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,, ~~ It was pointed out that the Hoard did nat want to become involved with any dollar figure, therefore, Commissioner Pinney was requested to amend his original motion and delete the portion that contained the referred to X15,750 appropriation. .. Commissioner Pinney agreed to amend the motion :tp be as follows: "That the County should proceed to negotiate with the Chapel Hill-Carrbara School Unit on a possible lease arrangement for either a long term lease that would include an option to pruchase. aye. Commissioner Whitted agreed to the amendment. Chairman Garrett called for a vote on the amended motion. All members voted Chairman Garrett declared the motion passed. The County Administrator was instructed to contact Dr. Hanes in order to pursue the matter. Chairman Garrett recOgni2ed;.Hi.ll~-Laws~~:.Tax Supervisor, and Archie Kelly, Tax Appraiser. Mr. Laws stated that he and Mr. Kelly were present to present to the Soard tax matters that had not been resolved. Chairman Garrett recognized David Warren. Mr. Warren stated that he was present to speak in behalf of the E. C. Leonard Playground. Mr. Warren advised the Hoard that he had been on the Neighborhood Association for the E. C. Leonard Playground for approximately one (1) year, and that the notice of denial for the tax aspects status for the playground was received in December of 1974, and that they were making an appeal of the denial notice based on the fact that indeed this little lot which resembles a playground that is open to the public and always has been. No one has ever been exclused. No one ever thought it was an exclusive area and looking at the status we see that we are a non-profit corporation who does, in fact, own this piece of property and it is used exclusively as a public park. There is no other use that has been made of it, and nb'other.use that could be made of it. The only additional thing that Mr. Laws did not have when he made his determination is that after receiving the notice of denial in December, the Hoard of Directors took a look at the articles of the Incorporation and the By-Laws and discovered they had the power to adapt rules and regulations to govern the use of that park area which we proceeded to make it clear that the area was open to the public, and we added some other kinds of restrictions that are not restrictive as to people but as to the activities. Mr. Warren stated that a copy of the new Hy-Laws had been submitted along with the Appeal Notice. A question and answer period ensued. Bill Laws, Tax Supervisor, stated that the basis for his denial was the fact in the conveyance that there was a deed to the Playground Association by the grantor, Ed Tenney , that the Trustees of Coker College in cohveying to Ed Tenney who in turn conveyed it to the Playground Association. Restrictions are contained in the pr~ginal deed from Coker College. These restrictions state the land is conveyed in order to establish a Recreation area for the residents and/or the owners of the pro- perty within the Coker Hill Subdivision. The County Attorney advised that the time element of use did not make certain properties public land. He stated that in as long as it is written in, that the purpose for which it was set up then it should be used that way. The purpose for the tax exempt status, or course, is to encourage this sort of arrangement that the people in Coker Hi11s have. Sut~ nothing that 2'm aware of will make this as a matter of title or law or anything else property that belongs to the public. This is not nonprofit ,die use of which is presently as he has explained. Apparently, at any time, 2 suppose they could meet and convey the property to a private owner. Discussion ensued concerning reversipn of title if restrictions were not complied with. The Tax Supervisor stated that the next appeal dealt with 6 parcels of land that had been owned at the beginning of 1974 by the Nature Conservancy and that during the year of 1974 these tracts of land had been conveyed to the State of North Carolina. Mr. Laws stated his basis of denial of the request dealt with the interpretation of `-' G.S. 105.275(12), that is, the Statutes require some active use of property qualification For this exclusion. Mr. Laws recognized Andy Giles who is on the staff of the Attorney General's Office.