxes and who will collect the prepaid taxes. Mr. Marks inquired as to previous procedures. Mr. Shepard stated i:n the past the County Auditor has collected all prepaid taxes which have to be held in escrow; cannot be spent until after budget has been adopted. Mr. Shepard stated the County has been allovaing a discount on prepaid taxes until the books are turned over to the Collector of Revenue which is approximately in September rather than in October. The Schedule in the past has been as follows: 2'~ if paid by July 1, 1'rP/o if paid by July 31, and 1% if paid by September 30. Mr. Shepard recommended £ollowin~ same discount schedule because he felt it is a little late now to change. Mr. Shepard stated he would like to see all taxes collected by the Tax Collecting Department. Mr. Marks was of the opinion it might be tae11 to give the people an incentive to prepay their taxes tahereby the County could invest the money and produce more income. Mr. Marks was of the opinion it would be well for the County to increase the discount. Discussion was held as to whether the County has the authority to increase the discount, and matter was tabled until later in the meeting in order to give the County Attorney an opportunity to investigate and advise the Board. Zater in the meeting Mr. Fox informed the Board that the statute states the govern- ing body shall (1) not later than May 1 preceding the due date of taxes to which it first applies adopt a resolution or ordinance specifyin the amounts of discounts and periods of ~time during which time they are applicable, (2~ submit resolution or ordinance to the State Board of Assessment for approval, and (3) upon approval by the State Board of Assessment publish the discount schedule at least once in some newspaper having general circulation of the taxing unit. Mr. Fox stated such resolution approved by the State Board of Assessment will remain in effect until repealed or until the next year. Mr. Fox stated statute suggests prepayments not be accepted until final schedule is adopted. Mr. Fox stated if. the Board wishes to continue same discount schedules, it still must £ollow same procedures outlined above. Mr. Marks questioned propriety of allowing only 2'~ discount (maximum) when the banks are paying 5% to 6% on monies the County can collect and deposit. Mr. Marks was of the opinion 2'~ is not su£ficient incentive to encourage people to prepay taxes and felt this should be considered further without establishing it today. Mr. Hall stated he had been thinking about it in the opposite direction; some places don't even allow discounts. Mr. Hall stated paying taxes is an obli~ation. Mr. Shepard pointed out four years ago the County collected around ~800,000 in pre- paid taxes and this year only around $3'75,000 vaas collected. The County is earning approximately 5-1/8% on the ~3~5,000. Mr. Oxenfeld asked Mr. Fox what would happen if the County does not adopt a resolution today. Mr. Fox stated the Count~ cannot allow any discounts on any prep~~nbs:. until schedule has been established. Mr. Williams su~gested that the 2'/o discount schedule, as the County has observed in the past, be adopted today and the Board give further consideration to changing it. Mr. Fox stated he was inclined to believe the State Board of Assessment o~ill not approve any change in the course of a year once the schedule is adopted. Mr. Marks stated he would be reluctant to vote for less than a 3% discount today. Mr. Fox suggested Mr. Bowden and Mr. Po~~ell talk orith the State Board of Assessment to determine what type of schedules it plans to approve. Mr. Williams stated this completely removes the option of the local governing board, and he was very much opposed to a State Agency determining whether New Hanover County can discount at the rate of 2%, 3%, or nothing at all. Mr. Williams stated if this was the intent, it should have been written into the law. ~~ MINUTES OF THE MEETING - JANT7ARY 4. 197? (CONTINUED) DISCOUNT ON PREPAID TAXES - 1972 (CONTINUED) Mr. Williams stated he was personally in favor of continuing at discount of 2'~ and giving it further study. Mr. Marks stated Mr. Williams did not have as many tax dollars involved as he had. Mr. Williams stated his dollars are raorth just as much to him as Mr. Nlarks' dollars are to him, and stated; "Lets cut out the personal references." Mr. Williams moved, seconded by Prir. Hall, that the discount rates be established the same as last year; namely, 2'~ if paid by July lst, 1~~ if paid by July 31st, and 1% if paid by September 30th, for the coming year, and the County Auditor continue collecting the prepayments as in the past. Mr. Oxen£eld stated since there is a dif£erence of opinion on how this should be handled and since Raleigh has not been contacted, he caould like to move that the matter be tabled until the next meeting. Mr. Marks seconded Mr. Oxenfeld's motion. Vote was called and Mr. Oxenfeld's motion carried unanimously. Mr. ~. K.I~idgen, Sr. spoke saying he agreed with the Chair concerning taking power from the local governing board. Also, P'Lr. Pridgen reguested the Board get a higher ruling on the question of discontinuing penalty during month of January .for taxpayers who failed to pay before Januarv 1, 1972. Mr. Pridgen was assured the items discussed by P`Lr. Fisher at the meeting today will be checked out. RECOGNITION OF NEWS REPORTER - MISS SARA LINDAU - Mr. Williams welcomed Miss Sara Lindau, Star-News Reporter, who u~ill be covering the County Commissioners' meetings in the future. SCHOOL BOARD RE9UEST - TRANSF`ER OF FUNDS - This item was tabled at the last meetin$ until additional information could be ob- tained from the School Board as to necessity of the maintenance vehicle reguested. Dr. Heyward C. Bell~amy, Superintendent, New Hanover County Schools, wrote Mr. Bowden on December 29, 1971 outlining need for vehicle; maintenance personnel has increased by 5 additional workers who need transportation to and from schools for themselves and equip- ment and delivery of commodities to school cafeterias has increased 100% over a three year period. Mr. Or.enfeld moved, seconded by Mr. Marks, that transfer of $2200 from Capital Outlay- Back Hoe to Capital Outlay-Naintenance Vehicle be approved. Motion carried unanimousl~. JAIL REQUEST - APPROPRIATIOTd OF FUNDS - Mr. Shepard presented request from Mr. Joe Johnson, Chief Jailer, for $3,000 to cover need for Medical Funds. Need was brou~ht about because of a medical doctor being added to Jail Budget for tiao Jail visits per week, dru~s and Hospital Emergency Room bills. P1r. Oyenfeld moved, seconded by Mr. Marks, the appropriation be approved as recommend- ed by the County ~luditor, funds to come £rom the General Contingency Ftiind. Motion carried unanimously. INSPECTION OFFICE REQUEST - APPROPRIATION OF FUNDS - Mr. Shepard presented request received from the Inspection Office for an appropria- tion of $500 to cover need for office supplies and expense. Mr. Shepard stated this will probably not carry them to the end of budget year. Mr. Shepard stated this department reguested ~b2,000 in their budget, but reguest was reduced to $1500 at budget hearin~. Mr,. Marks moved, seconded by Mr. Oxenfeld, that appropriation of $500 from the General Contingency F3znd to the Office Supplies and E~ense Account of the Inspection Office be approved as recommended by the Auditor. Motion carried unani.mously. FORP'iAL APPROVAL RETROACTIVE PAY KEYPUNCH VERIFIER - TAX DEPARTMENT - Formal approval of retroactive pay, effective October 1, 19'71, to i;he Keypunch Verifier in the Tax Department, was presented by Mr. Grubbs.- Mr. Marks moved, seconded by Mr. Oxenfeld, that the retroactive pay be approved, funds to come from the Tax Department budget. Motion carried unanimously. INCREASES FOR OTHER PER50NNEZ - Mr. Oxenfeld stated serious consideration should be given to others insofar as some increase and felt a study should be made of this very soon. Mr. Williams reguested Mr. Grubbs and P1r. Bowden to make study and report back to the Board. Nir. Oxenfeld stated it should be done at the very earliest date. NAMING OF STREET - JOHN B. DRIVE - . Mr. Bowden stated he had received letter from Mr. Jerrv Ramsey, P.ssistant Director of Planning, stating residents on S.R. 1505 have requested that.the street be named John B. Drive. Prir. Ramsey informed Mr. Bowden this name does not duplicate an existing City or County street name and was approved by the Planning Commission. Mr. Marks wanted to knova why name was selected. Mr. Mallory was not aware of the reason. Mr. Marks moved, seconded by Mr. Oxenfeld, the name be approved, subject to satis- factory explan:a~z:on::. to the County Administrator as to purpose for naming the street John B. Drive. Motion carried unanimously. (Mr. Bowden has received_satisfactory explanation.) ASSESSMENT RLiTIO - Mr. Williams stated the law reo,uires that all municipalities in the County'be notified prior to the setting of a tax ratio. Mr. Bowden stated this has been done and there were no objections. Mr. Niarks moved, seconded by Mr. Oxenfeld, that the Board establish a tax ratio of 100%. Mr. Oxen£eld was of the opinion it has worked very well and v:ould be very costly to change. Motion carried unanimously. The following resolution was adopted, however Mr. Hall, when signin resolution later in the meeting, stated he t,tas signing, but he did not concur with it. ~(~R~~~l~a'~aon £ollows: ) STATE OF NORTH CAROI,INA: COUNTY OF NEW HANOVER : RESOLUTION MINUTES OF THE MEETING - JANUARY 4, 19~2 (CONTINUED) ASSESSMENT RATIO - RESOLUTION (CONTINUED) - "Wf~REAS, General Statute 105-284 requires the Board of County Commissioners to adopt a percentage for the purpose of taxing properties within the County, and "WHEREAS, the New Hanover Count~ Board of Commissioners have met with representatives of the Municipalities of New Hanover County, as required by General Statute 105-284, and ~~WE~REAS, these representatives have stated the 100'/ Assessment Ratio would be acceptable to them, "THEREFORE BE IT RESOLVED, that the New Hanover County Board of Commissioners adopt 100'~ as the Tax Assessment for the year - 1972• Dated at Wilmington, N. C. this 4th day of January, 19']2.~~ Chairman Vice-Chairman Commissioner Commissioner Commissioner Mr. Hall joined the meeting at this time. TAXPAYERS ASSOCIATION - Mr. Herbert Fisher appeared in behal£ of the Taxpayers Association. Mr. Fisher stated last year a group of people requested the Commissioners to rescind their action on the tax ratio but were not successful. This group formed the Taxpayers Associai;ion for the purpose of trying to keep spending down by the local government. By increasing the tax ratio last year, Mr. Fisher stated, it left the door wide open for municipalities to go as far as they would like to go in raising taxes, and Carolina Beach did increase its tax rate by 29 cents. 63 Mr. Fisher requested the Commissioners to give further consideration to the following items: Remove requirement that person must pay no less than one-third of his taxes or no less than $20; relieve ta~ayer of 2'~ penalty for month o£ January for non-payment of taxes (even though the Legislature has adopted this. rr. Fisher stated it does not mean the Commissioners cannot remove the penalty. Mr. Fisher pointed out the State permits persons to drive their automobiles during month of January and half of February with previous year's license) and the County freeze employment the same as the State is doing to economize spending, not to hire additional employees or fill vacancies (this should lead to a tax cut this year). . Mr. Fisher pointed out when property is rezoned commercial there are usually dwell- ings in some of the areas and no major repairs can be made to them because of certain rules. People would. like to have some relief, because sometimes it is a long time before these dwellings really become commercial. Mr. Marks commented that it cost the County more to process freo,uent payments for taxes, and $20 is the minimum amount accepted as partial payment o£ taxes, not one-third total taxes due. Mr. Marks stated State Auto Licenses are prepaid for the 12 months ahead. Penalty is not charg~ unless the taxes are not paid by December 31; persons have had all year to pay their taxes. Mr. Fox stated penalties are prescribed by Legislature, and in his opinion the Commissioners do not have authority or power to remove them. CHAIR ROAD - MR. JAMES WHITTED - Mr. James Whitted stated he has a strip of property of about nine acres of which he is giving portion to a son-in-law. The son-in-law wishes to build but cannot get a loan unless there is a dedicated road. Mr. Whitted had a 60-foot road put through the center which increased his taxes from yy13.80 to ~55•00. Mr. Whitted stated all he wanted was a letter saying the roati will be dedicated and outlin~ requirements which he will meet. Prir. T4allor~ stated FHA requires a dedicated road that meets minimum requirements of State Ai~hway; does not mean a paved road. Mr. Mallory stated the problem is that Mr. Whitted has a map he wants to record, a map showin~ 60 foot dedicated road and according to definition of subdivision regulations, as incorporated in the Ordinance, any map that is recorded that gives a subdivision by definition has to follow a set procedure. According to definition that is incorporated in the ordinance, anytime a new street is involved or alteration to an existing stree~ is involved, it is a subdivision which means provisions of subdivision ordinance will have to be followed. A preliminary map will have to be filed first with certain information vahich will be reviewed by the Planning Commission, Soil Conservation Service and State Highway Commission. When preliminary plans are approved, the developer will build road to State High~~~ay specifications and then file a final map which is recorded. Mr. Mallory stated the procedure will take about Sour weeks and to deviatE would set a precedent. The Board advised Mr. Whitted it had no alter~ative but to request he folloor the usual procedures as outline3by Mr. Mallory. To do otherwise would be in violation of the subdivision regulations. b~ T~IINUTES OF THE MEETING - JANUARY 4, 1972 ~CONTINU~D) SA71E OF PROPERTY - ZOT 5~ BZOCK 566 - Mr. Bowden stated the County owns 38% and City owns 62'~ of this property. Mr. Zosak tried to purchase this property February, 1959. The Tax Office now app~~ises the property at $1400. In 1969 the property was apnraised by a Real Estate firm for the City Council at $2,000. The County's appraisal at that time uras $940. Mr. Losak reflzsed to buy at the $2,000 figure. He is still interested in buying at a reasonable price. Mr. Hall moved, seconded by Mr. Marks, that the County accept the appraised value placed on it by the Tax Office of $1400, subject to the approval o£ the city. rotion carried unanimously. SALE OF PROPERTY - BZOCK 267. S. E. 1/8 Pt. 4- Mr. Bowden stated a firm price of ~200 has been offered for this property by Mrs. Lilly Mae McCoy to be used in conjunction with adjacent property for the operation of a day care center. Property has been appraised by the Tax Office at ~520. County owns 44% and City owns 56%. Mr. Oxenfeld moved, seconded by Mr. Marks that no less than the appraised value of ~520 be accepted for this property. Motion carried unanimously. At Mr. Marks' suggestion it was agreed Mr. Bowden explore feasibility or possibility of purchasing City's portion if the property is not sold at the appraised value. AIRPORT RE9UEST - APPROPRIATION - Mr. 1"larks brought up for discussion letter from Mr. John A. Westbrook requesting the Commissioners appropriate $50,000 for enlargement of the present Airport Terminal Building. Mr. Bowden had scheduled this matter for the January 1'], 1972 meeting. Mr. Marks commented. he tM1rould agree to this to come from FAA appropriations ~~ahen paid. Mr. Shepard stated the FAA money was budgeted to meet existing needs. The County still has not received the FAA funds. Mr. Shepard stated this is Anticipated Revenue to meet this year's budget. Mr. Marks then asked whether income from airport operations could be used. P~ir. Shepard stated this is also Anticipated Revenue and is budgeted. This matter was tabled until the next meeting. NEW OUARTERS FOR MENTkL HEAI,TH P1r. Marks stated pro~ress has been made on ne~otiations for PTental Health quarters. There are two options; one of which looks very promising. Mr. Metts is Chairman of the Committee and feels that there is a chance for agreement of Mental Health Board and ov~ners of the property. It is anticipated this will be presented to the Commissioners at their next meeting. Final fi~tzres will be presented so a decision may be reached. RESOLUTIONS - CORONER I,. STARR McMII,LAN MR. E. S. (PETE) CAPPS, MEMBER. ABC BOARD - Mr. Oxenfeld moved, seconded by Mr. Hall, appropriate resolutions be drawn and fur- nished the families of Coroner Starr McMillan and Mr. E. S.(Pete) Capps, Member of ABC Board, expressing the Commissioners' regret at their passing. Motion carried unanimously. FII,I,ING VACANCY OF OFFICE OF COROIVER - Discussion was held relative to £illin~ vacancy o£ Office of Coroner created by the death of Mr. Starr PTcMillan. Mr. Fox stated he was of the opinion, under the Statute, i~~hen a vacancy occurs, the Board o£ Commissioners is to appoint a successor for the remainder of the:• term, but stated he would like to check i•~ith the Institute of Government be£ore giving the final word, Mr. Fox stated if necessity arises, the Clerk of Superior Court is authorized to appoint a special coroner to take care of the current situation. It was pointed out the County does have an Assistant Coroner. ADJOURNMENT - There being no further business to come before the Board, Mr. Marks moved, seconded by P'ir. Oxenfeld, that the meetin~ adjourn. Motion carried unanimously. Respectfully submitted, Hazel Savage Clerk to the Board hs/mva ..,