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1971-02-01 Regular Meeting5~Q MINUTES OF THE MEETING JANUARY 18, 1971 (CONTINUED) - RE9UEST FOR FUNDS FOR LAW LIBRARY - Mr. Bowden presented request of James T. Stroud, Jr., on behalf of the New Hanover County I,aw Library for amount o£ $2,000 to be placed into the Law I,ibrary account. Mr. Stroud advised he has been serving as the Law Librarian since October o£ t12is year and was immediately faced with the fact that many bills, some o£ which dated back to 1968, were unpa-id and overdue. After considerable time spent in going through invoices and communication with publishing companies as of December lst the library accounts were financially current, but the library account of $4,000 has been reduced to $329.16, and this will not be adeguate in order to keep the accounts current through this fiscal year. Mr. Hall moved, seconded by Mr. Williams, that the appropriation be made, funds to come from the Court Facilities Fees. Mr. Harriss stated he felt the Law Librarian should be thanked for straightenin~ out the accounts. Vote was called on motion. It carried unanimously. I,ETTER FROM WILMINGTON PORT AND WATERWAY COl`~`1ISSION - Mr. Bowden called attention to letter from Col. George W. Gillette, Chairman, Wilmington Port and Waterway Commission, copy of which had been furnished the Commissioners. This letter concerned proposed zoning of Area 4. TAg RAT20 - Mr. Bowden advised the Board he has received several complaints and one petition concerning the tax ratio which would be available in the office for their viewing. MUTUAI, ASSISTANCE IN I,AW ENFORCEMENT - Mr. Bowden pointed out that he had recommended adoption of a resolution o£ agreement in mutual assistance and law enforcement between the County and any/all municipalities therein after the municipalities indicate an interest. Mr. Harriss stated he felt it would be well for the governing body £or the whole county to sponsor a proposal that the various law enforcement bodies in the county ~oin together. Mr. Fox suggested Mr. Bowden contact these bodies to see if they will go along with the proposal, advising them the county wishes to do it. Mr. Hall moved, seconded by Mr. Williams, that the Chairman be authorized and directed to contact municipalities within the County to encourage the adoption of this particular procedure. Motion carried unanimously. CONUERSION OF BAI,L DIAMOND - HUGH MACRAE PARg - Mr. Bowden requested approval £or conversion o£ Ball Diamond at Hugh MacRae Park for the Winter Park Optimist Club. The thing involved is taking the two practice fields in and making one. - Mr. Hall moved, seconded by Mr. Marks, that the Board assure the Winter Park Optimist Club that they have permission of the Board to proceed as outlined by the County Administrator at no cost to the County and that the MacEae Family be advised as a matter of courtesy. Motion carried ~~^~rimously. NATIONAL A,SSOCIATION OF COUNTIES MEETIlVG ON CONSOLIDATION IN BATON ROIIGE, LA. AND JACgSONVILLE, FLA. F'EBRUARY 1-5 - Mr. Sowden reminded the Board of ineetings on consolidation in Baton Rouge, La. and Jacksonville, Fla. on February 1-5. He advised Mr. Ti.m Wood is going to attend and it would be very informative i£ any of the Commissioners could attend. ADJOURNMENT - There being no further business to come before the Board, Mr. Marks moved, seconded by Mr. Harriss, that the meeting adjourn. Motion carried unanimously. Respectflxlly subm:itted, Hazel Savage Clerk to the Board H,S/pb MINUTES OF THE MEETING-FEBRUARY 1. 1971-9:00 A. M. - ASSEMBLY - The regular semi-monthly meeting of the New Hanover County Board of Commissioners was held on the above date and time in the Commission Building with the following present: Chair- man Meares Harriss, Jr., Vice-Chairman Berry A. Williams, Commissioners-J. M. Hall, Jr., H. A. Marks, John R. Oxenfeld; County Attorney James C. Fox, County Administrator Laurence 0. Bowden; and Hazel Savage, Clerk to the Board. County Auditor Perry Shepard was absent due to illness. INVOCATION - ' Chairman Harriss called the meeting to order and asked Rev. E. L. Small, Rector, Church of the Good Shepherd, to give the invocation. , APPROVAL OF MINUTES - Chairman Harriss requested the following changes to the minutes of January 18, 19']1: 5'71 ' MINUTES OF THE MEETING - FEBRUARY 1, 1971 - CONTINUED - APPROVAZ OF MINtTTES - CONTINUED - On Page 5, sixth paragraph, first sentence should read: "Mr. Marks said he took strong exception to statements made about H. A. Marks and others ...". On Page '], under heading "A. B. C. Distribution", second sentence should read: "Mr. Har- riss stated that according to his figures gross sales before taxes are about $4,200,000 ...". Following these corrections, Mr. Oxenfeld moved, seconded by Mr. Marks, that the minutes be approved. Motion carried unanimously. TAX COLLECTOR'S REPORT - Mr. Sam Johnson, Tax Collector, presented report on taxes collected for month of January, 19'71 as follows: Total taxes on books for 19']0 amounted to $5,213,257.54 less collections $4,440,140.55, leaving balance due $~'73,116.99. Back real estate taxes collected through January amounted to $88,923.01 leaving balance due of $342,189.42. Delinquent personal pro- perty taxes collected through January amounted to $18,143.62. ' Mr. Williams inquired as to what steps are being taken to enforce collection of delinquent personal property and real estate taxes. Mr. Johnson stated foreclosures are being made on real property; two coming up this month and one back in December. County is averagin~ one or two per month. Garnishees will begin this month for personal property taxes. Chairman Harriss asked how many parcels of property or tax payers are there in the $342,189.42 back taxes due. Mr. J.ohnson stated between 3,500 and 4,000. Mr. Harriss expressed feeling County is behind in collections if there are only one or two foreclosures per month. Mr. Johnson advised foreclosures are complicated and expensive. Chairman Harriss stated this points up need for specialized legal assistance in this matter. ' Mr. Williams expressed feeling a concerted effort should be put forth in this area and the public in general be made aware of the fact that the County means business; that the County intends to collect delinquent taxes. Mr. Williams stated there is a principle involved; and he feels every man should pay his fair share of taxes. Chairman Harriss stated this is a matter for the County Administrator to take under serious advisement and give the Board some recommendations as soon as possible. By common consent this was agreed to. Mr. Johnson's report was accepted. C P & I, EASEMENT - Mr. Bowden presented easement which the Carolina Power and Light Company had submitted with reference to underground power cables at New Hanover Memorial $ospital. Mr. Bowden stated the easement had been reviewed by Mr. Fox who states "While this easement is not described by metes and bounds, and with such particularity as might be desired, I believe it is perfectly adequate and that it clearly indicates that it is for underground lines pursuant to attached plot . ..................... I believe the county will be adequately protected." Mr. Hall moved, seconded by Mr. Williams; that the easement be approved. Motion carried unanimously. A: B. C. PERMIT REQUESTS - The following A. B. C. Permit Requests were presented: Chestnutt Grocery, 1001 South 3rd Street; Walker's Variety House, Route 1, Highway 11'7; and Autry's 66 and Grocery, Route 2, Box 438, Wilmington. Mr. Williams moved, seconded by Mr. Hall, that the requests be forwarded to the Sheriff's Department for investigation. Motion carried unanimously. MENTAL HEALTH CENTER REQUEST - TRANSFER OF FUNDS - Request from the Mental Health Center to transfer $5~0 to Repairs and Maintenance from Rent and $44'] to Replacement of Existing Equipment from Rent was considered by the Board. Mr. Marks moved, seconded by Mr. Hall that the transfer be approved. Plotion carried unan- imously. '. ELECTRICAI, INSPECTOR RE~UEST - TRANSFER OF FUNDS - Request from the Electrical Inspector to transfer $100 from Electrical Travel Allowance to Stationery and Supplies was considered by the Board. Mr. Hall moved, seconded by Mr. Marks, that the transfer be approved. Motion carried unanimously. PRESENTATIOPI OF CIVIL DEFENSE AWARD TO MR. JOHN VAN B. METTS, JR. - General Andrew H. Harriss, Jr., Civil Defense Director, presented a Civil Defense Award to Mr. John Van B. Metts, Jr., former Chief Civil Defense Executive. Mr. Metts served between December 1, 1969 and December 7, 19'70 which was the period of his Chaiimanship on the Board o£ County Commissioners. Mr. Harriss expressed his thanks on behalf of the Board to Mr. Metts for his service. Mr. Metts accepted the award with appreciation. VOTING MACHINES - REQUEST FOR APPROPRIATION FOR INSURANCE - Mr. Bowden advised the Board Mr. Shepard had informed him ~1511 is needed in the Insurance Account to cover Voting Machines due to the way the machines are being kept in various areas and he requested this money be taken from the General Contingency Fund. After discussion it was agreed this should be appropriated to the Election Board Budget in order to determine total cost of its operation. _ J 5~z MINUTES OF TE~ MEETING - FEBRUARY 1, 1971 - CONTINiTED VOTING MACHINES - REQUEST FOR APPROPRIATION FOR INSURANCE - CONTINUED - Mr. Harriss pointed out additional funds are necessitated by the fact the machines are kept in the polling places (as many as possible) to avoid having to move them back and forth which is expensive and also risk of damage to machines. Mr. Williams moved, seconded by Mr. Hall, approval of the appropriation of $1511 to the Election Board from the General Contingenc~ Fund. Motion carried unanimously. SALARY OF VECTOR CONTROL SUPERVISOR - HEAI~TH DEPARTMENT - Mr. Bowden advised the Board he had received copy of a letter addressed to Dr. Knox from Mr. N. Beith Oates, District Engineer, North Carolina State Board of Health, calling attention to the fact Mr. D. C. Hall is making several hundred dollars per year less than personnel he is supervising. Mr. Oates recommended Mr. Hall's salary be raised from $~,020 per year to $8028 putting the salary in line with Vector Control Supervisors' salaries in other Counties. Dr. Knox had advised it would cost the County not m~re than $200, which is in the Health Department's Budget if made retroactive from January lst. Mr. Marks moved, seconded by Mr. Oxenfeld, that the increase be approved, retroactive to January 1, 19~0. Mr. Williams was of the opinion if person is w.orth this now, he should have been hired at figure nearer the $8,000. Chairman Harriss stated he was inclined to agree with Mr. Williams. Mr. Marks withdrew motion_and,by common consent it was agreed to refer the matter to the Health Department Board for their recommendation. SCHOOL BOARD ACTION - Chairman Harriss relinquished the Chair to Mr. Williams in order that he might make a motion. Mr. Harriss moved, seconded by Mr. Marks, that Dr. Heyward Bellamy and the New Hanover Board of Education be advised that their forthright actions in controlling the recent dis- orders in the school system have the full support of the Board of County Commissioners. In addition, that they be assured that the Commissioners stand ready to further support a~y measures necessary to assure maintenance of order to the end that all students may take full advantage of educational opportunities free from harassment. Motion carried unanimously. NEW HANOVER COUNTY TAXPAYERS ASSOCIATION, INC. - Mr. H. C. Wallace of the New Hanover County Tax Payers Association, Inc, advised the Board that Mr. 0. B. Pridgen, Sr, is a member of the Taxpayers Association and has been ap- pointed by their Executive Committee, along with his Committee, to study, the records and Acts of the New Hanover County Commissioners and respectfully requested the Board make available to him•the information he will be seeking from time to time from its normal pxocedures or department heads. The information will be used by various Committees to study County Government and find ways tY~at might be helpful to the Citizens at large and that tax money is spent wisely especially at this time o£ crisis. Mr. Harriss.assured Mr. Wallace the County!s records are open to any Citizen who wishes to see them and Mr. Pridgen will be accorded any help he wants~ but requested that he work, insofar as possible, throught Mr. Bowden to avoid interrupting normal routine of other offices. Mr. Harriss stated the Board would be delighted to have Mr. Pridgen or anyone else see any records or get any information desired. Mr. Pridgen spoke in justification o£ the Association and stated they will try to do their duty the best they can and wished the Board to know they seek its full trust, confi- dence, and support. Mr. Harriss stated he wished to assure them £or the last time the action taken by the Board had not raised taxes. Ar~yone not understanding this is refusing to understand what has been e~cplained a dozen times. Mr. Pridgen stated truly the Board had not raised taxes but had laid the foundation where.it can raise taxes and the City has admitted openly they intend to raise taxes. EAGI,E ISLAND EASEMENTS - Col. Denison of the Corp o£ Engineers spoke about the extension of the Wilmington Har- bor Project up the North East Cape Fear River by deepening to the authorized 32 feet as com- pared to the existing maintained channel 30 feet. The March, 1945 Rivers and Harbors Act authorized the Cape Fear River Channel 32 feet, 400 feet wide from the ocean to Hilton River Bridge and increase in width in turning basin in the North East Cape Fear River at Wilmington. During construction in 194~-194g local shipping interests did not foresee need for river channel above Castle Street deeper or wider than the existing Ghannel, that is 30 x 300 feet channel. They did want the turnin~ basin wider and to a depth of 30 feet. Consequently this portion was placed in the deferred for restudy category. In the Spring of 1966 Wilmington shipping interests requested a number of harbor improvements among which was the request for the contruction of the authorized, but never constructed, 32 Yeet by 400 feet channel, extending up the river from Castle Street to Hilton Bridge. A.re-study was made of the costs and benefits of the 32 foot project and in February of 196'7 the Chief of Engineers approved reclassi£ication of the 32 foot project to the active category with estimated cost of about $200,000. Senator Jordan was successful in getting the $200,000 in the FY 19'70 budget, however the Administration has held these funds in budgetary reserve to date. Col. Denison stated the funds hope£ully will be released very shortly and certainly no later than this Spring. Col. Denison stated all material removed will have to be placed on shore spoil areas adjacent to area to be.dredged in order to achieve an economical or low cost to this effort. Col. Denison's purpose today was to show the Board what is needed in the way of spoil areas for the'32 foot project or Channel between Castle Street and Hilton Bridge. , 5~3 MINUTES OF THE MEETING - FEBRUARY 1, 1971 - CONTINtTED - EAGLE ISLAND EASEMEPtTS - CONTINUED - Portion of Wilmington Harbor above Castle Street does not have perpetual easements for any spoil areas, therefore it is necessary that perpetual easements be obtained for spoil areas necessary to construct and maintain the 32 foot project. The only spoil areas available are along the relatively undeveloped west side o£ river. Col. Denison outlined spoil areas that have been used in the past. He explained said action taken thus far in obtaining spoil areas has been his letter of December 31 to the Board of Commissioners, the project sponsors. Col. Denison said they have reached a point where it appears they will be able to go ahead with the extension of this now critically needed navig~tion project up the North East Cape Fear River, deepening from 30 to 32 feet and expanding width from 300 to 400 feet wide. Col. Denison stated some agreement will have to be reached as to what will be used to dispose of these dredge materials, what area will be used for this purpose and how they can rely on continuous perpe- tual maintenance of the newly authorized project for the indefinite future. Col. Denison stated what he needed from the Commissioners was assurance that if the Corps of Engineers is abie to resolve its problem within next six months to do this job that in the long range the Board will have taken the appropriate steps to obtain a place that the Government might continue to maintain this project for an indefinite period. Mr, Fox apprised the Board of the County's obligation in projects of th~s kind. Mr. Marks moved, seconded by rr. Hall, that the Board assure Col. Denison of its full co- operation and aclrnowledges its responsibility of providing spoil areas and that it will begin with their cooperation prompt negotiations with the property owners to the end the Board might determine its financial responsibilitp; and that the County Administrator and County Attorney be named as resource persons to the Corp o£ Engineers. Motian carried unanimously. Meeting recessed at 10:20 a. m. Meeting reconvened at 10:35 a. m. COMPUTER SERVICE CONTRACT FOR TAX OFFICE - Mr. Powell, Tax Supervisor, discussed renewal of contract with IDP for computer service for Tax I,isting Office saying it would be to the advanta~e of the County to renew this contract. Three bids were submitted as £ollows: Independent Data Processing National Data Processing' American Computer Centers, Inc. $ 8,110 9,509 10,175 After hearing discussion by representatives from the American Computer Centers, Inc. and the National Data Processing, Mr. Hall moved, seconded by Mr. Oxenfeld, that present contract be continued for one year and this Board consider a new contract during month of October, 19'J1 so that the Board can have an opportunity, if there is a change to be made, to get the person- nel properly acquainted with the changes that have to be made and adjust £or the dif£erent sizes and the different types of filing that the County is concerned with and in fact discuss the whole matter at that time. Motion carried unanimously. Chairman Harriss requested that Mr. Johnson and Mr. Powell not to purchase supplies beyond County's needs for this year. DISCUSSION OF HOUSING AUTI30RITY - Chairman Harriss gave information he had requested from the Tax Listing Office concern- ing the Housing Authorit~; Total appraised value is $10,032,037; Taxes on this value for 19'70 would be County $79,253•08; City $10'7,844.38. Housing Authority Payment was County $14,332.55 and City of ~23,988.96. Mr. Harriss stated the Housing Authority by law does not pay taxes but 10% o£ their net pro£its. Mr. Harriss pointed oizt the City is subsidizing the Housing Authority by some $84;000 a year and the County by some $65,000 a year and he said he did not feel this was contemplated when this arrangement was made. Mr. Marshall pointed out the Housing Authority of Wilmington was organized and created by the City Council anii actually the County has no jurisdiction over it. The tax structure applied to the local Housing Authority was established by Congress that comes under the National Housing Act of 1938. The Housing Authority functions under what is known as the "cooperation agreement". Back in the early days the City determined, not the Housing Authority, how the taxes would be prorated. Mr. Marshall stated th~t the Housing Authority realized they were not carrying their fair share of the load and about two arid one-half years ago their National Organization presented recommendations to Congress to alleviate this situation. It is recognized nationally that not only counties but municipalities are faced with different conditions today than they were in i938. The Housing Authority is proposing legislation to Congress that will permit Housing Authorities to carry a much greater tax share than they are doing at present time. Mr. Marshall pointed out the Housing Authority buys slum areas and improve them to where they are worth '] or 8 times more than they were before. He pointed out they recently purchased a site for $43,000 which was on the tax books for $500. He stated Housing Authorities do elim- inate slum areas. Housing Authority property is insured for $'7.'7 million. Mr. Marshall pointed out again the "cooperation agreement" does not come under the jurisdiction of the County but with the City of Wilmington. He stated the new projects which are being constructed and when they are occupied will be under somewhat of new tax structure and the Housing Authority will pay possibly 3/4 % more than it is now paying under the plan of voluntary contributions, but the last four "cooperation a~reements": which he has executed with the City 100'~ of the voluntary contribution will go to the City and none appropriated to the County. This makes a total of five projects under such agreements with the City. Mr. Marshall requested New Hanover County's support when the Housing Authority's legislation comes before Congress in Washington. v ~ / 574 MINUTES OF THE MEETING - FEBRUARY 1, 1971 - CONTINUED - DISCUSSION OF HOUSING AUTHORITY - CONTINUED - Chairman Harriss stated the Board might get Mr. Bowden toseek closer cooperation with the City that any future Housing Authority cooperation agreements include the County. Mr. Marshall was requested to furnish number of bill so the Board could write to its legislators. MENTAL HEALTH NEW EMPLOYEE - Mr. Marks presented request of Mental Health for a Psychologist II and said they have an applicant Margaret Whisenhunt who is working in West Virginia. Her credentials have been examined by State Personnel and they have rated her Range '71 which is a Psychologist II, Step III which is the mid-point due to her having three years experience in this field. She is awaiting word from the Mental Health Board as to what they can pay her. Mr. Marks had volunteered to the rental Health Board that they contact this lady and make the ofYer, subject to the approval of the County Commissioners, of a salary in keeping with that which is $11,100 per year. The salary has been appropriated. The Commissioners were contacted for approval and they agreed. Mr. Marks moved, seconded by Mr. Hall, that £ormal approval be given for the hiring of this person. Moti:on carried unanimously. REPORT ON:.REVENUE SHARING CONFr.tcr.i~CE IN ATLANTA - Mr. Marks reported that due to cancellation of flight he did not reach Atlanta in time, to get to hear Vice-President Agnew's address on Revenue Sharing. Mr. Marks reported there are over 400 existing grants-in-aid programs. They are now distributing this revenue which we hope will be run through the local Governments. Mr. Marks stated bulk of this money is now going to Communities in large cities where they are able to employ full time sta£f that does nothing else but seek these various grants for which they can qualify. The effort now is to by-pass this and give local governments their pro-rata share of these grants and allow the local governments to make the determination as which is the greatest priorit9. Mr. Marks was of opinion Board should take steps to implement getting fair share. Mr. Marks stated funds have been available to counties for solid waste and the Board might request the Planning Department to investigate to see if the County might get some assistance. Also, Mr. Marks suggested they examine the existing 400 grants-in-aid and make recommendation for the County's participation that might be helpful on the local level. Mr. Williams reported Council of Governments has a solid waste committee working at this time and results have been disappointing; New Hanover County is not rural enough. Mr. Williams said he was not sure that revenue sharing is so glamorous; he was of opinion that there might be strings attached. He said County has been operating with a balanced budget in spite of a lot of obstacles and problems, and he could not see why he as a citizen of New Hanover County should encourage the Federal Government to incur a multi-billion dollar deficit to help the County when it is already solvent and apparentl~ the federal government is in worse financial condition than New Hanover County. REPLACEMENT OF EQUIPMENT NEW HANOVER MEMORIAL HOSPITAL - Mr. Ha11 aclvised the Board that the Director of New Hanover Memorial Hospital wanted specific authority to replace equipment which was originally purchased for the institution with bond money. Also, to have the responsibility and authority to properly dispose oS equipment that is no longer required in the foreseeable future,...funds received to be utilized towards the purchase of new_hospital equipment. Mr. Hall moved, seconded by Mr..Williams, that this Board authorize the Board of Trus- tees to dispose of any furniture or equipment that needs to be brought up to date or traded ` in and the proceeds from the disposition be used for equipment and furnishings. Motion carried unanimously. ZOCAL aPTION SALES TA% - POSSIBILITY OF CARRYING JUDICIAL CONSIDERATION FURTHER - Mr. Hall asked Mr. Fox if it would be feasible to go beyond Supreme Court of North Carolina. Mr. Fox was of opinion it would not be because Supreme Court ruled it contrary to constitution, Mr. Williams advised a hearing would be held in Raleigh Thursday before the Joint Appropriations Committee and all of the members of the Board of Directors of the Associa- tion, Legislative Comm~ttee and all other City and County officials who can Pind the time to attend are invited. Mr. Williams reported he had been assured by several members of the General Assembly that a bill will be introduced right away calling on the collector of Internal Revenue to remit the amount of funds that have been collected for 3oca1 governments to those local governments. He stated several bills had been introduced and contemplated, but the one that seems most likely to gain approval will be a bill to authorize the County Commissioners in the State to levy the sales tax, an'cl he said it was his understanding in this case all o£ the tax collected in the count~ would come back to the individual County. This could be done either by action of the Board of Commissioners or by a vote of the people. Mr. Williams stated he thought the people in New Hanover County had already spoken. Mr. Oxenfeld suggested by common consent the County's representatives be written a letter thanking them for their support of the 1% Sales Tax and ask them for their continued support of this measure. ADOPTION OF ORDINANCE - REGULATORY CODES - Mr. Fox discussed Ordinance - Regulatory Codes saying if adopted, it be adopted subject to approval of the N. C. Building Code Council, it be copied in minute book verbatum and the inspecotrs be furnished certified copy. Mr. Marks moved, seconded by Mr. Oxenfeld, that the Code be adopted with the $200 ex- emption under permits and the removal of bond for clearance in demolition permits. Motion carried unanimously. , J~J MIP]UTES OF THE MEETING - FEBRUARY 1, 1971.- CONTINUED - ADOPTION OF ORDINANCE - REGULATORY CODES - CONTINUED - Mr. Plarks moved, seconded by Mr. Williams, that legislature be requested to repeal 193'] statute and that the County Attorney be authorized to draw the necessary papers for Chair- man's signature if needed. Motion carried unanimously. Following is the Ordinance: "NEW HANOVER COUNTY ORDINANCE PBOVIDING FOR THE ADOPTION, ADMINISTRATION AND ENFORCEMENT OF REGULATORY CaDES, AND SPECIFYING , OTHER DUTIES OF INSPECTION OFFICIALS - Article I. Adoption of Regulatory Codes by Reference (Authority: G. S. 160=200 (41); 160-237; 143-138 (d), (3)) Section 1-1. Scope of Ordinance and Codes. The,provisions of this ordinance and of the regulatory codes herein adopted shall apply to the following: (a) The location, design, materials, equipment, construction, reconstruction, alteration, repair, maintenance, moving, demolition, removal, use, and occupancy of every building or structure or any appurtenances connected or attached to such building or structure; (b) The installation, erection, alteration, repair, use and maintenance of plumbing systems consisting of house sewers, building drains,,waste and vent systems, hot and cold water supply systems, and all fixtures and appurtenances thereo£; (c) The installation, erection, alteration, repair, use and maintenance of inechanical systems consisting of heating, ventilating, air conditioning, and refrigeration systems, fuel burning equipment, and appurtenances thereof, (d) The installation, erection, alteration, repair, use and maintenance o£ electrical systems and appurtenances thereof; The adoption of this ordinance and the codes herein adopted by reference shall constitute a resolution within the meaning of G. S. 143-138 (d) making the regulator~ codes herein adopted applicable to dwellings and out buildings used in connection therewith and to apartment,build- ings used exclusively as the residence oY not more than two families. Section 1.2. Building Code Adopted. The 196'7 edition o£ the North Carolina State Build- ing Code, Oolume I, General Construction, as adopted by the North Carolina Building Code Council and as amended, is hereby adopted by reference as fully as though set forth herein as the Building Code of the County to the extent such Code is applicable for safe and stable design, methods of construction, minimum standards, and use of materials in buildin$ or struc- tures hereafter erected, enlarged, altered, repaired, or otherwise constructed or recon- structed. Section 1-3. Plumbing Code Adopted. The 1968 edition of the North Carolina Plumbing Code (North Carolina State Building Code, Volume II, Plumbing) as adopted and published by the North Carolina Bdilding Code Council and as amended, is hereby adopted by reference as fully as though set forth herein as the Plumbin~ Code for the County. 5ection 1-4. Heating Code Adopted. The 196'] edition of the North Carol'ina Heating Code (North Carolina State Building~Code, Volume III, Heating) as adopted and published by the North Carolina Building Code Council and as amended, is hereby adopted by reference as fully as though set forth herein as the Heating Code for the County. Section 1-5. Electrical Code Adopted. The 196'7 edition of the North Carolina Electrical Code (North Carolina State Building Code, Volume IV, Electrical), adopting by reference the 1965 edition of the National Electrical Code of the National Fire Protection Association as adopted by the North Carolina Building Code Council and as amended, is hereby adopted by reference as fully as though set forth herein as the Electrical Code £or the County. Section 1-6~ Residential Building Code. The 1968 edition or later edition of the North Carolina Uniform Residential Building Code, as adopted by the North Carolina Building Inspectors Association, and as published by the North Carolina Building Code Council is hereby adopted by reference as fully as though set forth herein as the Residential Building Code for one and two family residential buildings in the County. Section 1-7. Amendments to Codes. Amendments to the re~ulatory codes adopted by reference herein, which are from time to time adopted and published by the a$encies or organ- izations re£erred to herein shall be effective in the County at the time such amendments are filed with the County Building Inspector as provided in Section 1-9. Section 1-8. Compliance with Codes. (a) All buildings or structures which are herea£ter. constructed, reconstructed, erected, altered, extended, enlarged, repaired, demolished, or moved shall conform to the requirements, minimum standards, and other provisions of either the North Carolina State Building Code, General Construction, Volume I or the North Carolina Uniform Residential Building Code, whichever is applicable, or of both if both are applicable. (b) Every building or structure intended for human habitation, occupancy, or use shall have plumbing, plumbing systems, or plumbing fixtures installed, constructed, altered, extended, repaired, or reconstructed in accordance with the minimum standards, re- quirements, and other provisions of the North Carolina Plumbing Code (North Carolina State Building Code, Volume II, Plumbing). (c) All mechanical systems consisting of heating, ventilating, air conditioning, and refrigeration systems, fuel burning equipment, and appurtenances shall be installed, erected, altered, repaired, used arid maintained in accordance with the minimum stand- ards, requirements, and other provisions of the North Carolina Heatin~ Code (North Carolina State Building Code, Volume III, Heating). J ~ 5'7 6 MINUTES OF TfIE MEETING - FEBRUARY 1, 1971 - CONTINUED - ADOPTION OF ORDINANCE - REGULATORY CODES - CONTINUED - (d) All electrical wiring, installations.and appurtenances shall be erected, altered, repaired, used and maintained in accordance with the minimum standards, require- ments, and other provisions of the North Carolina Electrical Code (.North Carolina State Building Code, Volume IV, Electrical). Section 1-9. Copies of Codes Filed With Clerk. An Official copy o£ each regulatory code adopted herein, and official copies of all amendments thereto, shall be kept on file in the office of the County Building Inspector. Such copies shall be the o£ficial copies o£ the codes and the amendments. Article II. Inspection Department Section 2.1. Organization of Department. The Inspection Department shall consist of a building inspector, plumbing inspector, an electrical inspector, and such other inspectors or deputy or assistant inspectors as may be authorized by the Board of Commissioners. The Board of Commissioners may in its discretion designate a department head. Section 2.2. General Duties of Department and Inspectors. It shall be the duty of the inspection department to enforce all of the provisions of this ordinance, the regulatory codes adopted herein, the New Hanover County Mobile Home and Travel Trailer Ordinance, the rules and regulations promulgated by the Commissioner o£ Insurance under the Uniform Standards Code for Mobile Iiomes Act, the subdivision regulations of the County of New Hanover, New Hanover County Zoning Ordinance, and to make such inspection of school buildings as are re- quired under N. C. Gen. Stat. 115-150.2, and to make all inspections necessary to determine whether or not the provisions of said ordinances and such codes are being met. The North Carolina State Building Code, Volume II, General Construction, and the North Carolina Uniform Residential Building Code shall be enforced by the Building Inspector. The North Carolina Plumbing Code shall be enforced by the Plumbing Inspector. The North Caro- lina Heating Code shall be enforced by an inspector designated by the Board of Commissioners. The North Carolina State Electrical Code shall be enforced by the Electrical Inspector. Section 2-3. Conflicts o£ 3nterest. No officer or employee of the Inspection Depart- ment shall be financially interested in the furnishin~ of labor, material, or appliances for the construction, alteration, or maintenance of a building or ar~y part thereof, or in the making of plans or specifications therefor, unless he is the owner of such building. No officer or employee of the Inspection Department shall engage in any work which is incon- sistent with his duties or with the interests of the County. Section 2-4. Reports and Records. The Inspection Department, and each inspector, shall keep complete, permanent, and accurate records in convenient form of all applications re- ceived, permits issued, inspections, and reinspections made, and all other work and activities of the Inspection Department. Periodic reports shall be submitted to the Board of Commission- ers, and to other agencies, as required. Section 2-5. Inspection Procedure. (a) Inspections. The Inspection Department shall inspect all buildings and structures and work therein for which a permit of any kind has been issued as often as necess- ary in order to determine whether the work complies with this ordinance and the appropriate codes. 4dhen deemed necessary by the appropriate inspector, materials and assemblies may be inspected at the point of manu£acture or fabrication, or inspections may be made by approved and recognized inspection organizations; provided, no approval shall be based upon reports of such organizations unless the same are in writing and certified b~ a responsible officer of such organization. All holders of permits, or their agents, shall notify the Inspection Department and the appropriate inspector at each of the following stages of construction so that approval may be given before work is continued; (1) Foundation Inspection. To be made after trenches are excavated and the necessary rein- forcement and forms are in place, and before concrete is placed. Drilled footings, piles, and similar types of foundations shall be inspected as installed. (2) Framing Inspection. To be made after all structural framing is in place and all roughing-in of plumbing and electrical and heating has been installed, after all fire blocking, chimneys, bracing and vents are installed, but before any of the structure is enclosed or covered. Poured in place concrete structural elements shall be inspected before each pour of any structural member. (3) Fireproofing Inspection. To be made after all areas required to be protected by fireproof is applied. (4) Final Inspection. To be made after building or structure has all doors. hun~, fixtures set, and ready for occupancy, but before the building is occupied. (b) Calls for Inspection. Request for inspections may be made to the o£fice of the In- spection Department or to the appropriate inspector. The Inspection Department shall make inspections as soon as practicable after request is made therefor, provided such work is ready for inspection at the time the request is made. Reinspections may be made at the convenience of the inspector. No work shall be in- spected until it is in proper and completed condition ready for inspection. All work tvhich has been concealed before the inspection and approval shall be uncovered at the request of the inspector and placed in condition for proper inspection. Ap- proval or rejection of the work shall be furnished by the appropriate inspector in the form of a notice posted on the building or given to the permit holder or his agent. Failure to call for inspections or proceeding without approval at each stage of construction shall be deemed a violation of this ordinance. ' S'7 ~ ~MINUTES OF THE MEETTNG - FEBRUARY 1, 197]. - CONTINUED - ADOPTION OF ORDINANCE - REGULATORY CODES - CONTINUED - (c) Street or Al1ey I,ines. Where the applicant for a permit proposes to e•rect any build- ing or structure on the line of any street, alley, or other public place, he shall secure a survey of the line of such street, alley, or other public place, adjacent to the property upon which such building or structure is to be erected before pro- ceedin~ with construction of such building or structure. It shall be the duty of the Building Inspector to see that the builcding does not encroach upon such;street~ alley, or other public place. e (d) Certificate of Compliance. No new building or part thereof shall be occupied, and no addition or enlargement of any existing building shall be occupied, and no existing building after being altered or moved shall be occupied, and no change of occupancy shall be made in any existing building or part thereof, until the Inspection Depart- ment has issued a certificate of compliance therefor. A temporary certificate of compliance may be issued for a portion or portions of a building which may safely be occupied prior to £inal completion and occupanc~ of the entire building. Application £or a certificate of compliance may be made by the owner or his agent after all final inspections have been made for new buildings, or, in the case of existing buildings, after supplying the information and data necessary to determine compliance with this ordinance, the appropriate regulatory codes and the zoning ordinance for the occupancy intended. The Inspection Department shall issue a certif- icate of compliance when, after examination and inspection, it is found that the building in all respects confoxms to the provisions of this ordinance, the regulatory codes, and the zoning ordinance for the occupancy intended. Section 2-6. Oversight Not to I,egalize Violation. No oversight or dereliction of duty on the part of any inspector or other official or employee of the Inspection Department shall ~ be deemed to legalize the violation of any provision of this ordinance or any provision of any regulatory code herein adopted. Section 2-~. Powers of Inspec.tion Officials. (a) Authority, Inspectors are hereby authorized, empowered, and directed to enforce all the provisions of this ordinance and the regulatory codes herein adopted. (b) Right-of-Entry. Inspectors shall have the right-of-entry on any premises within the jurisdiction o£ the regulatory codes herein adopted at'reasonable hours for the purpose of inspection or enforcement of the requirements of this ordinance and the regulatory codes, upon presentation of proper credentials. ~ (c) S~op Orders. Whenever ar~y building or structure or part thereof is being demolished, construeted, reconstructed, altered, or repaired in a hazardous manner, or in viola- tion of any provision of this ordinance or any other County ordinance, or in viola- tion of any provision of any regulatory code herein adopted, or in violation of the terms of the permit or permits issued therefore, or in such manner as to endanger li£e or property, the appropriate inspector may order such work to be immediately stopped. Such ordex shall be in writing to the owner of the property or to his agent, or to the person doing the work, and shall state the reasons therefore and the~conditions under which the work may be resumed. Article III. Enforcement Section 3-1. Permits Required. (a) Building Permit. No person shall commence or proceed with the construction, re- construction, alteration, repair, remova2, or demoZition of a~y building or o~her structure, or an3* part thereof, without a written permit therefore from the building inspector; provided, however, that no building permit shall be required for work the total cost of which does not exceed $200 set by County Commissioners and which does not involve any change of the structural parts or the stairways, elevators, fire escapes or other means of egress of the building or the structure in question. Lo- cal Board of liealth approval of property for septic tank required where sewage sys- tem cannot be connected to city sewer. (b) Plumbing Permit. No person shall commence or proceed with the installation, exten- sion; or general repair of any plumbing system without a written permit therefore Yrom the plumbing inspector; provided, however, no permit shall be required for minor repairs or replacements on the honse side of a trap to an installed system oY plumbing if such repairs or replacements do not disrupt the original water supply or the waste or ventilating systems. Local Board of Heal~h approval of property for septic tank required where sewage system cannot be connected to city sewer. (c) Heating=Air Conditioning Permit. No person shall commence or proceed with the in- stallation, extension, alteration or general repair of any heati.ng or cooling equipment system without a written permit from the inspector designated by the Board of Commissioners; provided, however, no permit shall be required for minor repairs or minor burner services or filter replacements of warm air furnaces or cooling system. (d) Electrical Permit. No person shall commence or proceed with the installation, ex- tension, alteration, or general repair of any electrical wiring, devices, appliances or equipment without a written permit there ~r from the electrical inspector; pro- vided, however, no permit shall be required for minor repair work such as the re- placement o£ lamps or the connection of portable devices to suitable receptacles which have been permanently installed; provided, further, no permit shall be required Por the installation, alteration, or repair of the electrical wiring, devices, ap- plianees, and equipment installed by or for an electrical public utility corporation for the use of such corporation in the generation, transmission, distribution, or metering of electrical energy, or for the use of such corporation in the operation of signals or the transmission of intelligence. ~ I `5 ~ 8 MINUTES OF THE MFF,TING - FEBRUARY 1, 1971 - CONTINUED - ADOPTION OF ORDINAN(:F - REGULATORY CODES - CONTINUED - Section 3-2. Application for Permit. Written application shall be made for all permits required by this ordinance, and shall be made on forms provided by the Inspection Department. Such application shall be made by the owner of the building or structure affected or by his authorized agent or representative, and, in addition to such other information as may be required by the appropriate inspector to enable him to determine whether the permit applied for should be issued, shall show the following: (a) Name, residence, (b) Name, residence, (c) Name and address tained a certifi tors, if such be is made. and business and business of the contr ~ate from the required for address of owner; of authorized representative or agent, if any; ~ctor, if any, together with evidence that he has ob- appropriate state licensing board for such contrac- the work involved in the permit for which application Section 3-3.-~ Plans and Specifications. Detailed plans and specifications shall accompany each application for permit i•~hen the estimated total cost of the building or structure is in excess of $20,000, and for any other building or structure where plan and specifications are deemed necessary by the appropriate inspector in order for him to determine whether the proposed work complies with the appropriate regulatory codes. Plans shall be drawn to scale with sufficient clarity to indicate the nature and extent o£ the work proposed, and the plans and specifications together shall contain information sufficient to indicate that the work proposed will conform to the provisions of this ordinance and the appropriate regulatory codes. Where plans and specifications are required, a copy of the same shall be kept at the work until all authorized operations have been completed and approved by the appropriate inspector. Section 3-4. Limitations on Issuance of Permits. (a) No building permit shall be issued for ar~y building or structure the estimated total cost of which is more than $20,000 unless the work is to be performed by a licensed general contractor. (b) No building permit shall be issued for any building or structure, other than a one or two family dwelling, the estimated total cost of which is more than $20,000 unless the plans bear the North Carolina seal of a registered architect or a regis- tered engineer. (c) Where any provision of the General Statutes of North Carolina or o£ any ordinance requires that work be done by a licensed specialty contractor of any kind, no permit for such work shall be issued unless it is to be performed by such licensed specialty contractor. (d) Where detailed plans and specifications are required under this ordinance, no building permit sha11 be issued unless such plans and specifications have been provided. Section 3-5. Issuance of Permit. When proper application for a permit has been made, and the appropriate inspector is satisfied that the application and the proposed work comply with the provisions of this ordinance and the appropriate re~ulatory codes, he shall issue such permit, upon payment of the proper fee or fees as hereinafter provided in Section 3-9. Section 3-6. Revocation of Permits. The appropriate inspector may revoke and require the return of any permit by notifying the permit holder in writing stating the reason for such revocation. Permits shall be revoked for any material departure from the approved ap- plication, plans, or specifications;._for refusal or failure to comply with proper orders of the inspector; for refusal or failure to comply with requirements of this ordinance and the appropriate regulatory codes; or for false statements or misrepresentations made in securing such permit. Section 3-'7. Time Limitations on Validity of Permits. All permits issued under this ordinance shall expire by limitation six (6) months after the date of issuance if the work authorized by the permit has not been commenced. If after commencement the work is discon- tinued for a period o£ twelve (12) months, the permit therefor shall immediately e~cpire. No work authorized by any permit which has expired shall thereafter be performed until a new permit therefor has been secured. Section 3-8. Changes in Work. After a permit has been issued, changes or deviations from the terms of the application and permit, or changes or deviations from the plans or specifications involving ar~y work under the jurisdiction of this ordinance or of any regulatory code adopted herein, shall not be made until specific written approval of such chan~es or deviations has been obtained from the appropriate inspector. Section 3-9. Permit Fees. Fees for permits shall be based upon the total estimated cost of the proposed work, includin~ all sub-contracts if any, but in no case shall the total estimated cost be less than the market value of similar completed work in the County as determined by the appropriate inspector or inspectors. Permit fees shall be as follows: (a) Building Permit Fees (see schedule of Yees in office of Building Inspector) (b) Plumbing Permit Fees (see schedule of fees in office of Plumbing Inspector) (c) Heating-Air Conditioning Permit Fees (see schedule oi' fees in office of inspector designated by the Board of Commissioners) (d) Electrical Permit Fees (see schedule of fees in office o£ Electrical Inspector) Article IV. Enforcement of Zoning Ordinance Section 4-1. Duty of Inspection Department. No permit for alteration, repair or construc- tion of any building or structure shall be issued unless the plans and specifications show that the building or structure, in its proposed use, will be in compliance with applicable provisions of the New Hanover County Zoning Ordinance. , ~~~ MINUTES OF THE MEETING - F•EBRUARY l. 1971 - CONTIPNED - ADOPTION OF ORDINANCE - REGUI,ATORY CODES - CONmlivur~D - Article V. Construction o£ Article Section 5-1. It is the legislative intent of the Board of Commissioners that in enacting this ordinance each section and subdivision is separate and divisible from any other section, and if any provision her,ebf should be held or declared by a court of competent jurisdiction to be invalid for any reason, such decision or holding shall not affect the validity of any other section or provision hereof. The powers, duties, privileges and responsibilities con£erred upon the Inspection Department under this ordinance are supplemental to the powers, duties, privileges and responsibilities conferred upon the Inspection Department by Article 2~ of Chapter 153 di the General Statutes oY North Carolina." WIDENING OF E(dTRANCE TO PARKING I,OT ON MARAET STREET - Mr. Harriss reported he had requested Mr. Bowden to investigate cost of widening entrance of County Parking lot on Market Street. Mr. Bowden reports City will do the work for $265.20 from 9 feet to 27 feet. Mr. Hall moved, seconded by Mr. Marks, that the entrance be widened, funds to come from the General Contingency Fund. Motion carried unanimously. INSPECTION OF VOLUNTEER FIRE DEPARTMENTS - By common consent it was agreed Mr. Harriss be authorized to set date furnishing alter- nate date for inspection of volunteer fire department. ADJOURNMENT - There being no further business to come before the Board, Mr. Oxenfeld moved, seconded by Mr. Marks, that the meeting adjourn. Motion carried unanimously. Respectfully submitted, Hazel Savage Clerk to the Board ` HS/bh MINUTES OF SPECIAL MEETING - FEBRUARY 5. 1971 - 12:00 P. M. - ASSEMBLY - _ Special meeting of the New Hanover County Board of 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, Commissioner J. M. Hall, Jr., County Attorney James C. Fox, County Administrator Laurence 0. Bowden and Hazel Savage, Clerk to the Board. Sheriff Marion W. Millis was also present. WAIVER OF NOTICE OF FIEARING - Mr. Hall moved, seconded by Mr. Williams, that the formal three day notice be waived and this be a constituted meeting of the Commissioners. Motion carried unanimously. ORDINANCE OF NEW HANOVER COUNTY TO PERMIT THE IMPOSITION OF PROHIBITIONS AND RESTRICTIONS DURING A STATE OF EI`1ERGENCY,-~.^° -..-.(._.C1 .~. 'YIw J~u~ Mr. Williams moved~that Ordinance of New Hanover County to Permit The Imposition of Prohibitions and Rest~ictions During A State of Emergency, as prepared by the County Attorney be adopted and be copied verbatim in the minutes of the meeti.ng, and in event of the Chair- man's absence or inability to serve authority be delegated to the Vice-Chairman and in event of the Vice-Chairman's absence or inability to serve authority be delegated to the available member of the Board senior in years of service to determine and proclaim the exist- ence of a state of emergency, and durin$ such state of emergency to impose prohibitions and restrictions. Motion carried unanimousl.y. Following is the ordinance adopted. ~ "ORDINANCE OF NEW HANOVER COUNTY TO PERMIT THE IMPOSITION OF PROHIBITIONS AND RESTRICTIONS DURING A STATE OF EMERGENCY Pursuant to the power conferred upon counties by North Carolina General Statute 514-288.13, the Board of Commissioners oY New Hanover Count9 does herewith ordain and dele- gate to its chairman (or in his absence or inability to serve, to its vice-chairman; or in the absence or inability of the vice-chairman to serve, to the available member of the Board senior in its service) the authority to determine and proclaim the existence of a state of emergency, and during such state o£ emergency to impose prohibitions and restrictions: (1) Of movements of people in public places; (2) Of the operation of offices, business establishments, and other places to or from which people may travel or at which they may congregate; (3) Upon the possessi.on, transportation, sale, purchase, and consumption of intoxi- cating liquors; ~ (4) Upon the possession, transportation, sale, purchase, storage, and use o£ dangerous weapons and substances, and gasoline; and (5) Upon other activities or conditions the control of which may be reasonably necessary to maintain order and protect lives or property during the state of emergency. All prohibitions and restrictions imposed by proclamation shall take effect immediately upon publication of the proclamation in the county, or the area thereof affected, unless the proclamation says a later time. For the purpose oY requiring compliance, publication may consist of reports of the substance of the prohibitions and restrictions in the mass commun- ications media serving the county, or the affected area thereof, or other effective methods of disseminating the necessary information quiekly. As soon as practicable, however, appropriate distribution of the full text of ax~y proclamation shall be made. ~