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1972-10-02 Regular Meeting~~~ _ I~IINUTES OF THE MEETING, OCTOBER 2, 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: Chairman Meares Harriss, Jr., Vice-Chairman Berry A. Williams, Commissioners H. A. Marks, John R. Oxenfeld; County Manager Laurence 0. Bowden; and Hazel Savage, Clerk to the Board. Commissioner J. M. Hall, Jr., and County Attorney James C. Fox were absent. INVOCATION - Chairman Harriss called the meeting to order and asked Rev. John F. Ftztchs, Retired Pastor, Lutheran Church, to give the invocation. APPROVAL OF rwvul•~,S - REGULAR MEETING SEPTEMBER 18, 1972 - Mr. Williams moved, seconded by Mr. Oxenfeld, minutea of September 18, 1972 meeting be ,' approved as written. Motion carried unanimously. FORMAL APPROVAL USE OF HUGH MacRAE PARK BY BOY SCQUTS - Mr. 8owden advised the Commissioners that majority of them had informally given approval by poll vote to the Boy Scouts to use Hugh MacRae Park for their Annual Camporee on November 10-12, 1972, subject to the following conditions: 1. Adequate £is~e prevention is provided. 2. Adequate temporar9 toilet Sacilities are provided. 3. New Hanover County is to be held harmless from ax~}* and all claims as a result, directly or indirectly, of the Camporee 4. The Park is to be restored to its original state of cleanliness and natural appearance with all trash and debris being removed. Mr. Bowden requested formal approval. Mr. Oxenfeld moved, seconded by Mr. Williams, formal approval be granted for the use o£ Hugh MacRae Park by the Boy Scouts for their Camporee on November 10-12, 1972. Motion carried unanimously. APPOINTMENT MEMBERS TO BOARD OF TRUSTEES NEW HANOVER MEMORIAL HOSPITAI~ - Mr. Bowden stated Mr. Hall, who is on the Hospital Board, had discussed with the other Commissioners reappointment of four members to the New Hanover Memorial Hospital Board of Trustees. Mr. Hall suggested four persons who are presently serving on the Hospital Board and who are willing to serve another term. They are as £ollows: 1. .Michael C. Brown 2. A1 Johnston 3. Henry E. Lon$ley 4. Edith R. Merrill Mr. Williams moved, seconded by Mr. Oxenfeld, that the persons named be reappointed for £ive year term, date o£ term to be from September 1, 1972 to August 31, 19']']. Motion carried unanimously. PROPOSAL TO NORTH CAROLINA COMPIITTEE FOR Chairman Harriss brought the matter servin~ as a local co-sponsor to UNCW pr~ arid the community. Purpose of the study can provide in services to the community with the University. CONTINUING EDUCATION IN THE HUMANITIES - of the County appropriating up to $100 in cash and ~ject for studying relationship between the University is that the University might find what part the~ and the community mi$ht find their place in a role Mr. Williams stated at the last meeting he asked that the request be de£erred until he could get more information on the subject. Mr. Williams pointed out he did not take a posi- tion against the proposal. Mr. Williams stated since the last meeting he had discussed the matter with several individuals and had received further printed material with reference to the proposal, and it is now~his feeling the committee's work will have the effect of continu- ing a good and possibly improvin~ the good relationship the community now has with the University of North Carolina at Wilmin~ton. Mr. Williams moved, seconded by Mr. Marks, approval of up to $100 in cash, to come from the General Contingexicy Fund, for the expense of the committee and authorize the use of such facilities owned tiy the County that may be needed to make up the in-kind contribution which is required. Motion carried unanimously. REYr,~vu~, SI3ARING - Mr. HERBERT FISHER - Mr. Herbert Fisher appeared before the questing the County Commissioners set aside until Budget time next year; it can be used Fisher stated if the people felt they would mi~ht have some effect on how they vote nex Board on behal£ of the Taxpayers Association re- any monies received from Revenue Sharing Pro~ram at that time to reduce property taxes. Mr. get relief next year on their property tax, it t month on the Cape Fear Tech Bond Issue. Chairman Harriss stated he feit he was speaking for all the Commissioners in saying any monies will be put in Certificates of Deposit which will draw interest; the County has funds at this time doing just that. Mr. Harriss stated monies received from this Program, if not used to reduce taxes, will keep them from goin~ up. Mr. Harriss stated there are certain things that have to be provided by the County such as a new jail. Mr. Harriss stated funds, which are drawing interest, are being set aside for such purposes. Mr. Harriss stated this constitutes ~ood management and the County will continue it. Chairman Harriss thanked Mr. Fi"sher for appearing before the Board. ~ ~ ~-~ ~~~$ MINUTES OF THE MEETING, OCTOBER 2, 1972 - 9:00 A.M. (CONTINUED) JOINT PUBLIC HEARING (CITY COUNCIL AND C~u~vix COMMIISSIONERS) - ZvivuvG AIRPORT DISTRICT AND ~ROPOSED NE'F) HANOVER ~~iTNTY AIRPORT ZONING ORDINANCE REGULATING AEIGFiT OF STRUCTURES - Mr. Harriss~declared Public earing open which was scheduled £or 9:15 A.M. to consider adoption o£ Zoning Map o£ the Airport District, Amendments to the Zoning Ordinance o£ the County o£ New Hanover, and Amendments to the Zonin~ Ordinance and Map of the City of Wilmin~- ton by establishing an Airport District and regulations £or the proposed Airport District. Also, to consider the adoption of the proposed New Hanover Count~r Airport Zoning Ordinance regulatin~ the height of structures within portions of the City of Wilmington, Pender County, and i~ew Hanover County ~s~the~.mas af£ect the operations of aircra£t using the New New Hanover County Airport. The following membera of the City Council were present: Mayor John C. Symmes, Council- men B. D. Schwartz, Luther Cromartie, Herbert Brand, B. B. Halterman; City Manager John A. Jones; Citq Attorney Cicero Yow;.and City Clerk Claire Hughes. The following members of the Airport Commission were present: Chairman Dr. C. E. Hart- ford, L. L. Doss, Jr., and Lenox G. Cooper. The following members o£ the Planning Commission were present: Chairman I. John Tinga, Leslie N. Boney, Jr., French I. Davis, and Willie Shaw. Mr. Neil Mallory, Planning Director; John A. Westbrook, Airport Manager; and Robert M. Williams with John Talbert Associates, Consultant ~,hgineers £or the Airport Commission, were also present. Mr. Mallory, Director of Planning, stated there were actually two items of business to be considered at this time: (1) Joint Hearing by City Council and County Commissioners on amendments to the City and County Zoning Ordinances by amending such ordinances to provide an Airport District in the vicinity o£ the Airport which would place restsictions on the use of land. The second proposed ordinance is an ordinance that would regulate only the height o£ structure known as the New Hanover County Airport Zoning Ordinance, and this is proposed on recommendation of the County Attorney to be enacted only by the County Commissioners. Mr. Mallory discussed maps on wall. One represented noise contoizr lines based on air- port operation at present. Map was prepared by Planning Department staf£ a£ter collecting data from the Airport Manager's office and local F.A.A, office as to use of Airport, kind of activity, time of activity, duration, and frequency. Based on information furnished by the local F.A.A, the Planning Department was able to determine lowest contours of 90, 100 and 115. In the report the Department recommends type o£ activity that should be limited within each of the CNR Zones. Mr. Harriss asked if the 90, 100 and 115 were decibels. Mr. Mallory stated they were not; this is CNR which is a composite noise rating. Mr. Mallory stated it means that with the 115 represents a decibel, but with it being a composite noise rating that it does not mean on every flight you will get a 115 rating,•but on the auerage of the airport operations over a period of 24 hours the average decibel reading would be 115. It is not a prescribed measurement at one point on one particular operation. Mr. Mallory discussed another map on noise contours done by local F.A.A. based on future operations of the Airport, which was done a£ter the report was prepared. Repoit was submitted to F.A.A, for their review. They reviewed it and said it was good; to the best they could tell it was as accurate as possible, but was based only on present operation. The F.A.A, stated if the County wanted to plan for the flrture and want to think about the flzture these are the types of noise contours the County can expect within the next twenty years. Mr. Mallory stated using noise contours of 115 and 100 the Planning Commission and Airport Commission proposed an Airport District that would place restrictions on the use of land within an area surroundin~ the Airport. Mr. Mallory pointed this out on another map and stated map had been changed since it was originally presented by both the Airport Com- mission and the Planning Commission. At one time, within the area that was to be controlled by the City, the Turnkey III Housing Project Creekwood North and Creekwood South were exempt from the Airport District.. It was the feeling of the Airport Commission and also of the Planning Commission that this was residential use similar to residential use in the othero parts of the proposed district.and they should be exposed to the same controls and regula= tions as anyone else. At the meeting last week the Planning Commission and Airport Commis- sion recommended that this change be made. All~o£ the foregoing pertained to the control of land use; the Airport Zoning District. Mr. Mallory then showed a map pertainirig to ordinance regulatin~ height of structures only. This ordinance would be enacted only by the County Commissioners and not jointly by the City and County. Mr. Robert M. Williams of John Talbert Associates stated he was present to answer any questions re~arding the height restrictions placed by the map. Map was prepared in accord- ance with recommendations of the F.A.A. for height restrictions around an airport handling air carrier operations. Mr. Williams stated there was nothing unusual about it insofar as this being unique above any other airport. Generally speaking the height restrictions are more restrictive in the approaches to each of the two runways, the two runways having £our possible approaches and four possible departures, one on each end oY each runway. Mr. Harriss pointed out recent crash of a F-86A jet into a recreation area in Sacremento. The jet was operating off o£ an airport on which there were no'restraining barriers. There is restraining mechanism at the New Hanover County Airport. Mr. Robert Williams stated this is true. Mr. Williams pointed out it was possible aircraft that crashed was not equipped with proper device for arresting it. , Question about what the height restrictions were for other than for approaches was raised. Mr. Robert Williams stated they were in the event of a misapproach in.bad weather. Mr. Mallory called attention to changes that have been made in the wording of the pro- posed New Hanover County Zoning Ordinance: Page '7 - Last line should read: ". to a height up to 150 feet above the established airport elevation except where same comes in conflict with the primary zone, transitional zones, and/or the approach ' (both types) zone." Pa~e 11- Second line should read: "... deviate from these re~ulations." Page 12- Section XII2, First line should read: "Where ... or any other regulations, the more stringent ..." 1 MINUTES OF THE MEETING, OCTOBER 2, 1972 - 9~00 A,M. JOINT PUBLIC HEARING (CITY COUNCIL APTD COUNTY CONQ'lISSIvlv~,n,5) - ZONING AIRPORT DISTRICT AND PROPOSED NEF1 HANOVER COUNTY AIRPORT ZONING ORDINANCE REGULATING HEIGHT OF STRUCTURES (CONTINUED) ~ Those,present were invited to speak at this time. Mr. Addison Hewlett, Attorney, represented a group of persons protestin~ the proposed zoning. Mr. Hewlett said he, Mr. Herbert Zimmer,.and Mr. Fred Anderson are representing many of these homeowners. Mr. Hewlett spoke saying the Board had the task o£ not doing what is ri~ht but to find out what is right. Mr. Hewlett stated from all the changes Mr. Mallory had broug}it to the atterition of the governing bodies, it seems the matter needs further study. Mr. Hewlett pointed ou~ area that was supposed to be excluded has now been included in the District. Mr. Hewlett stated matter seemed like it is in a state of flux and urged the boards to send it back to the Planning Commission for flzrther study. Mr. Hewlett pointed out many of the people present owned their had been living there for many generations. Mr. Hewlett stated the be changed to commercial or industrial will cut the value of these with devaluation o£ their homes. Mr. Hewlett statalif they have to de£lated price, they will have to pay an inflated price £or another them in a very serious situation. homes and their families very £act this area will iomes. They are £aced sell their homes at a today. This leaves Mr. Hewlett stated the ordinances are unclear in their meaning; it is difficult for even a lawyer to understand. 2~~ Mr. Robert Moore spoke next. Mr. Moore stated property had been in his family since 1891, and i£ the ordinance is passed his children will not be able to build on this propertp. Also, there is in the making a community building which will not be possible now. He re- quested the matter be sent back to the Planning Department for further study. Chairman Harriss stated he personally did not intend to vote on the ordinance this morning but intended to recommend sending it back to the Plannin~ Commission and would think the other Commissioners and Councilmen would concur. Mr. Harriss felt a vote at this time would save a great deal of trouble and standing around for those who have been good enough to come to the hearing. Mr. Marks pointed out major purpose of the Public Hearing is to know what the people would like. This would help governing bodies later in their judgment: Mr. Aarriss agreed it was and he would certainly not try to cut off debate on it but did want to state his position at this time. Mr. Harrias flzrther stated the bodies may well be concerned with the establishment of a regional sirport which would be located in a dif- £erent part o£ the County or even ~ointly with some other County, because the County has an airport now which has outgrown its location. Mayor Symmes stated this is a wise decision, and he concurred with it. Councilman Schwartz moved that this hearing be'continued, but he stated now it is the intention of the Citp Council and Commissioners to send the ordinance back to the Plannin~ Commission for further consideration. Mr. Williams seconded the motion. Mr. Huffine, Realtor, stated he felt Mr. Harriss "hit the nail on the head" concerning a re~ional airport and suggested a committee be appointed to look into this possibility. Mr. Bruce Cameron spoke saying he felt a primary consideration for any flxture recom- mendation should be that property ownera who are a£fected should be compensated on a fair basis. ~ Vote was called on motion. It carried unanimously. Mr. Hewlett stated in view o£ action taken he did not see any reason for the group to continue its presentation, but stated the group has a committee that would be please to go over this matter with anyone that mi.ght be designated and they would be as help£ul as possible. Mr. Hewlett stated he feslt the City Council and Commissioners acted wisely and con- gratulated them for acting in such a responsible fashion. Chairman Harriss stated the Planning Department will schedule another hearing and the County Commissioners will be delighted, and Dr. Hartford, Chairman of the Airport Commission, concurs, as well as membe7s of the City Council, to hear from any group o£ citizens who have any constructive suggestions that might be helpflil. Mr. Ed Mc$oy of the area stated he had a petition with some 300 names for the govern- in~ bodies to look at but their action had cancelled this out and they all appreciated it very much. Also, any o£ them are available at any time to discuss the matter with anyone. Mr. Harriss received the petition. Mr. Harriss declared the public hearing closed. Meeting recessed at 9~55 A.M. Meeting reconvened at 10:10 A.M. PUBLIC HEARING: REZONING. SPECIAI~ USE PERNQTS. AND AMENDMENTS TO THE COUNTY ZONING ORDINANCE - Mr. Harriss declared public hearing scheduled for this time open for consideration of the following: REZ~tviivG RE9:UESTS: " 1. Property on the north side of Bragg Dive 200 £eet west of the inter- section o£ Bragg Dive and N. C. I3ighway 132 (South College Road) from B-2 (Business District) to R-15 (Single Family District) in the Meson- boro Zoning Area / 2~~ `P12NUTES OF MEETING, OCTOBER 2, 1g~2 - 9:00 A.M. PUBLIC FiEARING: REZONING, SFECIAL USE PERMITS, AND AMFNDMENTS TO THE COUNTY ZONING ORDINANCE - (CONTINUED) - Mr. Mallory stated at a recent meeting when special use permit for apartments in the Pine Valley area was approved, it was pointed out a small portion of the property was~zoned B-2 and in order to use it £or apartments it would have to be rezoned. mhe Planning Commission recommends approval. Mr. Oxenfeld moved, seconded by Mr. Marks, the rezoning request be approved as recommended by the Planning Commission and the Commissioners be authorized to si~n ordinance amending the zoning map of the Masonboro Zoning Area. Motion carried unanimously. (The ordinance is contained in Zoning Ordincmee Book I, Masonboro Sectiorc, Page 7.) 2. Propert9 on the east side of Carolina Beach Road (U. S. Eiighwa~ 421) between S.R. 1524 and S.R. 1492 in Zoning Area #4 from E-15 (Single Family District) to B-2 (Business District) Mr. Mallory stated this property is located across the street from an existing B-2; it is south of Monterey Hei~hts Subdivision and across from gye's Service Station on 421 and a privately owned airport along Carolina~Beach Road. The Planning Commission recommends area be rezoned. Mr. Williams moved, seconded by Mr. Oxenfeld, rezoning request be ~ranted, as recommended by the Planning Commission, and the ordinance amending the Zoning Map of Area #4 be aigned by the COIDmissioneTS. Motion CaTI`ied unA^~^~ously. (The Ordinmxee is contained in Zoning Ordinance Book I, Section 4, Page 6.) SPECIAL USE PERMIT RE9UESTS: 1. Application for 8pecial Use Permit to use property on the west side of N. C. Highway 132 (North College Road) between Kings Grant Subdivision and Spring View Subdivision for a church in an R-10 District in Zoning Area No. 9-A Mr. Mallory stated the Planning Commission recommends special use permit be issued sub- ject to the map that was submitted with the application for special use permit. Mr. Harriss pointed out special use permit, if ~ranted, could only be used for a church. Mr. Marks moved, seconded by Mr. Oxenfeld, request for special use permit, as recommend- ed by the Planning Commission, be approved and the Chairman be authorized to sign the special use permit. Motion carried unanimously. 2. Application £or Special Use Permit to use property on the east side of N. C. Highway 132 (North College Road) approximately 4,'700 feet north of the inter- section of N. C. Highway 132 and Murrayville Road for duplex dwelling in an R-15 District in Zoning Area No. 8B Mr. Mallory etated the Planning Commission recommends that the special use permit be issued, subject to the plans that were submitted with the application for special use permit. It is for only two duplex dwellings in this location. This is for property owned by Mr. Clayton L. Long. Mr. Long already has two duplexes to the south of his home and these two will be to the north of his home. The Planning Commission recommends approval subject to the map submitted with application £or special use permit. Mr. Oxenfeld moved, seconded by Mr. Marks, this request for special use permit be ap- proved as recommended by the Plannin~ Commission and the Chairman be authorized to sign the special use permi.t. Motion carried unanimously. 3. Application for Special Use Permit to use 16.'75 acres of property on the west side of U.S. Highway 421 (Carolina Beach Road) between Silver Lake Road and Antoinette Drive for duplex dwellings in an R-~10 District in Zoning Area No. 4 Mr. Mallory stated processing of this application for special use permit is very similar to the one requested at a recent meeting for apartments at Pine Valley. The developer has submitted a: ro'ugh"_layoti~:.bf•.:t3~e,.propLLo'sed-=ptojth~G,_ butr.he{•has iao.t subm~t~ad' ~ina~r pl~nsr ~~ tr.atr.wou~;d.co~ply with the ordinance. The question this developer wants answered is may he use this land for this purpose before going to more engineering costs in preparing the de- tailed plans. The recommendation o£ the Planning Commission is that the special use permit be issued, subject to the plans bein~ submitted in accordance with the New Hanover County Zoning Ordinance. Again at the meeting oY the Planning Commission they authorized the Subdivision Review Committee to be the Pinal approving autht~i'ity of the plans. Mr. Mallory pointed out the County Commissioners at their last meeting did not like this concept of the Subdivision Review Committee bein~ the final authority. Mr. Williams stated as lon~ as there is no objection from the standpoint o£ recreation area location, set-backs and things of this nature, and if all the Subdivision Review Com- mittee has to do is to determine when they have met the requirements of the Zoning Ordinance it is fine to do so, but there were things in.the reguest presented at the last meeting that the Commissioners wanted to have the final say on. Mr. Williams stated it was not necessar~ this request be treated in the same manner. Mr. Oxen£eld moved, seconded by Mr. Williams, request for special use permit be ~ranted, as recommended by the Planning Commission, and the Subdinision Review Committee to be final approving authority, subject to the approval o£ the County Attorney, and the Chairman be' authorized to sign Special Use Permit. Motion carried unanimously. Mr. Williams stated he liked the idea of where there is no objection, the Review Committee having authority to go ahead with the approval, if it is legal, because the Commissioners do not want to delay unnecessarily the beginning of construction on property of any person. Mr. Mallory stated three of the amendments to be presented now came about due to the recently adopted amendment pertaining to apartments. Effect of these amendments will be to loosen the restrictions of the apaTtment developments. 1 MINUTES OF MEETING, OCTOBER 2, 1972 - 9~0o A.M, . PUBZIC HEARING: REZONING, SPECIAL USE PERMITS, AND AMENDMENTS TO THE COUNTY ZONIN.G . ..,_. _. ORDINANCE C CONTiia us,y ) - AMENLiir,ivl'S TO GOUNTY ZONING ORDINANCE: 1. Amend Article VII, Section ~2-6 by adding the following: "although multi-family dwellings and/or developments that are served by either a community water system or a community sewage treatment £acility shall be subject to the lot area or dimension requirements Por each dwelling or family unit in the R-10 Residential Zone." This will apply primarily to duplex dwellings that have a community water system or a community sewage system that could go on a 20,000 square foot lot which would be 10,000 square feet for each dwelling unit within the structure. This is in accordance with the Health Standards of the Health Department. Mr. Oxenfeld moved, seconded by.Mr. Marks, that amendment to Article_VII, Section ']2-6, as recommended b~ the Planning Commission, be approved and the Commissioners be authorized to sign ordinance amending the Zoning Ordinance of New Hanover County. Motion carried unanimousl9. 2. Amend Article VII, Section '72=6 (1) by having the first sentence thereof to read as £ollows: "(1) Have direct access to an existing major thoroughfare as shown on the Thorou~h£are Plan, or to a marginal access road along such • thoroughfare. Mr. Mallory pointed out change here is that it is deaignated in the ordinance a thoroughfare, such as U. S. 17, U.S. 421, etc. Mr. Mallory stated the proble.m the County will run into is that if a portion of a T}ioroughYare Plan is implemented where a new road is constructed, the oidinance will have to be amended if County specifies each road that county says they can have access to. This phrase would alleviate the problem of having to come back and amend the ordinance in the future. Mr. Oxen£eld inquired how this would apply to the new Thoroughfare Plan had it been adopted. Mr. Mallory stated this was geared to that plan. , Mr. Williams moved, seconded by Mr. Oxenfeld, that Article VII, Section ~2-6 (1) be amended as recommended by the Planning Commission and the Commissioners~be authorized to sign ordinance amending the Zoning Ordinance o£ New Hanover County. Motion carried unanimously. 3. Amend Article V2I, Section 73-3 by adding the following: "(4) A 10'~ reduction in total non-buildable lot area is permitted if the development provides an on-site community recreation build- in~ (miriimum floor area to be 800 square feet)." _ Mr. Mallory stated this would be within the list of reductions that are given to the developer £or his non-buildable lot area i£ he provides certain recreational facil'ities. The P1An^;ng Commission is suggesting one more reduction be granted if there will be a home site community recreation building. Mr. Marks suggested percenta~e based on number of units. Mr. Mallory stated he would take this back for consideration o£,a percentage based on number o£ units. _By common con- sent approval was de£erred until Mr: Mallory can work out something on a percentage basis. 4. Amend Article V, Section 54-2 by adding the following: "(21) Appliance sales and repairs." Mr. Mallory reminded the Board he presented amendment to permit appliance sales and repairs subject to restrictions of no outside storage and i£ in B-2 District if there be outside storage it be completely enclosed. As result some objections made by the appliance dealers pointed out this was a restriction placed on them within a B-1 or B-2 Zone that no other user in the District was required to comply with. Mr. Mallory stated he agreed with the comments and they were presented to the Planning Commission who agreed also. They have voted to recommend to the Commissioners to strike any additional restrictions placed on appliance sales and repair and just make appliance sales and repair as a permitted use in a B-1 and B-2 District without any other restrictions placed on them. Mr. Oxen£eld moved, seconded by Mr.; Marks, Article V, Section 54-2, be amended as recommended by the Planning Commission and the Commissioners be authorized to sign ordinance amending Zoning Ordinance of New Hanover County. Motion carried unanimously. Chairman Harriss declared the Public Hearing closed at this time. 2u~ BOARD OF ELECTIONS REQ,IIEST FOR APPROPRIATION - Mr. William H. McEachern, Chairman, Board of Elections, advised the Board the Board of Elections will need straps, which are metal levers that ~o from one side of voting machine to the other. All eight columns will be used on the machines. The straps will cost $800 xnd Mr. McEachern stated from looking over the budget he did not see any £unds available in the Board of Elections Bud~et, but there is a possibility it could come from precinct per- sonnel or maybe computer services later. Mr. Marks moved, seconded by Mr. Oxenfeld, that up to $800 be appropriated for the straps as requested, funds to come from General Contingency Ftznd. Motion carried unanimously. TAXATION OF FARM LAND - Mr. I. J. Tinga appeared be£ore the Board and stated last week the Board of Directors o£ the Loca1 Farm Bureau me~t and proposed that the various Boards o£ County Commissioners endorse principle of valuation o£ farm land according to its use. Mr. Marks stated New Hanover County is no longer an agriculture county. Mr. Marks stated he would like to have time to read the information furnished and make an evaluation later. Mr. Tinga stated the Farm Bureau wanted the Commi.ssioners to hear their side before listening to opposing side who contend land should be valued according to its potential use. Mr. Williams pointed out land is still taxed by acreage until it gets do~in to a certain acrea~e. 2~~ . _ . . . -MINUTES OF MEETING, OCTOBE& 2, 1972 - 9:00 A.M. TAXATION OF FARM LAND (CONTINUED) - Mr. Williams stated there will be a meeting in Raleigh sponsored by the N. C. Associa- tion of County Commissioners for discussion on this matter this week. Mr. Williams felt that after discussion it will be referred to the I~egislative Committee and ultimately to the Board of Directors before taking a position. Mr. Williams stated he was not ready to take a position at this time. Mr. ':~filliams stated he Yelt as soon as the General Assembly starts classifying any particular type o£ property for purpose of taxation, it will open the door to other demands. Mr. Williams was of the opinion the entire situation will have to be con- sidered. Mr. Williams stated if the bars are let down, everqone will try to get legislation for themselves, and the tax base could be eroded terrificially which would add burden to homeowners. No action was taken by the Board of County Commissioners. WAIVER OF TAX PENAI/TIES - 1"ir. Larry Powell, Tax Administrator, presented two requests for waiver of tax penalty for late listi;ng: 1. Mrs. Marjorie A. Donovan $21.33 2. Mrs. Phpllis B. Knowles 5•85 Mrs. Knowles stated in letter dated September 11 to Mr. Powell that evidentl~ her listing was lost in the mails. After discussion, Mr. Williams stated that since there appears to be legal justification for not charging the penalty in the case of Mrs. gnowles, he would move that the penalty in amount oP $5.85 be forgiven on the property of Mrs. Phyllis Knowles, sub- ject to receipt of affidavit stating she mailed her tax abstract as indicated in her letter of September llth to Mr. Powe11. Mr. OxenYeld seconded the motion. Motion carried unanimnusly. Mr. Powell stated Mrs. Marjorie A. Donovan's reason for late listing was that her hus- band passed away, and he had always attended to listing their property. Also, Mrs. Donovan had been hospitalized for several days in January. ' After discussion, Mr. Marks moved, seconded by Mr. Oxenfeld, request for waiver of pen- alty in amount of $21.33, as requested by Mrs. Donovan, be denied. Motion carried unanimously. OVERSrr.~vLING OF I~AST YEAR' S BUDGET - Mr. Larry Powell, interim Auditor, advised the Board there was:ai overspending of last year's budget. Invoices received in June and later were not paid until this year's budget was adopted. Mr. Powell requested the Board's approval to deduct $19,0']5.13 from E1znd Balance (Surplus) which was on hand at beginning of this fiscal yeax. Mr. Williams moved, seconded by Mr. Marks, recommendation of the Interim Auditor with reference to these bills be approved, funds to come from ~lind Balance (Surplus) shown at the beginning of £iscal year 1g~2-73. Motion carried unanimously. STATE SCHOOZ BUDGET - Mr. Powell presented State School Budget for the Chairman's signature. Figures had been verified by Mrs. Elizabeth Edens of the Auditor's Office. Mr. Oxen£eld moved, seconded by Mr. Marks, assuming the Budget has been thoroughly checked, the Chairman be authorized to sign. Motion carried unanimously. FORMAI, APPROVAL TRANSF'ER OF r uLVyS WIl~nuv AEAIIPH DEPARTMENT - On September 21st the Commi.ssioners were polled and ma'ority voted to trans£er $8385 from Health Department ~nd Balance (IInappropriated Surplus~ to Salary for an Epidemiologic Assistant $5220; Fringe Benefits $765; and Travel ~2400; total $8385. This position is in compliance with V.D. Contract with the State Board of Health. Salary will be re~l.inded to the County by the State Board of Health. • Mr. Marks moved, seconded by Mr. Williams, £ormal approval o£ the transfer as requested. Motion carried unanimously. RE9.UEST FOR PURCHASE OF PSYCHOIAGICAZ STRESS EVALUATOR FOR SHERIFF'S DEPARTMENT - ~ Mr. Bowden presented request for ptc~:chase of psychological stress evaluator for the Sheriff's department. Total cost of equipment, including training o£ personnel, in $3200 and cost to New Hanover County is ~800. Sheriff does not have any funds in his budget at this time, and Mr. Bowden recommended $800 be appropriated from the General Contingency Fund for this purchase. Mr. Williams moved, seconded by Mr. Oxenfeld, appropriation of $800 for the purchase of this equipment be approved, fluids coming from the General Contingency Fund. Motion carried unanimously. • RE9UEST FOR USE OF COMMERCIAL LAUNDRY TO DO JAIL LAUNDRY - Mr. Bowden requested $800 for use of commercial laundr~ and permission to dispose of old washer and dryer which need considerable repairs. Mr. Marks was of the opinion it would be cheaper to do the laundry at the jail than sending it out and was willing to appropriate funds for new equipment. Mr. Williams was of the opinion it would be more satisfactory to have lsundry done by commercial laundry and moved the request for ~800 be approved for commercial establishment to do the work on a trial basis for balance of this year, funds to come from the General Contingency Fund. Motion died for lack of a second. Mr. Marks moved, seconded by Mr. Oxenfeld, that bids be bbtained for purchase of new washer and dryer and up to $100 be apprpriated from the General Contingency F1znd to take care of laundry for the jail until new equipment can be purchased. Mr. Willaims suggested check be made as to cost £or detargent and labor £or operation. Mr. Harriss stated Mr. Bowden will check on all these questions and report back at the next meeting. Vote was called on motion. It carried three to one. Mr. Williams Voted "No." WATER CONDITIONER FOR JUVENILE SERVICES ur:LVrr,x - 1"ir. Bowden stated after receiving call from Mr. Knopf concerning condition of water he visited the Juvenile Services Center on Friday. They are flzlly occupied and already have twelve children. The water is very hard, it has iron content o£ about .2 and PIi of about .'7. The £ixtures are presently being stained. Mr. Bnopf found for $160 per year he can rent a piece of equipment, with renewal charges for chemicals, or one can be purchased £or approximately $600, including the installation. There are no funds in the Juvenile Services budget for this. Mr. Bowden recommended the purchase of the water con- ditioning equipment not to exceed $600, including~installation. _MINiTTES OF MEETING, OCTOBER 2, 1972 - 9~0~ A.M. WATER CONDITIONER FOR JUVENILE S~,xviCES CENTER (CONTINUED) - Mr. Marks moved, seconded by Mr. Oxen£eld, the water conditioner be purchased, £unds~ to come from the General Contingency F1xnd. Motion carried unanimously. . DISCOUNT ON TAXES - Mr. Williams stated he had been asked by several people why no discount rate is shown on tax statements this year. Mr. Powell stated under the new Machinery Act no discouiit~is allowed after the bill becomes due. The due date was changed from October to September: Back in April before a discount schedule for prepayments was established, anything that was prepaid before September 1 was entitled to a discount starting at 2%• By the time the bills were mailed there was no discount on them. . 2~9 PUBI,IC ADDRESS SYSTEM - Mr. Williams euggested, in view o£ anticipated hearings before the Commissioners, which will be attended by large crowds that will not be able to get into the Commissioners" Room, Mr. Bowden be authorized to look into the possibility of getting a Public Address Bystem with an extension to the outer of£ice. By common consent it was agreed Mr. Bowden check into the matter. TAX MAPPING AND REVALUATION - Mr. Bowden stated the Board had assigned him the responsibility of checking the com- panies that did bid and appeared to have the most likely capability of per£orming the work of mappin~ the revaluation for New Hanover County. Mr. Powell, Tax Administrator, and Mr. Mallory, Planning Director, were requested b~* Mr. Bowden to assist him. Mr: Bowden stated the three of them visited two companies (at the companies' e~cpense). They were Cole-Layer- Trumble and Jim I,aird Company. Mr. Bowden stated these companies toolt them to their mapping centers, revaluation centers, and to the live data centers. Both are quite capable of per- forming mapping, and it is almost a toss up until you look at the cost, but on the total package Jim Laird's bid of $680,500 and Cole-Zayer-Trumble bid o£ $685,600 left approxi- mately only $5,000 difference. Mr. Bowden stated the County wanted other things that were not written into the speci- fications such as a 1 to 400 scale map for the Planning Department. To change the scales in the present specifications, which are 1 to 50 for municipalities and 1 to~.100 £or the areas outside the incorporated areas, to 1 to 400 is quite an expensive lab technique. Additionally, the County also wanted the maps to have accuracy enough to add contour lines on a set of drawings for comprehensive planning for drainage and Por the Planning Department and for use by the County and denelopers at a later date. Mr. Bowden stated he had two final calls Friday, and it would appear that Cole-Layer- Trumble gives the County the most satisfactory bid and is less in cost than Jim I,aird in that they are willing to furnish at no additional cost the 400 foot scale map for the Planning Department with photo index maps, the coverage o£ it to include one map oY the County with the super imposed lines, and one without it for taxing purposes on a 1 to 400 scale. Mr. Bowden stated they listened to Cole-Layer-Trumble and went back to Jim Laird Company, and their price would have been considerably more as it was quoted over the phone. Both~ companies would be fl.irnishin~ live data information. All of the programs and all of the input and output generated for both the revaluation, tax maps, and Planning Department maps would become property of New Hanover County. Mr. Bowderi recommended bid of Cole-Layer-Trumble be considered for the task of revaluing and tax mapping of New Hanover County at a total cost of $685,600. It was pointed out Jim I,aird Company does not provide entire services,they are bidding on; the~r contract mapping and at one time they were also contracting data service. Cole-Layer-Trumble is the only firm that can supply in-house services from £lying in- dividual fli~hts down to handling of public relations and mapping through to the end pro- duct which will be the cases that will be heard before the State Board o£ Assessment. Mr. Marks stated he was o£ the opinion when work is divided, there might be difficulty in fixing responsibility for certain inadequacies whereas if it is all under one head, this can be avoided. Mr. Marks stated he accepted the recommendation of the County Manager, Tax Administra- tor and Planning Director and moved that the bid of CL&T in amount of $685,60Q be accepted and Mr. Bowden be authorized to proceed with drawing of the contract. Mr. Oxenfeld stated he £elt this was a grea~ step for the Countp and was happy to second the motion. Mr. Bowden stated sooner or later New Hanoner County has to get into the contour maps. Mr. Bowden stated this does not include the one map that the County really needs which is with"a two f0ot contour interval shown from the northern end.to the sourthern end of New Hanover County, but hopefully the County will be able to get into thia later. Mr. Bowden stated prices have been discussed and now, of course, is the best time to do it while tax mapping is underway. Mr. Bowden stated the County is guaranteed that the accuracy of what they call the "Z" Coordinate (which is the vertical coordinate) will be built.into the maps. Mr. Bowden requested permission to ne~otiate with CLT on a price to hold for 12, 15 or 18 months that they would give the County on contour mapping but not to be included in this bid. By common consent, it was agreed Mr. Bowden be authorized to do this. -iscussion on how long process will take was held. Mr. Bowden stated it would be spread out over a period o£ from 22 to 26 months. The work has to be completed'by January, • 1975- P'Ir. Harriss stated tax mapping is a permanent thing and will in the fliture make revalua- tion easier and problably less e~cpensive than it would otherwise be, and eventually the tax mapping will pap for itself. Mr. Harriss stated he felt there are tremendous inaccuracie-s in the listing o£ land, particularly in some of the more remote sections of the County. Many deeds call for less acres than are actually surve9ed out. This will be eliminated. Mr. Bowden pointed out counties are required to revaluate property every eight years and tax mapping will cut the cost. Mapping is done only once and is to be kept current by the County. Maps will be kept up by the Tax Department on site, and person will be trained by CIlP. Mr. Bowden stated this will probabl~ be a f~,ill time position. ~~~~ - . . . . . . . MINUTES OF MEETING, OCTOBER 2, 1972 - 9:0o A.M. TA% MArruvG AND REVALUATION (CONTuvu~,D) - Vote was called on motion accepting bid of CIIP. It carried unanimously. Mr. Bowden stated Mr. Hall, who was absent, had also expressed his opinion as "Aye" be£ore the meeting. RATIFICATION OF AGREEMENT BETWEEN FEDERAL GOVERNMENT AND NEW HANOVER COUNTY - Mr. Bowden advised the Commissioners of ineetin$ held on September 13, 1972 between tYie Airport Commission, County Commissioners, Mr. Bowden, Mr. Westbrook and the Department of the Navy and U. S. Marine Corps Air Station, Cherry Point. At the outset of the meeting it was proposed the County grant the Department of the Navy a perpetual use agreement for the entire airport property in return £or the fee title to 148 acres of land owned by the Navy on which a portion o£ Runway 05-23 is located. NLr. Westbrook stated the Navy was paying the Airport $4,992 annually for use of the Airport at the present time. Dr. Hart£ord, Chairman o£ the Airport Commission, offered a counterproposal that would provide a 10 year agreement, renewable annually, and a reduction oS the Navy's use £ee to $2,500 to be adjusted annaully based on the frequency o£ Nava1 and Marine Aircra£t opera- tions in exchange for the fee title to the 148 acres of land owned by the Navy. The Airport Commission is requesting ratification by the Count~ Commissioners of the action they took at this September 13th meeting. Mr. Williams moved, seconded by Mr. Oxenfeld, that the counterproposal agreed to by the Airport Commission be ratified b9 the Board of Count9 Commissioners today. Mr. ~en£eld stated he attended the meetin~ and the matter was thornu~hly discussed £or a period of two hours. Although it is not l~own whether the Navy will accept the counter- proposal, it was the consensus oY those present, including the Marine Corps and Navy repre- sentatives, that this would be acceptable. Mr. Oxenfeld stated he concurred in the counter- proposal. Vote was called on motion. It carried unanimously. CP&.I~ APPI,ICATION F~R SUPPI,Y OF ELECTRICITY TO JUVENILE SERVICES Cr.iv•rr,R - Mr. Bowden presented contract between Carolina Power & i,ight Company and New Hanover County wherein CP&I, agrees to furnish power to the Juvenile Services Center and the County agrees to take it. Mr. Bowden stated he had checked with the County Attorney who advises this is the usual procedure when application fOr electricity is £ormulated in form of a contract. Mr. Marks moved, seconded by Mr. O~cenfeld, that the Chairman be authorized to sign the contract. Motion carried unanimously. DISPOSITION OF DRAGLINE - Mr. Bowden requested authority to dispose oP the 67.d`County dragline. Mr. Williams moved, seconded b~ Mr. Marks, that the County Manager be authorized to proceed with ad- vertising of old dragline £or bids. Motion carried unanimously. DISTRIBUTION OF ABC PROFITS - ~ Mr. Marks called attention to letter £rom Mr. George Rountree, Attorney, relative to change in distribution of ABC taxes which is proposed by a neighbor Chairman of Commissioners. Mr. Marks stated it borders on what Mr. Harriss had sug$ested sometime ago about the in- equitable distribution o£ ABC pro£its. This matter, by common consent, was deferred until the next regular meeting. REI,EASE OF F.A.A, r~uivLS TO AIRPORT - Mr.,Bowden stated the Airport Commission had been advised by the F.A.A, that the ap- proaches are clear at the airpot, and their check will be forthcoming in the amount of $200,000 that the County has been waiting to get back on paving at the airport. ADJOURNMENT - There be3ng no fl~rther business to come before.the Commission, Mr. Oxenfeld moved, seconded by Mr. Williams, that the meeting be. adjourned. Motion carried unanimously. Respectfl~lly submitted, Hazel Savage Clerk to the Board hs/mw , MINUTES OF MEETING, OCTOBER 16, 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 ~resent: Chairman Meares Harriss, Jr., Vice-Chairman Berry A. Williams, Commissioners H. A. Marks, John R. Oxenfeld; County Attorney James C. Fox; County Manager Zaurence 0. Bowden; and Hazel Savage, Clerk to the Board. County Commissioner J. M. Hall, Jr. was absent. INVOCATION Chairman Harriss called the meeting to order and asked Rev. J. A. Humphrey, Pastor, Mt. Olive A.M.E. Church, to give the invocation. APPROVAI~ OF Puivul•~;S - REGULAR MEETING OCTOBER 2. 1972 - Mr. Williams moved, seconded by Mr. Marks, minutes of Regular Meeting of October 2, 19']2 be approved, subject to corrections outlined by the Clerk to the Board in memorandum of October 12, 19']2. Motion carried unanimously.