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1972-11-06 Regular Meetingr MINUTES OF MEETING, NOVFMBER 6, ~g72 - g:oo A.M. 2~ ASSEMBI,Y - 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 J. M. Hall, Jr., H. A. Narks, John R. Oxenfeld; County Attorney James C. Fox; County Manager Zaurence 0. Bowden; and Hazel Savage, Clerk to the Board. INVOCATION - Chairman Harriss Faith Assembly of God APPROVAL OF NtINUTES - Mr. Uxenfeld mov~ 'i6, 'i9']2, be approved called the meeting to order and asked Rev. Ronald Capps, Pastor, Church, to give the invocation. REGULAR MEETING OCTOBER '16. '1972 - ~d, seconded by Mr. Williams, minutes of Regular Meeting o£ October as written. Motion carried unanimously. REQUEST FOR REMOVAI, LATE TAX LISTING PENAZTY - MRS. VIHGINTA B. WSZALEI~ - Nr. I,arry Yowell, `Pax Administrator, informed the Board Mrs. Uirginia B. Wszalek was present and would like to present her request for removal of late tax listing penalty in amount of $'13,'!2. Mrs. 4lszalek stated she listed her taxes at Joes Dru~ Store the first part of January, '19']2, and that a neighbor went with her. rr. Powell stated he had. a notarized statement from Mrs. Wy2alek to this effect. Mr. Williams stated in the past when a person has indicated by a notarized statement that they did list, in cases similar to this, it has been the custom of the Commission to remit the penality. Mr. Williams moved, seconded by Mr. Hall, the penalty be removed. Mr. Hall pointed out reason for the balance shown to be due by Mrs. Wszalek; it was because ~he City tax rate was increased. Mr. Powell stated Mrs. Wszalek understood this, and she will receive a small refund when the penalty is removed. Vote was called on motion. It carried unanimously. REQUEST FOR REMOVA I~ T~ATE TAX I,ISTING PENALTY - CHARLES R. HUMPFIREYS - Mr. Powell presented request for late tax listing penalty from Mr. Charles R. Humphreys. Mr. Humphreys purchased property here in November, 'i9']'I, but did not actually move to 4lilnington until Narch of '19']2. The abstract was mailed to Mr. Humphreys' address in Wilmington, but was not forwarded to him. He did not receive the abstract, therefore he did not list. Mr. Iiall stated under these circumstances he would move that penalty in amount of $44.44 be removed. Mr. 4Jilliams asked the County Attorney for a ruling on the legality of this particular question. Mr. Fox stated the tax could not be exempt, but the penalty could be removed at the discretion of the Board, Mr. 4lilliams seconded Mr. Hall's motion. Motion carried unanimously. Mr, Harriss stated he was of the opinion P'Ir. Hall made the motion because he felt that the man was an out-of-state resident and because of the fact the tax abstract was not for- warded to him the Commissioners' position in removing the penalty would be justified. Vote was called on motion, It carried unanimously. INTRODUCTIOI~ OF MR. PATRZCK G. ROSS, NEW COUNTY AUDITOR - Mr. Yowell introduced Mr. Patrick G. Ross to the County Commissioners. Mr. Ross assumed his duties as County Auditor effective today. Mr. Ross expressed his delight in being in Wilmington and having been selected as Auditor for New Hanover County. Mr. Harriss stated he would like to say for the Commissioners that a most extensive and intensive investigation of Mr. Ross' background. and qtzalifications was conducted before recom- mendation to Judge Tillery that he be appointed. Mr. Ross has been Finance Director of the City of Gastonia, N. C. for a period of over a year; prior to that =Finance Darector.of the City_of:Shelb~~,~Pd: C:'and prior'_to.'that Resident-Auditor for Manger Hotels, Inc., New York City. Mr. Harriss pointed out Mr. Ross' experience has always been in Accounting, and is sa highly regarded by the Local Government Commission that he is on the Advisor~* Sub-Committee Staff on Accounting in addition to which he helped in the preparation of the Uniform Account- ing Procedures Nanual which is the so-called Bible of the Local Government Commission of the State of North Carolina. Mr. Harriss stated in addition to this, in all fairness to Mr. Ross, it should be pointed out that an indepettdent investigation was made, results of which were excellent. Mr. Harriss stated the Commissioners found every reason to recommend his appoint- ment, and they are extremely happy that he accepted the position. Mr. Harriss pointed out that frequently in articles appearin~ in local newspapers there has been the unfortunate juxtaposition o£ two facts which create a third impression, and he would like to take this opportunity to remind the press that with freedom of the press also comes an immense responsibility for not creating impressions that may be dama~ing, not on~y to the individual involved, but to a system of government to which citizens should be able to look without any concern about rahether it is being operated as it should be. APPROPRIATION FOR SHERIFF'S DEPARTMENT - OUTBOARD MOTOR - l~ir. ]3owden presented request received from the Sheriff for a new outboard motor for ~ the Departments' boat. The Sheriff's request stated due to the great inflwc of water traffic and high powered motors being used, they felt they could do a better job with a larger motor. Three estimates were furnished, lowest being ~6900. Mr. Bowden recommended $900 be appropriated from the Contingeng*Fund £or a larger outboard motor pointing out the boat is now being used year round. Mr. Oxenfeld moved, seconded by Mr. Marks, $900 be appropriated from the General Contingency Fund for the purchase of the outboard motor as reouested by the Sheriff and recommend.ed by the County Manager. Motion carried unanimously. ' ~d~ O MINUTES OF MEETING, NOVEMBER 6, ~972 - 9:0o A.r. (CONTINUED) RE9UEST COMP'IISSIONERS' ENDORSEMENT ADDITIONAL HEI~P WILD LIFE COMMISSION - Mr. Bowden stated he had had requests £rom marinas, who do not have no-wake zones, to please have no-wake zones established. He stated Mr. Loiae is having trouble, since he docks mostly sail boats, and he states the north-south traffic now is going so fast the wake is so that the masts at the gas tanks tend to swing over toward each other and could interlock doing many thousands of dollars damage in addition to being a very unsafe condition. Mr. Bowden stated he had talked with Mr. Full~oood of the Wildlife Commission and told him he had no choice but to write a letter requesting additional help year round from the Wildlife Commission to be located here in Wilmington, if ~the Commissioners would so authorize him. Mr. Bowden pointed out Mr. Musselwhite is taken out during the winter months and used in the hunting area. Mr. Harriss stated he felt New Hanover County gets very little from the Wildlife Com- mission from the number of boat license fees they collect in this area. Mr. Marks moved, seconded by Mr. Williams, that the County Manager be authorized to write letter from the County Commissioners. Motion carried unanimously. TRANSFER OF FUNDS - HEALTH DEPARTMENT Hequest from the Health Department for an additional clerk for the Veneral Disease Program was presented to the Board by Mr. Bowden. Annual salary will be ~4992. For the remainder of the fiscal year $36'18 will be needed. Thi.s includes Social Security, Retirement and Hospital Insurance. Mr. Bowden recommended approval. Mr. Williams moved, seconded by Mr. Oxenfeld, the request be approved as requested, funds to come from Health Department Surplus. Plotion carried unanimously. TRANSFER OF FUNDS - AIRPORT - Mr. Bowden presented request from the Airport that ~300 be transferred from Building Repairs to the Covered Concourse Project. This is needed to cover changes recommended by the FAA. Mr. Bowden recommended approval. Mr. Marks moved, seconded by Mr. Williams, the transfer be approved. Motion carried unanimously. _ APPROVAI, CONTRACT BETWEEN ARCHITECT AND COUNTY - RENOVATION FOURTH FLOOR OF SOCIAI~ SERVICES BUILDING Mr. Bowden presented contract between Ballard, McKim and Sawyer, and New Hanover County for renovation of the 4th floor of the Social Services Building. Mr. Bowden stated contract had been~reviewed with Mr. Oxenfeld, and it seems in order. Mr. Bowden recommended the Chair- man be authorized to sign it. Mr. Oxen£eld moved, seconded by Mr. Marks, the Chairman be authorized to sign the agree- ment on behalf of the Commissioners. Motion carried unanimously. AIRPORT REQUEST FOR USE OF AMOUNT OVER y$200~000 I'ROM FAA CHECK - Mr. Boraden stated he had received another letter from the Airport Nanager regarding FAA check the County is to receive. Mr. ldestbrook stated the Airport Commission would approve amount over ~200,000 be deposited in non-tax account but earmarked for airport improvements, to be spent with the Board of Commissioners' approval only. Mr. Bowden stated he had talked with Mr. Pyles of the Local Government Commission as he was requested to do at the last meeting. Mr. Bovrden stated he also discussed this with Mr. Ross this morning. Mr. Ross sees nothing wron~ aiith the recommendations that are being made; that the budget be amended to include whatever increased amount is over the anticipated $200,000 and. budget amendment be written whenever it is known exactly what it is to be. Mr. Marks stated airport improvements were included in the Bond Issue and funds had to be taken from other sources to make repairs at the Airport in the meantime. Mr. Marks felt the funds had already been spent. Mr. Harriss stated approximately $90,000 was included in the Bond Issue for renovation of the terminal and he was of the opinion the County had spent considerably over this amount. By common consent the Commissioners deferred action on thi.s until a report can be re- ceived from Mr. Ross. CLARIFICATION OF WORK WEEK - Mr. Bowden presented request from the Tax Administrator that the Tax Office be opened from 9:00 A.M..to 5~00 P.M. instead of from 8:00 A.M, to 5:00 P.M. Reason for request is to allow all three cashiers to balance at the same time and allow them to get on with other tasks. At present it takes 45 minutes per cashier:for a total of two and one-quarter hours, therefore it is around 'I'I:00 A.PT, before daily work is sent to the bookkeeping section for processing. Mr. Powe11 stated the bookkeeping section could be kept open for attorneys who wish to do research be£ore 9:00 A.P1. Mr. Marks moved, seconded b~* ~r. Harriss, the request be granted.. Mr. Williams suggested question be de£erred until next meeting to allow the general public, the attorneys, and others to express their views on it, if they feel it will af£ect them adversely. Mr. Williams made a substitute motion, seconded by Mr. Hall, the matter be deferred and item placed on agenda for next meeting. Substitute motion carried unanimously. JURY PAY - Mr. Bowden called attention to letter, dated October 25, '19'72, and copy of editorial in the Sanford Herald, the Chairman had received from Mr. Gordon Wicker, Chairman, Lee County Board of Commissioners, advising his Board. unanimously approved, on October '16, '1972, a bill to increase pay of jurors to $~'14 per day. Mr. Bovaden stated. jurors are now paid only $8 per day. It was pointed out jury duty works a hardship on some people, who have to forfeit sometimes a week's pay to serve. Mr. Wicker asked if this Board approves an increase, it support legislation by contacting the Senators and Representatives in its District. MINUTES OF MEETING, NOVEMBER 6, ~972 - 9:0o a.M. (CONTINUED) JURY PAY (CONTII~UED) - It was pointed out this would require no tax appropriation, funds would come fros, Court Facilities Fees. Mr. Hall moved, seconded by Mr. Williams, the Commissioners approve the increase and letter be written to Senators and Representatives in this District, with copy to newly elected representatives from New Hanover County. Motion carried unanimously. PUBI,IC HEARING - SPECIAL USE PERMIT REQUEST AND PROPOSED AT~~ivLr~NTS TO NEW IiANOVER COUNTY ZONING ORDINANCE - Chairman Harriss declared Yublic Hearing scheduled for y:30 A.M. open Y'or considera- tion of the following special use permits and proposed amendments to New Hanover County Zoning Ordinance: Applications for Special Use Permits: (Numbered as appeared in Public Notice) 3. Application for Special Use Permit to use the property at 333 Long Lea£ Acres Drive (Lot No. '134, Section 4, Long Leaf Acres Subdivision) for a home occupation (beauty shop) in a R-'15 District in Zoning Area ~b. Mr. John Sutton, Staff Planner, located the property on the County Zoning Map. Mr. Mallory stated application was heard by the Planning Commission who recommended approval subject to the following: 'I. Requirements of home occupation as Special Use Zoning Ordinance. 2. No parking in the street right-of-way in front either residential use or for the use of the h~ 3. No one outside of residence be allowed to work 4. No sign permitted outside structure. 5. Subject to plan submitted with the application as of ~me in fo listed in the County this residence for occupation. the beauty shop. r Special Use Permit. Mr. Mallory stated there may be some deed restrictions placed on this lot by the developer. The County does not en£orce or police deed restrictions. If a deed restric- tion exists that sa~s that this person cannot do it, then regardless of the issuance of the special use permit, the residents could seek a court injunction to cause the operation of this home occupation to cease. Chairman Harriss stated the Commissioners are in receipt of a petition containing 50 names in opposition to granting this special use permit. Nrs. Catherine Spencer, owner of the business, spoke displaying her license, pictures of her home, drive, etc. She stated she had no intention of enlarging or having anyone to work there besides herself. Nr. Charles Orville spoke saying he had no objections to the operation. Mr. MurphS stated he previously lived at 333 Long Leaf Acres Drive and the landlord would do nothing to it, but it has been renovated since the Spencers had purchased the property. A lady spoke saying Mrs. Spencer has done her hair £or '18 years and she has never seen more than 3 cars in her yard at any one time. Mr. Blanton, next door neighbor, stated he had nothing against the Spencers. He stated the house had been painted by the person who had bought it from the original owner, and the house was not in a run down condition when purchased by the Spencers. Mr. Blanton stated he had counted as many as £ive cars there at one time. Mr. Blanton stated he felt the petition submitted in protest speaks for itself. Mr. Harriss stated he thought the question arises as to whether this is an invasion of a completely residential community by commercial enterprise. Mr. Mallory in answering questions from Mr. Harriss stated there are no other businesses in this immediate vicinity. ~rs. Spencer spoke again saying there is a sewing shop and snap-on-tool business in the area, and Mr. Harriss stated if this is so, they are operating without special use permits. Mr. Oxenfeld stated since it was brought out the property restrictions might or might not prevent this, he ~aould move that this item be def'erred until the next regular meeting so this particular item may be checked out. Mr. Oxenfeld stated he knew the Board had no jurisdiction over deed restrictions, but he would like to see what the deed restrictions on the property indicate. Mr. Hall seconded the motion. Mr. Marks raised question of how many limits are going to be put on a family of two to supplement their income by other work in the home. Mr. rarks raised question of whether the Commissioners are afraid bf what might happen or if they are facing the facts. Mr. Harriss stated since the Board may be establishing a precedent which may be hard to live with that it may be well to defer this until further study. Vote was called on motion. It carried unanimousl~. 6. Application for Special Use Permit to use property at end of Secondary Road #`1404 at Niddle Sound for expansion of an existing marina in a R-20 District in Zoning Area #3. ~2~g Mr. Sutton located this property on the County Zoning Map pointing out this is in an R-20 District. Request is £or purpose of replacing buildin~s that will be torn down because of their deterioration. ~~~ MINUTES OF PiEETING, NOVEMBER 6, '1972 - 9:00 A.M. (CONTINUED) PUBI,IC HEARING - SPECIAL USE PERMIT REQUESTS AND PROPOSED A~E,TdDMENTS TO NEW HANOVER COTJNTY ZONING ORDINANCE (CONTINUED) - 6. (Continued) The Planning Commission recommended approval of the application, subject to the following conditions: `i. 'All outdoor lighting be deviated away from residential struc,tures. 2. Two non-illuminated signs be permitted, each not to exceed '10 square feet in area. 3. All facilities of marina use be bu£fered from adjacent residential areas with hedge or fence to attain a minimum of 6 feet in height. 4. Off-street parking be provided in accordance with County Zoning Ordinance as follows: a. 'I space per each 400 square feet of floor area in any buildin~ used ' in connection with the Marina facility. b. 'I space per every 3 rental boat slips. c. 'IO spaces to accommodate cars with trailers for launch area which shall be a minimum of 32 feet in length. 5. No outside storage or display of inerchandise or equipment. 6. Any building constructed of materials not conforming to those of noruial residential structures (wood, brick, asbestos, horizontal aluminum siding) shall be screened with plantings or hedge from all directions. ~, The height of any buildin~s shall be linited to that of the nearest resi- dential structure. 8. No structures shall be constructed beyond mean high water mark other . than open pier and dock facilities - the height of these not to exceed 6 feet above mean high water mark. 9. Construction be in accordance with plans as approved and expansion of any portion of the facility other than indicated on the plan will require addi- tional approval. `Mr. Sutton stated the petitioner had submitted these plans, and after reviewing them the Planning Department feels they are in accordance with the recommendations of the Planning Commission. Mr. Harriss questioned Mr. Sutton on the access. Mr. Sutton stated insofar as they lrnew the sixty-foot right-of-way indicated on ma~ included with the application is a public right- of-way. Mr. Sutton stated they did not have a recorded map. The petitioner has indicated to the Planning Department a:t is a public right-o£-way. Mr. Harriss asked Mr. Mallory if it would have made any difference in the recommendation of the Planning Board if it had been found the access road was not a dedicated public road. Mr. Mallory stated it very possibly could have.. Nr. Norman Phillips spoke saying he worked for Mr. Canaday, who owns Canaday's Yaught Basin. He nas had a work shop there for the past year. They have a problem; they cannot get insurance because of the badly d.eteriorated buildings. Mr. Phillips stated they are not expanding but only trying to build a new building that will be insurable. Mr. Phillips stated Mason Drive, indicated on~map, is a 60-foot right-df-way that is recorded in the deed to Mr. Canaday's Yaught Basin. The access to this propert,y is from that road. Mr. Phillips stated road is a continuation of State Road '1404. Mr. John A. Stevens, Attorney, appeared in opposition to the application. Mr. Stevens stated upon examination of the records he finds Mr. Phillips contemplates, under a purchase agreement, for which he has agreed to pay $20,000 for the property, to build a marine rail- way. This was recorded on October 2, '19'72, Book 950, Page 8'79. In regard to the property itself, the Blantons, whom he represents, own Oak Avenue and it was declared to be so by Judge Plalcom Paul, Judgment Book 43, Judgment No. 8355. Defendants were Nasons, Blantons, Broadfoots, and several othe.rs. Judge Paul found the North Carolina State Highway Commission has no title to or makes any claim to any part of Oak Avenue involved in the action nor do they maintain any part thereof. No proceedings have been had creating Oak Avenue a public road or exercise any dominion or control over this portion of Oak Avenue. Oak Avenue and Oak Zandii~ :were constructed and have been solely maintained by the oviners of said lands abutting thereto. Mr. Stevens stated petitioner is tx~ring to take property that belongs to other people. Mr. Stevens stated he did not feel he had a right to come in and take Dr. Blanton's home; what he wants is to come within a few feet of his bedroom. Mr. Stevens stated Oak Avenue is only 30 feet wide and. it cannot be used as a public drive way, because it would ruin all the property these people, who want to live in peace and quiet, have ac- quired. Mr. Stevens stated all deeds since 'i932 have stipulated Oak Avenue and Oak Landing would be private. Mr. Phillips spoke again saying he had been deeded an access across Mr. Canaday's property down to the area he is leasing from Mr. Canaday for five years with an option to purchase at the end of five years at an agreed price. Mr. Phillips stated he had in no way indicated an access to Oak Avenue and fully appreciates and realizes how Oak Avenue is deeded, in all o£ the deeds. The proposed road will ~o out to Mason Drive, which has a 60-foot ri$ht-of- way. This is a 20 foot access granted to Mr. Phillips by Mr. Canaday in this same a~reement Mr. Stevens referred to. Mr. Phillips stated a monorail is what is proposed, not a marine railwav. This is a lift to lift an outboard motor or such off of a boat into the shop. There is a...mono~ail in the build.ing he is occupying now which is.being used for this purpose now. The same operation is planned for the future. MINUTES OF MEETING, NOVENIDER 6, ~972 - 9:0o a.M. (CONTINUED) PUBLIC HEARING - SPECIAZ USE PERMIT REQUESTS AND PROPOSED AMENDPIENTS TO NEW HAnTOVER COUNTY ZONING ORDINAIJCE (CONTINUED) - 6. (Continued) Nr. Phillips stated he had discussed plans for improvement with Mrs. Blanton and that he plans a large cedar buffer betvreen his business and the Blanton property. The proposed building will not be visible to the Blanton Home. Mr. Jack Walker and another ~entlemen spoke in opposition to the granting of the special use permit. Mrs. Phillips spoke in favor of granting the special use permit pointing out two other marina operators were granted special use permits. Mr. Mallory stated Mr. Harrelson had been issued a special use permit but Mr. Johnson was in the phase of construction at the time the area was zoned, and he was assured he could finish construction which had begun. If he should do any other enlargements~ he would have to get a special use permit to do so. Mr. Williams suggested since there seems to be some question as to exactly what is proposed here in the minds of some of the people involved, it might be well for them to get together and see if something can be worked out that all of them can be happy with rather than take action this mornir~. Mr. Mallory stated a nember of his Planning ,~taff will be happy to meet with them. Mr. Hall moved, seconded by Mr. Williams, action be deferred until next meetin~ of the Board. Notion carried unanimously. Mr. Fox stated the question of their respective property rights in any easement of roadways, ownership of marsh lands, etc. is a question of private rights and is a civil matter not pertinent to the zoning of the property itself. Vote was called on motion. It carried unanimously. Public Hearing was recessed at this time. DISCUSSION OF BUILDING HYPERBARIC COMPLEX - Mr. Harriss introd_uced Captain Arthur Jordan of Cape Fear Technical Institute to the Board. Captain Jordan stated the Federal Government is financing a joint project undertaken by Cape Fear Tech and the entire scientific community in North Carolina, the University of North Carolina at Wilmington, Dr. Brauer's Laboratory at Wrightsville Beach, University of North Carolina,at Chapel Hill, UNC-State, Duke University, and East Carolina. It involves a habitat project off the coast of North Carolina. These are underwater houses, structures that will be laid. on the bottom of the ocean, and scientific experiments will be conducted from them. Captain Jordan stated the reason they feel it is so important to New Hanover County is the site of the initial phase of the project is going to be the artificial reef that is three miles off the Blockade Runner, and the project is to inspect and research the reef that is out there now to determine whether it is feasible to expand the reef. Captain Jordan stated it was their feeling these reefs will be paralleling the entire Coast of North Carolina. These ree£s create a whole new habitat for fish which means more fish £or sports- men, more fish and better opportunities for commercial fishermen, marinas will do a better busi- ness, hotels will do a better business, stores will do a better business, etc. This will be funded entirely by the Fed.eral Government. Captain Jordan stated they have one habitat now and another one is being sent down. Captain Jordan stated besides studying reefs, methods of trapping fish will also be studied and also they will have some fish corrals which will be the first for North Carolina. Captain Jordan stated the project will bring a lot of publicity to Wilmington and a lot of new money. One thing they hope to accomplish is a better way of communicating with divers underneath. Captain Jordan stated they intendec3 to have Meares Harriss as their Safety Diving Officer and will also have a medical officer. A barge will tie used having all eouipment necessary to sustain life for the habitat. There will be a decompression chamber so when the divers are brought up they can be~decom- pressed. There will be all the aw~iliary equipment for power and living quarters for the safety of divers, etc. There will be television communication between the surface and bottom and there will be small craft going between the site and Harbour House and the Labora- tory at Wrightsville Beach. The project is expected to be started this summer. Number of students involved will be in the thousands. This is an all North Carolina Project. Chairman Harriss read letter dated November 3, 'l0'72, from Dr. Ralph W. Brauer, Director, 4Jrightsville Marine Bio-Medical Zaboratory, which is an arm of the University of North Carolina, Wilmington. Dr. Brauer stated Dr. H. William Gillen, a neurologist and a Submarine Medical Officer, will come to Wilmington about February 'I, ~g73, to join his staff in the capacity of Director oY Human Physiolog~ Laboratory of the Department of Marine Bio-Medical Research. Until such time as Dr. Gillen can be offered a fitting remuneration, he orill be working substantially as a volunteer associate. Dr. Brauer stated in order to make Dr. Gillen an effective component of the human pYiysiology assembly he would like very much to erect an office £or Dr. Gillen in the general vicinity of the hi~h pressure assembly which he had been informed could be done for approximately $5,000 by e~cpansion of the existent building, and at the same time provide minor shelter to cover. and protect the compressor assembly. Dr. Brauer stated the possibility of installing a helicopter pad near this facility to further enhance its usefulness. Chairman Harriss stated in connection with the project that Captain Jordan had just discussed, this is an absolute necessity. Mr. Harriss stated having Dr. Gillen on the staff of the Bio-Medical Zab and the completion of the Recompression facility will furnish the components needed to have a full scale program o£ the type Captain Jordan discussed. Mr. Harriss stated in addition to this the helicopter pad would permit rapid transportation from along the coast for any divers involved in accidents. Heretofore, they have had to go as far as Duke which means gettin~ a helicopter from Cherry Point down to the site then to Duke. In treating diving accidents time is of the essence. Mr. Harriss recommended that the Commissioners appropriate 9b5,000 from non-tax revenue to implement construction of an of£ice to house Dr. Gillen and in further support of Board's policy already established £or supporting this facility. 2~`°~r~INUTES OF MEETING, NOVEMBER 6, ~97~ - 9:0o A.P1. (CONTINUED) DISCUSSION OF BUILDING HYPERBARIC CU1`~iPLEX (CONTINUED) - Mr. Fox asked who would oxm the building. Mr. Harriss stated it would belong to the University of North Carolina-Wilmin~ton. Mr. Marks stated he was reluctant to taYe a position on a matter of this importance which has just been pr.esented without any advance information or. advance study and would look with favor on deferring action cn this until the Commissioners have had a chance to get something specific on the building. Mr. Harriss stated it would be a metal building, it would cost Y65,000, location Urill be at Bio-Medical I,aboratory. Mr. Fox stated building going on Bio-Medical Lab's property raises some question as to whether expenditure o~ill be for public purpose, and he would like to have opportunity to do a little research on this. P1r. Oxenfeld stated he understood from the readin~ of Dr. Brauer's letter, Dr. Brauer was seeking information on where funds might be available. Mr. Oxenfeld felt the Univer- sity System perhaps could fund a portion of it, and there perhaps could be other sources. Mr. Oxenfeld felt this should be checked into; it is possible the County might not be re- quired to furnish any £unds. P1r. Harriss stated Dr. Brauer had checked with Dr. Wagoner who approves the request. Mr. Harriss stated building will be used for public purpose. Also, Mr. Harriss stated property on which building will be erected belongs to the University of. North Carolina at Wilmington and the Depar.tment of Bio-Medical Lab is an arm of the Uni~ersity; Dr. Brauer's status is that of Professor at the Univer.sity of North Carolina at Wilmington. Mr. Hall moved that the Board appropriate $5,000 from non-tax revenue for this building, pending decision by the County Attorney that it is a legal expense. Motion died for lack of a second. Mr. Marks moved, seconded by Mr. Oxenfeld, that the matter be deferred until next meeting pending study by the County Attorney and £urther time for the Commissioners to investigate the matter. Motion carried unanimously. RECOMPTENDATIONS FROM AIRPORT COP1fiISSION AND PI,P.IdIQING CONiT`1ISSION REGARDING AII?PORT ZONING - Dr. C. E. Hartford, Chairman, Airport Commission, stated at public hearing, which was held on October 2, concerning proposed Airport Zoning Ordinances, the Airport Commission and Planning Comnission were requested to make a further study of the proposed Airport District and the~ study also include a consideration of the feasibility of relocating the present Air- port and making it a regional airport. Dr. Hartford stated they had discussed the feasibility of a regional airport with their consulting engineering firm, John Talbert and Associates. Mr. Talbert advised. the State is about to embark on a State-Wide Regional Airport Study, and Mr. Talbert's firm recommends that the Airport Commission defer any consid.eration of a Regional Airport £or this area until the results of the State-Wide Study are available. The Airport Commission concurs in this recommendation and it is respect£ully submitted to the Commissioners. Mr. Mallory stated in addition to the recommendation that Dr. Hart£ord just presented concerning study to be made of the area to d.etermine the feasibility of a regional airport by the State, both the Airport Commission and Planning Commission recommended that the pro- posed Airport District which would regulate the use of land around the Airport be delayed un- til the results of this study are knovm, and then reconsider the conditions that were placed within the proposed Airport Distr.ict Regulations and present them to the Commissioners at that time. Mr. Mallorr called attention to the fact the public hearing on October 2nd, was on two ordinances: ('I~} amendment to zoning text to adopt an airport district zone that would place land use controls on the land within the Airport District and (2) a proposed Neva Hanover County Airport Zoning Ordinance which is an ordinance to regulate the height of structures only. No regulation whatsoever on land use. This would be land immediately around the airport in the vici- nitv of the approach zone, the instrument approach and the non-instrument approach i~uniaay." The new?apprbabhr:would be a second prime instrument approach in the future, so the status of instru- ment runway approach was applied to this runway as well as the present runway. The two Commis- sioners are requesting the County Comu~issioners to schedule another public hearing on the New Hanover County Airport Zonin~ Ordinance that would restrict the height of structures in the vicinity of the airport and in the approach zone. This will be a revision of an existing or- dinance that the County has ~•rhich was enacted in ~96'I. However, since '196'I the standards of FAA have changed. This ordinance and the map prepared is based on the current standards of the FA.A. Mr. Mallory stat;ed Mr. Glestbrooy has said the FAA does approve the approaches of the air- port, and that one of the primary ways that the airport can continue to maintain an approved approach to the airport is through an instrument such as this. This would be an updating of an existing ordinance, and if adopted, the existing ordinance which is based on old standard.s should be revoked. Discussion was held on date of public hearing. Mr. Oxenfeld moved, seconded by Mr. Hall, that the Fublic Hearing be held on December 4, '19~2, Motion carried unanimously. rr. Williams requested the Planning Commission Staff in addition to the ordinance which they will propose, they explain in layman's terms, if possible, what the County is tr5~in~ to do. In the proposed ordinances at the last meeting there were phrases that some did not under- stand. Mr. Williams suggested a memo be gotten out stating just what is proposed., how it is going to affect the airport, and how it is going to affect the property owners who are involved. Mr. Williams further suggested copies be mailed to the new incoming commissioners. Mr. Oxenfeld moved, seconded. by Mr. Hall, that recommendation to defer the study on the feasibility of relocating the present airport and adoption of Airport District Zone be accepted. Notion carried unanimously. Meeting recessed at 'I'I:00 A.M. Meeting reconvened at :I~:'10 A.M. BID Or~iv1NG - VEHICLES~ SHERIFF'S DEPARTMENT - Mr. Bowden presented following bids on vehicles for the Sheriff's Department: MINUTES OF MEETING, NOVEMBER 6, ~972 - 9:0o n.M. (CONTINUED) BID OPENING - VEHICLES, SHERIFF'S DEPARTMENT (CONTINUED) - ('I) D & E Car Exchan~e - Bid Bond Check was received in amount of 9b'1,030.00 Amount of Bid was $22,089.29, not including N. C. Sales Tax, less $'1,500 £or trade-in as set out in specifications, ~20,589.29. Bid covers five vehicles and one alternate Wagon Type Vehicle Delivery 60-00 days (2) Port Cit.y Chr.ysler Pl.ymouth, Inc. Bid Bond Check in amount of $895.'IO was received Amount of Bid was $'1~,4'15.90, less trade-ins $4,000 - $'13,4'15.~j0, plus Sales Tax of 4b348.32. Special Paint Required $40.per unit Credit to delete spot lights 9b26.55 per unit Bid covers 5 vehicles ('19'73 Plymouths - Model PK 4'14'I ) Delivery 40-60 days Alternate Bid - GMC Model Truck $4,486.00, olus Sales Tax $89.72 Delivery 60-'120 days 2~e~ Mr. Oxenfeld moved, seconded by Mr. Marks, that bids be referred to Mr. Bovrden so that he might confer with Sheriff Millis for evaluation and recommendations. Motion carried unanimous- iy. By common consent it was agreed to request that the County Manager be furnished with copy of specifications in connection with all bids to be opened in the future. PUBLIC HEARING - SPECIAL USE PERMIT REQUESTS AND PROPOSED AMENDMENTS TO NEW HANOVER ZONING ORDINANCE (RECOPNENED~ - Chairman Harriss reconvened the Fublic Hearing for consideration of the following special use permits and proposed amendments to New Hanover County Zoning Ordinance: Applications for Special Use Permits: (Numbered as appeared in Public Notice) 'I. Application for Special Use Permit to use property between Riplee Drive and Spring Branch Creek on the west side of U. S. Highi~ray '132 for duplex apart- ments in a R-'15 District in Zoning Area #9A. Mr. Sutton located the property on the County Zoning Map. The Planning Commission recommends approval, subject to the following conditions: 'I. That there be no access to Highway '132 2. That a 20 foot buffer area ad.jacent to the lots along Riplee Drive be maintained by the developer where all trees exceeding 6 feet in height shall remain undisturbed , 3. A 30 foot drainage easement be dedicated alono the rear of Lots ~~3-~25 permitting no vehicular access across this easement 4. The drainage plan be approved by the County Engineer 5. Parking be provided in accordance with the County Zoning Ordinance Mr. Sutton stated reason for no access to Hiohway '132 is because of the proposed Smith Creek Thoroughfare. Mr. I,arry Rippa, Developer, spoke requesting Commissioners' approval, pointing out a portion of this area was zoned R-3 when it was under the City's jurisdiction. R-3 in the City is multi-family use, plus professional office and single family. Mr. Williams moved the special use be granted in accordance with the recommendations of the Planning Commission and the Chairman be authorized to sign. Motion carried unanimously. ~ 2. Application for Special Use Permit to use property at the northwest corner o£ the intersection of Parmele Road and N. C. Highway '132 to enlarge an existing church in a R-'15 District in Zoning Area ~BA. Mr. Sutton located site on County Zoning Map. Mr. Mallory stated the Planning Commission recommends approval, subject to the plans submitted with the application for special use permit. There were no objections. Nr. 4]illiams moved, seconded by Nr. Hall., approval of this special use permit as recom- mended by the Planning Commission, and the Chairman be authorized to sign. Motion carried unanimously. 4. Application for Special Use Permit to use property on east side of Masonboro Loop Road west of Mayberry Road. in Shamrock Village for duplex apartments in a R-'10 District in Masonboro Zoning Area. Mr, Sutton located site on the County Zoning Map. Mr, Sutton stated a special use permit had already been granted for a convenience food store. Recommendation of Planning Commission is that this be revoked. Mr. Sutton stated the Planning Commission recommends approval, subject to the following conditions: 'I. Plan of lot divisions be submitted in accordance with conditions of restric- tions of Shamrock Village 2. There be no access from this area to Masonboro Loop Road ~~~~ MINUTES OF MEETING, NOVII`1BER 6, ~9~2 - 9:00 A.N. (CONTINiTED) FUBLIC HEARING - SPECIAL USE PERMIT REQUESTS AND PROPOSED AMENDNiENTS TO NEW HANOVER COUNTY ZOPdING ORDINANCE (RECONVFNED) (CONTINtTED) - 4. (Continued) 3. Ind.icate number of units proposed 4. Provide parking in accordance with the'Zoning Ordinance 5. That the Special Use Permit issued for the Convenience Food Store be revoked 6. Subject to State and Local Health Regulations '7. Plans be revised to include the above requirements before approval by the County Commissioners Reason for revoking the special use permit for a oonvenience food store is that the owner has decided the location is not suitable. The property is owned by the same person. Mr. Bob Calder, Attorne,y, spoke in support of application for special use permit. Mr. Hall moved, seconded by Mr. Oxenfeld, that the special use permit be approved, subject to the recommendations of the Planning Commission, and the Chairman be authorized to sign when the developer has revised his plans. Motion carried unanimously. 5. Application for Special Use Permit to use property on the south side of Wrightsville Avenue at the intersection of Wrightsville Avenue and Dixie Avenue for a kindergarten and/or nursery in a R-'15 District in Zoning Area #9B• Mr. Mallory pointed out property in question on the County Zoning Map. The Planning Commission recommends special use permit be issued, subject to the following: 'I. Plans submitted with the application 2. Sign is to be 'IO feet from street right-of-~aay and is subject to a maximum size of '10 square feet and 6 feet in height 3. Outside play area be fenced 4. Off-street drop-off and pick-up area be provided 5. Off-street parking area be included on the plan and parking be provided in accordance with the County Zoning Ordinance . 6. Subject to State and Local health regulations ~. Plans be revised to include above requirements prior to approval by the County Commissioners Mr. Mallory stated plans have been revised since they have been to the Planning Commission and everything is in order. No one present wished to be heard. ~r. Oxenfeld moved, seconded by Mr. Hall, that the special use permit be approved subject to the recommendations of the Planning Commission. Motion carried unanimously. '7. Application for Special Use Permit to use property on east side of Military Cutoff Road (S.R, '1409) between East Westwood Drive and S.R. '14'7'I for public utilit~ storage yard and office in a R-'15 District in Zoning Area #3• Mr. Mallory stated the Planning Commission recommends approval subject to the following conditions: 'I. There should be a maximum of one access point to Military Highway, however, if a second access point is required, there should be a minimum distance of 800 feet between said access points 2. A 30 £oot buffer area around entire tract be reserved where no existing trees exceeding 6 feet in height shall be disturbed, and construction within this area prohibited. 3. Only one sign permitted on premisesthat is visible from any public right-of- way. This sign shall have no illumination and shall not exceed ten square feet in area and maximum height of sign to be eight feet 4. Height of any structure on premisesshall not exceed 25 feet 5. No outside storage of equipment or vehicles - must be enclosed in fence or structure 6. Off-street parking provided in accordance ~vith Zoning Ordinance ~. All outdoor lighting shall be directed away from any public street right-of-way and any adjacent residential zones Mr. Jack Perdue represented CP&L in support of application. , Mr. Mallory stated there is another requirement that should have been on the Special Use Permit; (8) Planning Commission should have a set of revised plans prior to issuance of any building permits. Mr. Oxenfeld moved, seconded by Mr. Hall, special use permit be granted in accordance with the recommendations of the Planning Commission, and the Chai'rman be authorized to sign. Motion carried unanimously. MIN[TTES OF MEETING, NOVII`1BER 6, ~972 - 9:0o a.M. (CONTINUED) PUBI,IC HEARING - SPECIAL USE PERMIT REQUESTS AND PROPOSED I~MENDMENTS TO NEW HANOVER COUNTY ZONING ORDINANCE (RECONU~iu~;u) (CONTINUED) 8. Application for Special Use Permit to use property at 562'7 Oleander Drive for a field construction office in a B-2 (Business District) in Zoning Area #9B. Mr. Mallory stated this application £or special use permit is to have a construction of£ice during the time o£ construction of facilities. The Planning Commission recommends the special use permit be approved, subject to ('I) maps submitted with the application and (2) that the requirements of the County Zoning Ordinance pertaining to such uses be met which means prior to occupancy of buildings that are being constructed that the temporary office facilities would have to vacate premises. Mr. Harriss stated there are a number of trucks and a temporary structure presently on the site. Mr. Mallory stated they moved on first, probably not realizing it was necessary to have a special use permit. PZr. P1a11ory stated electric power was denied these people and they could stay on this:property until action by the Board on the special use permit. Mr. Harriss stated he was getting perturbed by~ people going in and then asking for permits for what had already been done. Mr. Mallory stated this was an enforcement problem and this was the decision of the Building Inspector. The Planning Department and Planning Commission pro- cessed it as if request had been received with no one there. Mr. Williams asked Mr. Mallory if they had not moved the office on the property in ad- vance of ineeting the legal requirements, would the Planning Denartment have made the same recommendation as made today. Mr. Mallory stated "Yes" they would have. Mr. Harriss asked Mr. Mallory if he was aware of the large number of earth moving equip- ment being stored on this property. Mr. Mallory stated the ordinance does not relate to any vehicles; this orould be subject to interpretation of enforcement as to what the Building In- spector does to make him move the equipment, but as far as the office is concerned this icould be permitted. After further discussion concerning the Williams moved, seconded by Nr. Hall, action and/or Building Inspector can get answers to carried unanimously. storage of equipment on the property, Mr. be deferred until the Planning Department the questions that have been raised. Motion Pronosed Amendments to New Hanover CountY Zonine Ordinance: 'I. Amend Article V, by adding Section 59•~, Office and Institutional District. 2~~ Mr. Mallory stated purpose of amendment is to establish another zoning district that the Planning Department and Commission feel is desirable to serve in many cases as a buffer between different types of uses. For example, between a shopping area and single family area. This would,be a very good transitional land use area between the commercial area and the single family area. The usages that would be permitted would be hospitals, clinics, nursing homes, care homes, and/or convalescent homes, etc. After discussion, Mr. Williams moved, seconded by Mr. Hall, the staff of the Plannin~ Commission consider and report back to the Commissioners at the next meeting on the feasibility of including a provision in this ordinance that would permit construction and/or repairs, al- teration or addition to existing residences. Motion carried unanimously. Amendment Returned to the Planning Department by the County Commissioners at their Meetint~ of October '16, '19~2: Amend Article VII, Section 73-3 by adding the following: The following change was recommended on October '16th: (4) A'10'/o reduction in total non-buildable lot area is permitted if the development proviaes an on-site community recreation building (minimum floor area to be 800 square feet) Mr, Mallory stated the Commissioners requested the Planning Board to take back amendment and come back with a different formula as to how much square footage the community recreation building would have to have in order to have a reduction of non-buildable lot space. The amendment now reads: (4) A'10% reduction in total non-buildable lot area is permi.tted if the development provides on-site community recreation building or buildings containing ~0 square feet oi floor area for each apartment within the development with a minimum floor area of '1000 square feet. Mr. Williams moved, seconded by Mr. Oxenfeld, approval of amendment as proposed. Motion carried unanimously. Mr. Harriss declared public hearing closed; SUBDIVISION PLATS. SECTIONS 'I'I, '12 and '13 - FIGURE 8 ISLAND - Mr. John Sutton presented plats for Sections 'I'I, 'I2 and '13 of Figure 8 Island. Mr. Sutton stated these are the last sections of proposed preliminary that needs to be finalized. The Planning Department recommends bond or other guarantee in the amount of $34,039 be submitted and this has been submitted in the form of a Cashier's Check. Mr. Mallory stated Section '15 was approved at the last meeting and bond submitted £or 2300 feet of pavement in form of Cashier's Check for $6,000. Paving has been installed and Figure 8 Island Company has requested Cashier's Check be returned, and the Planning Department recommends it be returned to them. ' The Planning Department recommends approval and the Subdivision Review Committee has approved the plats. Mr. Sutton states he and the County Engineer personally inspected the installation of the roads. They will not have to be accepted by the State Highway Commission. "°'~~ MINUTES OF P~MEE`I'ING, NOVET~TBER 6, ~972 - 9:0o A.M.. (CONTINUED) SUBDIVISION PLATS~ SECTIOPiS 'I'I, '12 and i3 - FIGURE 8 ISLAND (CONTINUED) - Mr. Sutton stated there has been some indecision as to where the County boundary is at , the north end of Figure 8 Island. Mr. Sutton located on the map orhere he and the County En~ineer think the line is. Figure 8 Island Company has submitted records saying the old inlet is lo- cated in such a manner that part of Figure 8 Island would be in Pender County. Mr. Sutton :. stated the old records of the-General Assembly show that the boundaries start at the center of the inlet and run up Futch's Creek, so there is some question as to the additional section that is to be developed on Figure 8 Island. Mr. Sutton stated Pender County does not have a Zoning Ordinance. Mr. Sutton stated one of the conditions of the preliminaxy approval was that the Planning Department ~et at least a submittal on what they propose to do when they propose to do it up there, and it stands, as far as the County Engineer and Planning -epar.tment can de- termine, anything done on that portion of the island would have to come through the Sub- division Review Committee and be approved by the Commissioners, because it is understood Pender County does not have any claim to that portion. Mr. Harriss moved, seconded by Mr. Hall, that Mr. Oxenfeld be permitted to abstrain from voting on matters pertaining to Figure 8 Island. Motion carried unanimously. Mr. Williams moved, seconded by P1r. Hall, the check in question be returned as recommend.ed by the Planning Department. Motion carried unanimously with Mr. Oxenfeld abstraining. Mr. Williams moved, seconded by Mr. Marks, approval of Subdivision Plats 'I'I, '12 and '13 o£ Fi~ure 8 Island as recommended by the Planning Commission and the Chairman be authorized to sign. Motion carried unanimously,. with Mr. Oxenfeld abstaining. SUBDIVISION PLATS, SECTIONS 3 AND 4- QUEEI~TS 1°lr. Sutton presented subdivision plats have been approved by the Subdivision Review been met. The required information has been it, and some things needed to be corrected. conditionally on these two sections, so when to sign the plat. POINT - ~f Sections 3 and 4 saying the preliminary plans Committee, but all of the~conditions have not submitted to the County Engineer who reviewed The developer has requested. the final be approved conditions are met the Chairman will be authorized Mr. Marks moved, seconded by Mr. Hall, the Chairman be authorized to sign the plat of Sections 3 and 4- Queens Point when they are cer.tified to by the County Engineer that the improvements have been installed or provided. Motion carried unanimously. COUNCIL OF ARTS PRESENTATION - Mr. Nick Evers, Director, Council of Arts, and Mr. Bob Mack, President of the Council, were present for discussion on progress of the Council of Arts which the County has previously funded in the amount of $6,000. Mr. T•Sack, who is Industrial Supervisor with Hercules, made the presentation. Mr. Mack stated this is a fund raising effort, and they are going out in the community seekin~ funds; they have applications in some foundations. They plan to appear before the City Council next week to re- ouest like amount of funds for the Arts Council. They are planning an artists' ball at Timme Plaza late in November in an effort to raise funds. Mr. Mack expressed hope that the Council will soon be self-sustaining to a large degree, if not totally; this is their goal. He cited, ' some of the expenses of. the Council; Director's salary, administrative expenses, typing, stamp- ing, etc. Mr. Mack stated he felt an effort in the community such as this requires a profession- al staff. Mr. Mack stated they are planning three shows within a few weeks. He stated the Council promised a summer program which has been delivered. He stated he felt they took a facility and developed acceptance. During a period of a little over two months,'they had '7,000 people and the Council feels it can reach 50,000 people per year. Net cost to the Council Por this summer program was $'7,000. Some shows wese £ree. Mr. P'Iack outlined programs that are planned during the next months and requested $'10,000 for period to July 'I, ~973. Mr. Mack e~pressed feeling Council ~aill relieve tensions in the community; by getting people involved. The organization has built up to about 85 people and a membership drive is going to be conducted. They hope to get to the point arhere they will have from 300 to 400 people in- volved in the organization. Mr. Mack stated programs he has outlined can cost up to $68,000 for the year, or it can be as little as $20,000. It depends on what the Council can afford to do. r1r. Hall stated they have proved to him there is an interest in this community for a program such as this, and Mr. Oxenfeld expressed the same feeling. Programs will be held in the Sarah Kenan Memorial Hall during the winter. Poetry readin~s will be in churbhes. P1r. P1ack stated the Cit3~ will be requested to fund them in the amount of $'10,000 also. Mr. 4lilliams stated Mr. Mack and all the other workers should be commended for the hard work they have done. Mr. Evers pointed out the City furnished in-kind services to match the ~6,000 from the County. Mr. Harriss stated he felt it Vras the feeling of the Commissioners that this should not be supported solely b,y the County. Mr. MarkS~stated,~it could be looked upon with favor but suggested the Board hear from the County Auditor as to what funds are available in non-tax funds and furnish answer at a later date after also conferring with the City authorities. By common consent matter was deferred until next meeting of the Commissioners. Mr, Hall asked P~. Mack how they iJOUld be a£fected by deferring this matter £or two weeks. Pir. Evers stated they would have to put out about $350 for performing fees within the next day or two. Mr. Evers stated this is the only thing that is really "on their back". . NINUTES OF MEETING, NOVIInBER 6, ~972 - 9:0o a.M. (CONTINUED) COUNCIL OF ARTS PRESENTATION (CONTINUED) - Mr. Hall moved, seconded by Mr. Oxenfeld, the Board appropriate £rom non-tax funds amount of ~'I,000 now, with additional funds to be appropriated when the availability of them is de- termined and subject to participation of the City. Motion carried unanimously. STATUS OF TAX RATE OVER PAST FEW YEARS - Mr. Harriss stated he would like to answer a question a friend of his had asked concerning status of the tax rate ~rithin the past few years and the following information was obtained which shows what has happened. Mr, Harriss stated he felt frankly the comment which is implicit concernir~ the,tax rate is that the performance of the Count~ has been fairly stable. Mr. Harriss gave the £ollovring figures: In '1964 on a 5(Y~ valuation tax ratio rate was ~'1.45. In '1965 tax rate increased 'I'7 cents, rahich was the sharpest increase in many years, bringing tax rate to $'I.62. In 'I°r6~ it was reduced to $'1.55, in '1968 it oaas reduced to $'1.50. In ~959 it was increased to $6'1.62 be- cause reduction in '1968 was occasioned by borrowing against bonded indebtedness. In '19'70 tax rate was reduced to ~'I.58 and in '197~ ratio i,ras changed from 50'% to 'IOCY~ and tax rate was halved with result taxes were exactly the same; 79 cents and in '19']2 the same ratio was maintained and same tax rate of 79 cents. ~r. Harriss stated particularly to members of the news media that there is freq_uently confusion about some of the things that happen in the processes of government which the news media could be instrumental in helping to correct. One has been the constantly repeated fiction that the Auditor contFOls the spending of the County's funds. This is not so; the Auditor simply expends the funds as directed by the County Coc~missioners. The budget is set by the County Commissioners who receive recommendations from the Auditor. Therefore, it makes no difference r.eally whether the Auditor is elected or appointed. The County Commissioners control the funds of the County and this has always been so. Any imputation that the County Commissioners might be more in control of the funds if the Auditor is appointed is, there- fore, invalid because they control them anyhow and always have '100'/0. Mr. Harriss stated one other statistic he felt is going to be startling to many people in lJilmington is that starting in ~965, tiahich is the first year for tiahich he has the figures, the valuation of the County was ~~g9,72'1,4'12. This has grown steadily over the years. Obviously, when the 'I0~/ ratio was applied that doubled the tax base valuation to give the first true inflication where the County actually stood in values in this County. In '19']'I the County stood at $'7'16,882,000. Mr. Harriss stated if for '1965 you doubled the valuation, you would have ~3gg,442,824 as against valuation six years later of $~'16,882,000. In '19']2 the valuation is y$'7~9,000,000 which is a tremendous increase; about an $80,000,000 increase over '19'7'I. Mr. Harriss stated this indicates r~hat is going on in New Hanover County, and it is e~ected to be 9b800,000,000 when budget is prepared in ~973• The County will at that time be able to do many things within the tax structure. REQUEST TO PAY TAXES BY PARTIAI, PAYM~NTS - Inr. Larry Powell, Tax Administrator, and Mr. John Schiller, Tax Attorney, came before the Board with P1r. Gaines who is requesting he be permitted to pay his taxes by partial pay- ments. Mr. Powell stated judgement had been filed and the only way to clear these taxes would be by full payment. They are '1957-7~ taxes, plus street assessments oS $352.80, totaling $2,623.00 that the County has foreclosed for. P1r. Powell stated the,Tax Attorney has stated once a judgement has been filed, the only pa~ment the County can accept is full payment, and Mr. Gaines says he is unable to pay in full and is afraid he is going to lose his property because of this. Mr. Gaines says it is not only his property he will lose but his dry cleaning business, his only livelihood; secondly, he became involved in the property only two years ago. He stated he offered last March to Mrs. Straughn a check for ~500 and $'100 per month until the balance was naid off, but Mrs. Straugnn refused to accept the pay- ment. Nr. Schiller stated the new law made July 'I, '1972 bars all taxes over ten years old. It creates a state-wide statute of limitation, hoiaever, if the Taxing Authority could reduce its claim to judgement before July 'I, '1972 the County has not lost those taxes. In other words, i£ there were a judgement on the books prior to the time the stztute of limitations became effective, the County would not lose the taxes. Mr. Schiller stated he and the Tax Department "moved heaven and earth" prior to July 'I, ~972 to reduce all of these old claims to judgements so the taxes over ten years old would not have to be writt.en.o£~ This is the problem in this case. The law provides a judgement can be cancelled anytime if paid in full before property is sold, but there is no provision £or partial pa~ments on a judgement. Mr. Schiller stated there are two ways to go on this. If the County cancels the judge- ment on Mr. Gaines' assurance that he will pay all of these taxes, and maybe for some reason, not even his fault, he did not, when the County got ready to docket a new judgement on him as of this date the County would have to write off all of the taxes over ten years old. Mr. Harriss asked if he paid off all of the taxes over ten years old, could the County cancel the judgement. Nr. Schiller stated this could be done. After further discussion, Mr. Williams moved, seconded by Mr. Marks, that the judgement be cancelled after the payment of taxes up through '1963, with a limit of four months for pay- ment of those taxes, and the workin~ out of a satisfactory arrangement for the payment of the balance of past due taxes. Notion carried unanimously. OUTSIDE AUDITOR'S BIZL FOR AUDIT OF COUNTY'S BOOgS - Mr. Bowden presented statement from Cherry Bekaert and Holland for the audit of the County's books for fiscal year endin6 June 30, '1972 in amount of $9,263.50. Mr. Bowden recommended payment of bill, subject to approval by the Local Government Commission. It was pointed out 569500 was appropriated in the budget for this item. Mr. Marks stated he thought this firm had done an excellent job and recalled this is approximately 50'~ of iahat it was done for two years ago by another firm, and he is personally vrell pleased with it. Mr. Marks moved, seconded by Mr. Oxenfeld, approval of payment, subject to approval by the Local Government Commission. Motion carried unanimously. ~~~ N't~NUTES OF MEETING, NOVEMBER 6, ~972 - 9:0o n.M. (CONTINUED) DATE OF NEXT REGUI~AR MEETING - Mr. Bowden suogested second meeting for November, November 20th, be re"scheduled for Tuesday, November 2'Ist, in order to allow for public hearings necessitated by the Lower Cape Fear Water and Sewer Authority in the other counties on that ~onday. After these public hearings, this Board will have to take action. The Zower Cape Fear Water and Sewer Authority is now being restructured according to population in the surrounding counties, and the Board has received a resignation as a result of that resolution. If regular meeting is changed to Tuesday, it will eliminate having to have a special meeting. After discussion, it was agreed to adhere to regular schedule for second meeting in November, November 20th, and hold special meeting in connection with the Lower Cape Fear Water and Sewer Authority on 4lednesday, November 22nd at 5:00 P.M. Mr. Williams moved, seconded by I'r1r. Oxenfeld, Mr. Cameron's resignation from the I,ower Cape Fear Water and. Sewer Authorit,y be accepted, aid letter of appreciation be written Nr. Cameron for his services. Motion carried unanimously. REVENUE SHARING - Mr, Marks su~gested money received from Revenue Sharing be placed in the North Carolina National Bank because for sometime the County has had no money deposited with them. P1r. Marks felt the Countv should share with the banks. Mr. Hall stated he felt the County should receive interest from the first day and stated another bank here had the same problem about no County funds being deposited with them. Mr. Hall approached the Auditor on this, and the Auditor informed him it was a matter of bids; the bank paying more interest receives County's business. P1r. Hall stated if this is law and the interest rates vary appreciably, then it might be the County ~aill have to conform with this. Mr. Hall stated if the interest is the same, he felt it shou].d be divided. Mr. Marks requested it be put in the North Carolina National Bank until the County decides how to invest it. Mr. Msrks stated he felt the County owes them some patronage. The Chairman asked that Mr. Marks' remarks be noted and considered when the matter of these funds is being contemplated. Mr. Williams stated he agreed as long as the interest there will be as good as at any other bank. POLITICAL Mr. Marks stated there is currently running an advertisement on one of the radio stations "Count,y Democrats have doubled your tax rate, etc., etc., and under the Republicans you had four years of solid progress with no raises in taxes." Mr. Marks stated he could not let that ~o unchallenged amd woitld like for the record to show, and for any other use there might be, he remembered the year he came in office, December, '1968, the tax rate was $1.50, based on 5~b ratio, and it was raised to ~'I.62 the first year the Democrats vaere in due to fact of deficit financing by the prior administration in that they issued bonds equivalent to 'J cents onthe tax rate in order to reduce the tax rate by 5 cents. The Democratic Board had to make that up because there ti•ras de£icient financing. The Democrats went on a cash basis. This :- tax rate of $~.62 was later reduced to $'1.58, and it has not increased since that time at all. Mr. MarYs stated ~aith regard to Republican's statement for four years they did not raise taxes, he had a clipping, dated July 27,.~g55, from the newspaper: "County Tax Rate Raised 'I'7 cents per ~'100. Board Chairman Joseph W. Hooper, a first term Commissioner, was quick to rush to the defense of the tax incr.ease of 'I'7 cents." PTr. Marks stated_ the current ad going on the radio station i;s "No raise in taxes for four years". Mr. Marks stated this is hereby denied. CLARIFICATION OF IIJITIALS OF AGENCIES - Mr. Hall requested initials of all agencies referred to be spelled out, so it will be clear what the agencies are. Mr. Hall requested this request be gotten out to a1.7. concerned. ADJOURPII~NT - There ~being no further business to come before the Board, Mr.. Williams moved, seconded by Mr. Hall, the meeting adjourn. Motion carried unanimously. Respectfully submitted, Hazel Savage Clerk to the Board hs/wg MINUTES OF MEETING, NOVEMBER 20~ ~972 - 9~0o A.M. ASSEMBI,Y - The regular semi-monthly meeting of the New Hanover County Commiss.ioners was held on the above date and time in the Commission Building with the following present: Chairman, Meares Harriss, Jr., Vice-Chairman Berry A. Willians, Commissioners J. M. Hall, Jr., H. A. Marks, John R. Oxenfeld; County Attorr_ey James C. Fox; County Manager I,aurence 0. Bowden; and Hazel Savage, Clerk to the Board. , INVOCATI~N - Chairman Harriss called the meeting to order and asked Rev. J. D. Herchenhahn, Pastor, Grace Baptist Church, to give the invocation.