Loading...
1974-09-03 Regular Meeting~~~ MINUTES OF REGULAR MEETING, AUGUST 19, 1974 (CONTINUED) BOND ORDER AUTHORIZING THE ISSUANCE OF $7,800,000 PUBLIC BUILDING BONDS (CONTINUED) WHEREAS, an •app~lication has been filed with the Secretary of the Local Government Commission requesting Commission approval of the bonds hereinbefore descrihed and notice of intention to make such application was published in the manner required by law; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of New Hanover, as follows: The action of the Chairman and Clerk of the Board of Commissioners in causing notice of intention to apply to the Local Government Commission for approval of $7,800,000 Public Building Bonds to be published as hereinbefore set forth and in filing application for approval of such bonds with the Secretary of the Local Govern- ment Commission is hereby ratified and confirmed. vote: The motion having been seconded by Chm. Powell it was adopted by the following AYES: Comm. Davis and Chm. Powell. NAYS: Comm. Wright. ARRIVAL OF COMM. VAUGHAN Comm. Vaughan arrived at 8:20 AM and advised the Clerk that he would have voted "aye" on the foregoing action by the Commission but that he had been detained by a wreck on Masonboro Loop Road. (See Page 705 for Addition.) ADJOURNMENT Comm. Wright moved, se•conded by Comm. Vaughan, that the meeting be adjourned. Upon vote, motion carried unanimously. Chm. Powell adjourned the meeting at 8:25 AM. Respectfully submitted, ~~ ~ ~~~ Lise K. King Clerk to tHe Board k MINUTES OF REGULAR MEETING, SEPTEMBER 3, 1974 ASSEMBLY The New Hanover County Board of Co~issioners met in regular session on Tuesday, September 3, 1974, at 9:00 o'clock A,. M. in the Assembly Room, County Commission Building, Wilmington, North Carolina. Members present were Commissioners Peter IL. Davis; M. H. Vaughan; Vivian S. Wright; Chairman W. Douglas Powell; County Attorney, James C. Fox; County Manager, Dan W. Eller; and Clerk to the Board, Lise K. King. No members were absent. Chm. Powell called the meeting to order. Comm. Wright offered the invocation. APPROVAL OF MINUTES: REGULAR MEETING. AUGUST 19, 1974 Comm. Wright requested that on Yage byy under "SChool Pension System" the record show that the Board had agreed to receive the alternatives from Mr. Hutchison. Comm. Wright requested that on Page 701 under "Meeting with New Hanover Memorial Hospital Board of Trustees" the record show that the Board had been assured that there would be no substantial reduction in facilities liuilt from what had been proposed. County Manager Eller stated that on Page 700 under "Change Order - Plumbing Contract, Legion Stadium" the amount shown in the minutes was correct, but that he had reported the amount as $17,615. Comm, Vaughan requested that on Page 699 under "Discussion of Procedure for Accep- tance of Streets into State's Secondary Road System" the record show that County Engineer Epling and Comm. Vaughan had felt that there was perhaps some leniency on the part of the State in accepting these roads. Comm. Davis requested that on Page 699 under "Discussion of Procedure for Acceptance of 8treets into State's Secondary Road System" that it was brought out that New Hanover County was number 100 out of 100 counties in receiving secondary road £unds based on the formula used by the State in allocating these funds. ~' 0~5 MINUTES OF REGULAR MEETING, SEPTEMBER 3, 1974 (CONTINUED) APPROVAL OF MINUTES: REGULAR MEETING AUGUST 19, 1974 CCONTINUED) Comm. Vaughan requested that on ~age /O1 under "Meeting with New,Hanover Memorial Hospital Board of Trustees" the record show what was said with regard to the possible reduction in the number of beds to be provided. This was as follows: Comm. Wright stated that people were looking for 200 beds and, if they were cutting it down sizably from that number, this was the type thing she was concerned with. Mr. Henry Longley replied that a general answer to her question would be "yes" they did plan to provide what was set forth in asking for the bond issue. , Comm. Vaughan requested that on Page 704 under "Arrival of Coffin. Vaughan" the record also state that he had not changed his opinion that Site "C" was the pratical site for the governmental complex. Upon motion by Comm. Wright, seconded by Comm. Davis, the minutes of the regular meeting held August 19, 1974, and continued to August 26 `and August 28, 1974, were unanimously approved as corrected. CONSIDERATION OF REPLACEMENT FOR FORMER COUNTY COMMISSIONER, J. M. HALL, JR. Mr. Berry A. Williams, the nominee of the Democratic Executive Committee to fill the unexpired term of J. M. Hall, Jr., on the New Hanover Board of County Commissioners, appeared before the Board to urge that there be no further delay in appointing a replacement for Mr. Hall. Comm. Vaughan nominated Mr. Claud 0`Shields, Jr., to replace former County Com- missioner, J. M. Hall, Jr. - Comm. Davis nominated Mr. Berry A. Williams, the recommendation of the Democratic Executive Committee, to replace former County Co~issioner., J. M. Hall, Jr. • Comm. Wright stated for the record that the Board had known for several weeks that this particular issue was stalemated. She said that she had talked with Comm. Davis and tried to get him to nominate somebody else that the Board could accept and that he did not feel that he could do this. She stated that she had asked Comm. Davis if he would support a Democrat if she nominated one, and that he had told her that he would not at that time but that he would still suppart Mr. Williams even though it was stalemated. She stated that Mr. Williams had known for ~some time that he could not have her support but that he had seen fit to pursue the matter. She stated that she was sorry that Mr. Williams had had to leave the meeting early, that she would have said the same thing if he had been present, that he knew her position exactly on the issue, that he had visited in her home on several occasions, he had talked with her on the phone several times, she had explained to him her reasons and she had promised.him that she would say or do nothing in public that would hurt him. She stated that he still knew that she could not support him, yet he had chosen to take advantage of her f'riendship in this manner. She stated that it made her sad to see it. She stated that she could not support him and he knew it. She stated that it made her sad that he was continuing to pursue the matter in that way. After a brief discussion with regard to the sequence of nominations, County. Attorney Fox stated that the vote should be taken as the nominations had been made at the meeting of August 5, 1974, and tabled. Chm. Powell called for a vote on Comm. Davis' nomination, Mr. Berry A. Williams. Co~. Davis and Chm. Powell voted for this nominee. Chm. Powell called for a vote on Comm. Vaughan's nomination, Mr. Claud 0'Shields, Jr. Comm. Vaughan and Wright voted for this nominee. . . Chm. Powell requested an opinion from the County Attorney as to whether or not the Board could turn the matter over to the Clerk of Superior Court to be resolved in that the Board had reached a stalemate. County Attorney Fox stated.that they would have to wait for the expiration of the 60-day period required by the Statutes. Comm. Wright nominated Mr. Thurston C. Davis to replace former County Commissioner, J. M. Hall, Jr. Comm. Davis nominated Mr. Berry A. Williams to replace former County Commissioner, J. M. Hall, Jr. Chm. Powell called for a vote on Co~. Wright's nomination, Mr. Thurston C. Davis. Comm. Vaughan and Wright voted for this nominee. Chm. Powell called for a vote on Cou~. Davis' nomination, Mr. Berry A. Williams. Chm. Powell and Comm. Davis voted fur this nominee. Chm. Powell moved, seconded by Comm. Davis, that the Democratic Executive Committee be advised that the Board had brought to a vote its reco~ended nominee as well as other.enominees and that this issue was stalemated by a vote of two to two and ask them, in that the issue was not resolved, to submit another nominee. Comm. Vaughan offered the substitute motion, seconded by Comm. Wright, that Mr. Thurston C. Davis be unanimously accepted by the Board as the replacement for J. M. Hall, Jr. Comm. Vaughan withdrew his motion; Comm. Wright withdrew her second. Upon vote, Chm. Powell's motion to contact the Democratic Executive Committee failed to pass by the following vote: Voting Aye: Co~. Davis and Chm. Powell. Voting Noe: Comm. Vaughan and Wright. ~~~ ~ MINUTES OF REGULAR MEETING, SEPTEMBER 3, 1974 (CONTINUED) APPEAL FROM THE ZONING BOARD OF ADJUSTMENT Mr. & Mrs. J. D. Taylor appeared before the Board with regard to a decision~made by the Zoning Board'of Adjustment at their meeting of August 13, 1974. County Attorney Fox stated that appeals from the Zoning Board of Adjustment must be made to the New Hanover County Superior Court within 30 days after the decision. Chm. Powell moved, seconded by Comm. Wright, that the Commission write the Zoning Board of Adjustment indicating to them that, based on information presented at the Commission meeting of~September 3, it appeared that the County had made an error and to ask that they reconsider or respond aridgive whatever decision they felt appropriate and, further, that they investigate who it was that had submitted certain maps that were shown to the Commission. Upon vote, motion carried unanimously. PUBLIC HEARING ~ The Clerk to the Board of Co~issioners reported to•the Board of Commissioners that notice of a public hearing had been published in the Wilmington Morning Star on August 18 and August 25, 19•74, with notice that the Board of Commissioners of New Hanover County would hold a public hearing on Tuesday, September 3, 1974,•at 9:30,AM with regard to the following rezoning request, application for Special Use Permit, and appeal from the recommendation of the Planning Commission. Comm. Wright moved, seconded by Comm. Davis, that the public hearing be opened to discussion. Upon vote, motion carried unanimously. • Chm. Powell opened the public hearing to discussion. • PUBLIC HEARING TO CONSIDER A RE4UEST TO REZONE PROPERTY ON THE WEST SIDE OF CAROLINA BEACH ROAD (U. S. HWY. 421~ APPROXIMATELY 950 FEET NORTH OF THE INTERSECTION OF CAROLINA BEACH AOAD AND MA50NBOA0 LOOP ROAD FRUM R-15 (SINGLE FAMILY DIST'RICT)'TU T-'l (INDUSTRIAL DISTRICT) IN~ZONING AREA ~~4. ~ Planning Director Richard A. Fender stated that the Planning Commission had heard this request at,their meeting of August 7, 1974, and had recommended that this request be approved. He stated that the Planning Staff had recommended denial of this request based on the fact that the total area around the property requested for rezoning was zoned residential and, further, that the Land Use Plan called for this area to be resi- dential in nature and the Staff felt that to zone this property I-2 would demand that the entire area be reevaluated for future industrial use. Mr. Bill Lucas, Accountant and Business Advisor to the Petitioners, and Mr. Addison Hewlett, Attorney at Law, appeared before the Board in favor of the request for rezoning. Chm.. Powell asked if there were anyone present to oppose this rezoning request, and no one spoke in opposition. . Comm. Davis moved, seconded by Comm. Wright, that this rezoning request be approved as recommended by the Planning Commission and that the ordinance entitled "An Ordinance of the County of New Hanover Ameriding the Zoning Map of Zoning Area ~~4 of New Hanover County, North Carolina, Adopted April 7, 1974" be adopted. Upon vote, motion carried as follows: . . . Voting Aye: Comm. Davis, Wright, and Chm. Powell. Voting Noe: Comm. Vaughan. The Ordinance, as adopted and signed, is contained in Zoning Ordinance Book I, Section 4, Page 11. PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A SPECIAL USE PERMIT TO USE PROPERTY ON THE WEST SIDE OF .23RD STREET APPROXIMATELY 2 235 FEET NORTH 'OF SMiTH CREEK FOR THE • HUMANE SOCIETY ANIMAL SH~LTEK iN ZUNING AREA ~p9A. . . Planning Director Richard A. Fender stated that the Planning Commission had heard this request at their meeting of August 7, 1974, and had reco~ended that this request be approved. He stated that the Planning Staff concurred in this recommendation. . . Miss Christie J. Evans, President of the Humane Society, spoke in favor of this application. . . . Chm. Powell asked if there were anyone present to oppose the issuance of this Special Use Permit, and no one spoke in.oppos~tion. . . After the Commission had considered the following four items and found them to be fact, (a) that the use would not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; (b) that the use met all required conditions and specifications; (c) that the use would not substantially injure the value of adjoining or abutting property or the use was a public necessity; and (d) that the location and character of the use, if developed according to the plan as submitted and approved, would be in harmony with the area . in which it was to be located and.in general conformity with the plan of de~elopment .. for New Hanover County, Comm. Wright moved, seconded by Coumi. Davis, that this Special Use Permit be issued based on the plan as submitted with the application. Upon vote, motion carried unanimously. , ~~~ MINUTES OF REGULAR MEETING, SEPTEMBER 3, 1974 (CONTINUED) PUBLIC HEARING (CONTINUED~ PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE RECOMMENDATION OF THE PLANNING COM- MISSION TO REZONE PROPERTY LOCATED ON THE 80UTH SIDE UF U. S. HWY. 1/_,`MARKET STREET ROAD? r~rricvxirtATELY 2~:300 F.EET SOUTH OF ELISHA D'RTv~ rKUM K-i~ ISINuL~ rr~hilLx UISTRICT) AND B-2 (BUSINESS DISTRICT) TO I-1 (INDUSTRIAL DIBTRICT)'IN ZONING AREA qp6. Planning Director Richard A. Fender stated that the Planning Commission had heard this request at their meeting of August 7, 1974, and had recommended that this;'request be denied. He stated that the Planning Staff_concurred in this recommendation. Mr. Nello A. Filippini, the Petitioner, appeared before the Board to request that this land be rezoned. Chm. Powell asked if there were anyone present to oppose this rezoning request, and no one spoke in opposition. Comm. Wright moved, seconded by Chm. Powell, that this request be approved and that the Ordinance entitled "An Ordinance of the County of New Hanover Amending the Zoning Map of Zoning Area ~~6 of New Hanover County, North Carolina, Adopted August 18, 1971',' be adopted. Upon vote, motion carried as follows: Voting Aye: Comm. Davis, Wright, and Chm. Powell. Voting Noe: Co~. Vaughan. The Ordinance, as adopted and signed, is contained in Zoning Ordinance Book I, Section 6, Page 12. Chm. Powell closed the public hearing to discussion. DISCUSSION OF COURTHOUSE SITE At the request ot Comm. Davis, the property owners and tenants in the area of the proposed governmental complex had been notified that the Commissioners would discuss with them the plans for the project and attempt to answer whatever questions they may have. ' The following persons appeared before the Board in opposition to Site A: Mr. James Swails, Attorney at Law; representing Waccamaw Bank and Trust Company; Mr. James E. Williams; Mrs. Virginia Callaway; Mr. Bill Huffine; Mr. Fred Willetts, Jr.; Mr. Howard Loughlin; Mr. Frank King; and Mr. & Mrs. Alex Fonvielle. Mr. W. S. Nisbet spoke in favor of the proposed site. Comm. Davis summed up what had been concluded by stating that, if Site ~rt~~ gassage of the bond site chosen, the purchase of the property would take a minimum of 90 days zssue (See P. 7Z4) earliest the tenants and owners in Site A would have to plan on moving would probably ' be January of 197b. APPROVAL OF SALE OF 919 SOUTH 11TH STREET Tax Administrator Larry J. Powell had received an offer to purchase Block 40 NE 4 5, 919 South llth Street, for $650. This property had been acquired through a tax fore- closure sale on April 6, 1953, at a total cost of $464.98. The City of Wilmington owned 43 percent of this property with New Hanover County's ownership being 57 percent. Upon motion by Comm. Vaughan, seconded by Comm. Davis, the Tax Administrator was unanimously authorized to advertise this property for sale as outlined in the Policy for Disposal of County Real Estate. BUDGET TRANSFER - SPECIAL AUDIT Upon motion by Co~. Vaugnan, seconded by Comm. Davis, a budget transfer of $3,000 from Account ~~11 600 04, Professional Services in the Coroner's budget, to Account ~kll 410 04, Professional Services in the Governing Body's budget, was unanimously approved in order to provide funds necessary for the Special Audit for the period of July 1, 1974, through August 31, 1974. BUDGET TRANSFER - MENTAL HEALTH BUILDING Upon motion by Comm. Vaughan, seconded by Comm. Davis, a budget transfer of $13,475 from Mental Health Capital Reserve Fund, Account ~~75 590 04, to the Mental Health Opera- ting Fund, Professional Services, Account ~~47 590 04, was unanimously approved in order to pay an invoice in this amount from the architect designing the Mental Health Building. BUDGET AMENDMENT - SCHOOL CONSTRUCTION FUND. Comm. Davis moved, seconded by Chm. Powell, that the budget be amended by creating a Public Schools Construction Fund and appropriating as revenue the sum of $1,185,000 to be designated as Sale of Bonds/Notes, Account ~~65 385 00, and by appropriating the sum of $1,185,000 as an expenditure to be designated as Capital Outlay - Buildings, Account ~~65 660 74, in order to provide for the expenditure of the proceeds from the sale of the Bond Anticipation Notes. Upon vote, motion carried as follows: Voting Aye: Comm. Davis, Wright, and Chm. Powell. Voting Noe: Comm. Vaughan. ~~~ MINUTES OF REGULAR MEETING, SEPTEMBER 3, 1974 (CONTINUED) TABLING OF BUDGET AMENllMENT FOR HOSPITAL CONSTRUCTION FUND The Board had been requested to amend the budget in order to provide for the .,. expenditure of the proceeds from the sale of Bond Anticipation Notes by creating a new fund to be known as Memorial Hospital Construction Fund. Comm. Wright moved that this item be tabled until the meeting of September 16 so that she could get an answer to her letter dated August.30, 1974, to the Chairman of the New Hanover Memorial Hospital Board of Trustees regarding construction plans. Upon vote, tabiing motion carried unanimously. ROAD PETITIONS - ARROWHEAD SUBDIVISION, SECTIONS 1, 2 AND 3; . EGRET POINT ROAD; AND SHEARIN HILLS SUBDIVISION, SECTIONS 3 AND 4 The Clerk to the Board reported to the Board of Commissioners that the County Engineer and the D'epartment'of Transportation, Division of Highways, concurred that the following roads met State standards and criteria; and the Commissioners were requested to adopt a resolution requesting that these roads be accepted to the State's Secondary Road System. . . 1. Arrowhead Subdivision, Sections 1, 2 and 3 2. Egret Point Road, Egret Point Subdivision 3. Shearin Hills Subdivision, Sections 3 and 4 Upon motion by Comm. Wright, seconded by Comm. Davis, the Commission unanimously adopted a resolution requesting that the Department of Transportation review the above roads and take them over for maintenance if they met established standards and criteria. BUDGET TRANSFER - SHERIFF'S DEPARTMENT . Upon motion by Comm. Vaughan, seconded by Comm. Wright, a budget transfer of $600 from Capital Outlay, Equipment, Account ~~11 510 74, to Maintenance and Repair ' Equip- ment, Account ~~11 510 16, in the Sheriff's budget was unanimously approved in order to provide funds for reworking twelve shotguns in lieu of requesting additional funds for purchase of ten riot guns. which were unable to be purchased with the budgeted amount due to a price increase. BUDGET AMENDMENT - ANIMAL CONTROL Upon motion by Comm. Vaughan, seconded by Comm. Davis, the budget was unanimously amended by increasing the revenue item, Miscellaneous Revenue, Account ~kll 335 00, and increasing the expenditure appropriation for Animal Control in the Non-Departmental section of the budget, Account ~kll 660 20, by $122.51 in order to pay Mr. J. W.,Johnson this sum intended for him but which had been received by the Auditor's office and deposited. DESIGNATION OF OFFICIAL DEPOSITORIES FOR THE FUNDS OF NEW HANOVER COUNTY Upon motion by Comm. Vaughan, seconded by Comm. Davis, the following were unanimously designated as the official depositories for the funds of New Hanover County. Bank of North Carolina First Citizens Bank & Trust Company First Union National Bank Wachovia Bank & Trust Company Waccamaw Bank & Trust Company , Peoples Savings & Loan Company North Carolina National Bank RELOCATION OF S.R. 1500 THROUGH HUGH MacRAE PARK Comm. Vaughan ofYered the toregoing resolution and moved its adoption. RESOLVED that the State of North Carolina remove from dedication that portion of S. R. 1500 from the southern edge of the County Parking Area in Hugh MacRae Park northward to Oleander Drive, and that the State of North Carolina Department of Trans- portation construct a pair of one-way roads connecting the abandoned portion of S. R. 1500 and Masonboro Loop Road in accordance with the plan as submitted by the County Manager and that New Hanover County be responsible for the maintenance of these roads upon construction. . The motion having been duly seconded by Comm. Davis, it was approved by the following vote: , . Voting Aye: Comm. Davis, Vaughan, and Chm. Powe11. Voting Noe: Comm. Wright. BUDGET AMENDMENT - AIRPORT Mr. John A. Westbrook,'Airport Manager, had advised that the check from the for- feiture of the bid bond of Eleco had been received and requested that these funds be appropriated to the account which represented the project on which Eleco had bid. Upon motion by Comm. Davis, seconded by Comm. Wright, the budget was unanimously amended by appropriating the $2,780 bid bond to the revenue item Miscellaneous Income, Account ~k31 333 04, and by appropriating the.sum of $2,780 to the expenditure item, Capital Outlay - Other Improvements,~Account ~k31 650 73, in order to comply with the request of the Airport Manager. w;a MINUTES OF REGULAR MEETING, SEPTEMBER 3, 1974 (CONTINUED) DATE FOR THE ANNUAL INSPECTION OF THE VOLUNTEER FIRE DEPARTMENTS County Manager Eiier reporcea tnaL.the Commissioners were requested to set a date for the annual inspection of the.Volunteer Fire Departments.. By common consent, this was set for Monday, October 14, 1974, with the following schedule. Comm. Wright - South Wilmington and Myrtle Grove Volunteer Fire Departments Comm. Vaughan - Winter Park and Seagate Volunteer Fire Departments Comm. Davis and Chm. Powe11 - Ogden, Castle Hayne and Wrightsboro Volunteer Fire Departments APPROVAL OF CONTRACT BETWEEN THE NEW HANOVER COUNTY HEALTH DEPARTMENT AND THE DIVISION OF HEALTH SERVICES OF THE NORTH CAROLINA DEPARTMENT OF HUMAN RE50URCES Upon motion by Comm. Davis, seconded by Comm. Wright, the contract between the New Hanover County Health Department and the Division of Health Services of the North Carolina Department of Human Resources was unanimously approved and the Chairman was authorized to execute the contract on behalf of the County Commissioners. THE OPEN HOUSE CLOSED ON JULY 4, 1974 Comm. Vaughan stated that he had heard that The Open House had been closed on July 4th and requested that the Chairman be authorized to write them to determine why it had been closed on such a crucial day. This was agreed to by common consent. MOTION RE HOGGARD HIGH SCHOOL AREA Comm. Vaughan moved that the Chairman be asked to write the Wilmington City Council and point out that Hoggard High 3chool had been built at considerable expense and that they had tried to make a good high school for the City and that the City had degraded the value and the aesthetic values around the school already by putting in the shopping center across the street from it and they had failed in their original intention:of having the shopping center screened from the school and that now they were putting a bowling alley in there and that the Board felt that the continual commercialization around the school was hurting its value to the community, and that the Chairman ask the City not to rezone anything else commercially in that area. Motion died for lack of a second. Comm. Wright stated that she did not want to interfere with the City's rezoning cases. Chm. Powell stated that he agreed with Comm. Wright but that he felt any Commissioner could write the City Council about their concern as an individual. REPORT FROM LEGION STADIUM ARCHITECT At the request of Comm. Davis, Mr. Julian A. Altobellis, Architect for Legion Stadium renovation, appeared before the Board and presented a progress report on the Legion Stadium project. Comm. Vaughan requested that the Board write the Wilmington City Councii and thank them for planting and fertilizing the grass at their Stadium. This was agreed to by common consent. PRESENTATION OF SUBDIVISION PLATS Mr. Terry L. Harlacher, Staff Planner, appeared before the Board and presented the final plat for Commission approval for Bradley Creek East, Section 1, and Porters Neck Plantation, Section H, which he stated had been approved by the Sub- division Review Committee at their meeting of August 26, 1974. Chm. Powell recommended that the Board write the Planning Commission pointing out to them the possibility that, theoretically, two people could have the authority to recommend to the Board of Commissioners subdivision plats for approval on behalf of the whole Planning Commission, telling them that this was an area of concern to the Board and that the Board felt this should be tightened up under their rules and regulations. This was agreed to by common consent. Comm. Vaughan moved that the request for final plat approval of Bradley Creek East, Section 1, and Porters Neck Plantation, Section H, be tabled until the Board had received the minutes of the Subdivision Review Committee. Upon vote, tabling motion failed to pass as follows: Voting Aye: Comm. Vaughan and Wright. Voting Noe: Comm~. Davis and Chm. Powell. Comm. Davis moved, seconded by Chm. Powe11, that the final plat for Porters Neck Plantation, Section H, be approved and that the Chairman be.authorized to sign the plat inasmuch as this was already on the State's Secondary Road System and did not involve cutting roads and inasmuch as the property owner had gone through all the legal channels that he had been advised to go through. Upon vote, motion failed to pass as follows: Voting Aye: Comm. Davis and Chm. Powe11 Voting Noe: Comm. Vaughan and Wright. Comm. Davis moved, seconded by Chm. Powell, that the final plat for Bradley Creek East, Section 1, be approved and that the Chairman be authorized to sign the plat. Upon vote, motion failed to pass as follows: Voting Aye: Comm. Davis and Chm. Powell. Voting Noe: Comm. Vaughan and Wright. ~~~ ~ ~~~ MINUTES OF REGULAR MEETING, SEPTEMBER 3, 1974 (CONTINUED) LEASE TO BE PREPARED FOR SENCLAND COMMiTNITY ACTION, INC. Mr. McCluey Hewett, Director ot the Neighborhood Youth Corps, and Mr. Robert C Executive Director of Sencland Community Action, Inc., appeared before the Board to discuss the possibility of a lease agreement between Sencland Community Action, Inc and New Hanover County for use of a portion of the nurses' dormitory at the old Community Hospital by the Neighborhood Youth Corps. By common consent, it was agreed that County Attorney Fox would prepare the lease to be executed by the Commissioners at their regular meeting of September 16. DISCUSSION OF GOVERNMENTAL COMPLEX Coumi. Vaughan stated that he wanted it entered into the record that, in his opinion, the architects for the courthouse-governmental complex did not have the final go ahead on space and, further, that he would like to know what space the architects were expecting to get out of the buildings on Princess Street and the red brick courthouse. Clark, By common consent, it was agreed that the Chairman would contact the architect and relay to him that, for planning purposes, the proposal presentedfurnished a guide but that the Commission had not approved a final decision as to what the space require- ments would be and, further, that the Commission would like to know what space the architects planned to get out of the buildings on Pr m~ss Street and the existing courthouse. DISCUSSION OF PILINGS FOR CAPE FEAR TECHNICAL INSTITUTE Comm. Vaughan moved, seconded by Comm. Davis, that the President of Cape Fear Technical Institute be advised that the Commission had received a copy of his letter to County Manager Eller regarding the steel pilings that had been ordered in error and that they had noted that, through an unauthorized routine by a State Purchasing Agency employee, anxious to get away on his vacation, the County was faced with a$15,000 loss and that the Board would expect that this would be the loss of the Purchase and Contract Division rather__ than New Hanover County. Upon vote, motion carried unanimously. DISCUSSION RE JUVENILE SERVICES Comm. Davis requested that Mr. Ronald R. Knopf, Juvenile Services Director, be requested to submit a written report, as he had offered to do in his monthly activity report, on the problems evolving due to policy changes by the Division of Youth Development which were attempting to return to local communities children which the Division had decided could not be helped by their program and, further, that Mr. Knopf be invited to discuss this with the Commissioners at their next regularly scheduled meeting. This was agreed to by common consent. DISCUSSION OF LETTER RE N. C. LAND AND WATER CONSERVATION FUND Comm. Davis stated that he telt the Commission should take advantage of the N. C. Larid and Water Conservation Fund and continue their search for undeveloped green space in the County for future recreational areas, particularly waterfront property. By common consent, Comm. Vaughan and County Manager Eller were authorized to resume their hunt for land or green space for recreational development in the north- west and northeast portions of the County. DISCUSSION RE MEETING IN RALEIGH ON SCHOOL FISCAL CONTROL ACT . County Manager Eller reported that there was to be a three-day meeting in Raleigh, North Carolina, September 19 through September 21, 1974, regarding the School Fiscal Control Act co-sponsored by the North Carolina Association of County Commissioners and the North Carolina School Board Association. Upon motion by Chm. Powell, seconded by Comm. Vaughan, any Commissioner who could attend this meeting was unanimously authorized to do so at the County's expense. DiSCUSSION OF COUNTY MANAGER ELLER SPEAKING AT CIVIC CLUBS County Manager Eller reported that he had been invited to appear before civic clubs with regard to the governmental complex and asked for direction from the Board. Comm. Davis and Wright stated that they did not feel he should be put in this position; Comm. Vaughan stated that he would not criticize anything Mr. Eller said; Chm. Powell stated that he felt this should be left up to Mr. ELler's discretion. RESIGNATION OF J. C. PARKER, JR., FROM ZONING BOARD OF ADJUSTMENT County Manager E11er reported that Mr. J. C. Yarker, Jr., had submitted his resignation from the New Hanover County Zoning Board of Adjustment due to a conflict in his business and that he had requested that someone else be appointed to fill his unexpired term. ' ' ADJOURNMENT Comm. Wright moved, seconded by Comm. Vaughan, that the meeting be adjourned to Wednesday, September 4, 1974., at 7:30 o'clock P. M. Upon vote, motion carried unanimously. Chm. Powell adjourned the meeting at 4:15 P. M. to Wednesday, September 4, 1974, at 7:30 o'clock P. M. Respectfully submitted, ~ ~~ (~K. King Clerk to the Board k '~ 11 MINUTES OF REGULAR MEETING, SEPTEMBER 3, 1974, CONTINUED TO SEPTEMBER 4, 1974 ASSEMBLY The New Hanover Board of County Commissioners met in regular session on Wednesday, September 4, 1974, at 7:30 o'clock P. M. in the Assembly Room, County Commission Building, Wilmington, North Carolina, to continue the regular meeting of September 3, 1974, which had been adjourned to that date and Cime. Members present were Commissioners Peter R. Davis; Vivian S. Wright; M. H. Vaughan; Chairman W. Douglas Powell; County Attorney, James C. Fox; County Manager, Dan W. Eller: and Clerk to the Board, Lise K. King. No members were absent. Chm. Powell called the meeting to order. PUBLIC HEARING, ADOPTION OF BOND ORDER, AND CALLING OF A SPECIAL BOND ELECTION - PUBLIC BUILDING BONDS IN THE AMOUNT OF $7,800 000 The Clerk of the Board ot Gommissioners reported to the Board of Commissioners that the bond order entitled "Bond Order authorizing the issuance of $7,800,000 Public Building Bonds of the County of New Hanover", which had been introduced on August 28, 1974, had been published in the Wilmington Morning Star on August 29, 1974, with notice that the Board of Commissioners would hold a public hearing thereon on September 4, 1974, at 7:30 o'clock P. M. The Clerk also reported that the County's Finance Officer had filed in the Clerk's office a statement of debt complying with the provisions of The Local Government Bond Act, and such statement as filed showed the net indebtedness of the County to be 4.20% of the appraised valuation of property in the County. Comm. Wright moved that the Board proceed to hold a public hearing on the bond order. The motion was seconded by Comm. Davis and was unanimously adopted. at 7:30 o'clock P. M., the Chairman announced that the Board would hear anyone who wished to be heard on the questions of the validity of the bond order and the advisability of issuing the bonds. At the direction of the Chairman, the Clerk read the bond order and the published notice of hearing. After the Board had heard all persons who requested to be heard, Comm. Davis moved that the public hearing be closed. The motion was seconded by Comm. Wright and was unanimously adopted. Comm. Davis moved that the following resolution be adopted: WHEREAS, the bond order entitled "Bond Order authorizing the issuance of $7,800,000 Public Building Bonds of the County of New Hanover", introduced at the meeting of the Board of Commissioners held on August 28, 1974, has been duly published with notice of hearing thereon and the Board of Commissioners has, at the time and place specified in such notice of hearing, heard any and all who wished to be heard with respect to the bond order, and such hearing has been closed; and WHEREAS, the County's Finance Officer has, by direction of the Board of Com- missioners, filed in the office of the Clerk a statement of debt complying with the provisions of The Local Government Bond Act, and such statement as filed shows that the net indebtedness of the County is 4.20% of the appraised valuation of property in said County; NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of the County of New Hanover as follows: (1) The bond order entitled "Bond Order authorizing the issuance of $7,800,000 Public Building Bonds of the County of New Hanover", introduced at the meeting of the Board of Commissioners held on August 28, 1974, is hereby adopted without change or amendment. (2) The Clerk of the Board of Commissioners is hereby directed to cause a copy of said bond order to be published once with the siatement as to its adoption pre- scribed by the Local Government Bond Act in the Wilmington Morning Star. The motion having been duly seconded by Chm. Powell, it was adopted by the following vote: AYES: Comm. Davis, Vaughan, and Chm. Powell. NAYS: Comm. Wright. Chm. Powell moved the adoption of the following resolution which was read at length to the Board: WHEREAS, the Board of Commissioners has adopted the bond order hereinafter described authorizing the issuance of $7,800,000 Public Building Bonds and such bond order and the indebtedness to be incurred by the issuance of such bonds and the tax to be levied for the payment of such bonds should be submitted to the voters of the County of New Hanover for their approval or disapproval in order to comply with the Constitution and laws of North Carolina; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of New Hanover as follows: '~ ~. 2 ' MINUTES OF REGULAR MEETING, SEPTEMBER 3, 1974 CONTINUED TO SEPTEMBER.4 (CONTINUED) PUBLIC HEARING, ADOPTION OF BOND ORDER, AND CALLING OF A SPECIAL BOND ELECTION - PUBLIC BUILDING BONDS IN THE AMOUNT OF $7,800.000 (CONTINUED) . (1) The question whether the qualiYied voters oT the County oY New Hanover shall approve or disapprove (a) the indebtedness to be incurred by the issuance of bonds of the County authorized by the aforementioned bond order, which indebtedness sha11 be secured by a pledge of the County's faith and credit, (b) the levy of a tax for the payment thereof, and (c) said bond order, shall be submitted to the qualified voters of said County at an election to be held in said County on November 5, 1974. (2) The Clerk of the Board of Commissioners is hereby authorized and directed to publish a notice of said election which sha11 be in substantially the following form: COUNTY OF NEW HANOVER, NORTH CAROLINA NOTICE OF SPECIAL ELECTION NOTICE IS HEREBY GIVEN that a special election will be held in the County of New Hanover, North Carolina, on November 5, 1974, for the purpose of submitting to the qualified voters of said County the question whether they shall approve or disapprove, (1) the indebtedness to be incurred by the issuance of bonds of said County of the maximum principal amount of $7,800,000, which indebtedness shall be secured by a pledge of the County's faith and credit, and (2) the.levy of a tax for the payment of such bonds and (3) the bond order entitled "Bond Order authorizing the issuance of $7,800,000 Public Building Bonds of the County of New Hanover", adopted by the Board of Commissioners on September 4, 1974, to authorize the issuance of said bonds and the levy of such tax. The Public Building Bonds are authorized to finance the capital costs of constructing a public building or buildings housing, without limitation, courtrooms and other court facilities, offices and conference rooms and facilities for law enforcement, including the acquisition and installation of the equipment and machinery required therefor and the acquisition of the necessary land or rights-in-land. The ballots to be used at said election shall contain the words, "Shall the order authorizing $7,800,000 of bonds secured by a pledge of the faith and credit of the County of New Hanover for the purpose of financing the capital costs of constructing a public building or buildings housing, without limitation, courtrooms and other court facilities, offices and conference rooms and facilities for law enforcement, including the acquisition and installation of the equipment and machinery required therefor and the acquisition of the necessary land or rights- in-land and a,tax to be levied for the payment thereof be approved?", with squares labelled "Yes" and "No" beneath or beside such words in which squares the voter may record his choice. In the event a majority of the qualified voters voting at said election vote to approve such order, the incurring of such indebtedness and the levy of such tax, said bonds shall be issued and a tax shall be Levied for the payment of such bonds. The po11s for the election will open at the hour of 6:30 o'clock, A. M., and will close at the hour of 7:30 o'clock, P. M. The election wi11 be held at the following polling places in each of the respective election precincts: PRECINCT VOTING PLACE' Wilmington ~~1 Dudley School~ Wilmington ~~2 Tileston School Wilmington ~~3 William Hooper SchooT Wilmington ~~4 Sunset Park Junior High Wilmington ~~5 Long Leaf Homes, Inc. Wilmington ~~6 New Hanover High School Wilmington ~~7 Williston Junior High School Wilmington ~~8 Lake Forest, Inc. Wilmington ~~9 Chestnut Street School Wilmington ~~10 Catlett School Wilmington ~~11 ~~2 Fire Station Wilmington ~k12 Forest Hills School Wilmington ~~13 Winter Park Presbyterian Church Wilmington ~k14 Raland Grise Junior High School Wilmington ~k15 William H. Blount School Wrightsboro Wrightsboro School Castle Hayne St. Stanislaus Rectory Ogden ~~1 MCS Noble Junior High School Ogden ~k2 Ogden Volunteer Rescue Squad Winter Park Winter Park School Seagate Bradley Creek School Wrightsville Beach Wrightsville Beach School Masonboro ~kl Pine Valley School Masonboro ~k2 Masonboro Baptist Church Federal Point ~~1 Firs.t Born Holiness Church Federal Point ~~2 Carolina Beach Town Hall Federal Point ~~3 Kure Beach Town Hall LOCATION 9'LO N. 6th Street 412 Ann Street 410 Meares Street 201 Tennessee Avenue Vance Building Brogden Hall. 401 South lOth Street 250 Pinecrest Parkway 2150 Chestnut Street 814 Colwell Avenue 3404 Park Avenue 410 Colonial Drive 4501 Wrightsville Avenue 4412 Lake Avenue 3702 Princess Place Drive 640 Castle Hayne Road Castle Hayne, N. C. 6620 Market Street Ogden 204 MacMillan Avenue 6202 Oleander Drive Harbor Island ~ Pine Valley Estates 1501 Beasley Road Carolina Beach Road Carolina Beach, N. C. Kure Beach, N. C. The registration records of New Hanover County will be kept open at the office of the Board of Elections of New Hanover County, in the County Commission Building, in Wilmington, North Carolina, from 8:00 o'clock, A. M., until 5:00 o'clock P. M. on each day (Saturdays and Sunday excepted) through October 7, 1974, being the twenty-first day, Saturdays and Sundays excluded, before said election. The last day for registration for the election shall be October 7, 1974. Any qualified voter of the County who expects to be absent from the County during all of said election day or who, because of sickness or other physical disability will be unable to be present at the polls to vote in person on said day, may apply for an absentee ballot to be used in voting at said election not earlier than sixty days prior to said election and not later than 6:00 o'clock, P.M. on October 30, 1974, being the Wednesday immediately preceding the election. ~' 1' 3 MINUTES OF REGULAR MEETING, SEPTEMBER 3, 1974 CONTINUED TO SEPTEMBER 4(CONTINUED) PUBLIC HEARING, ADOPTION OF BOND ORDER, AND CALLING OF A SPECIAL BOND ELECTION - PUBLIC BUILDING BONDS IN THE AMOUNT OF $7,800~000 (CONTINUED) By order of the Board of Commissioners of New Hanover County. Dated September 4, 1974. Lise K. King C1erk of the Board of Commissioners of New Hanover County, North Carolina Said notice of special election shall be published at least twice. The first publication shall be not Less than 14 days and the second publication not less than 7 days before the last day on which voters may register for the election; provided, however, that the first of said publications shall be at least sixty days prior to the date of the election. (3) The polls for said election shall be opened and closed at the times and at the places stated in said notice and electors shall be registered for said election in the manner stated in said notice. (4) The New Hanover County Board of Elections is hereby requested to print and distribute the necessary ballots and ballot labels and to provide for the registration books and equipment for the holding of said election and to conduct and to supervise ~ said election. (5) The Clerk of the Board of Commissioners shall mail or deliver a certified copy of this resolution to the New Hanover County Board of Elections within three days after the resolution is adopted. Comm. Davis seconded the motion and the motion was adopted by the following vote: AYES: Comm. Davis, Vaughan, and Chm. Powe11. NAYS: Comm. Wright. ADJOURNMENT Comm.' Vaughan moved, seconded by Comm. Wright, that the meeting be adjourned. Upon vote, motion carried unanimously. Chm. Powell adjourned the meeting at 8:40 o'clock P. M. Respectfully submitted, ~~ ~~~ Lise K. King Clerk,to the Board k MINUTES OF SPECIAL MEETING, SEPTEMBER 9, 1974 ASSEMBLY The New Hanover Board of County Commissioners met in special session on Monday, September 9, 1974, at 8:00 o'clock A. M. in the Assembly Room, County Commission Building, Wilmington, North Carolina, to attempt to resolve the vacancy that existed on the New Hanover Board of County Commissioners. Members present were Commissioners Peter R. Davis; M. H. Vaughan; Vivian 5. Wright; Chairman W. Douglas Powe11; County Manager, Dan W. Eller; and Clerk to the Board, Lise K. King. No members were absent. Chm. Powell called the meeting to order. APPOINTMENT OF CLAUD 0'SHIELDS, JR. Comm. Davis nominated Claud O'Shields, Jr., to fi11 the unexpired term of former County Commissioners, J. M. Hall, Jr. Upon vote, this nomination was approved unanimously. ADJOURNMENT Comm. Davis moved, seconded by Comm. Vaughan, that the meeting be adjourned. Upon vote, motion carried unanimously. Chm. Powell adjourned the meeting at 8:15 o'clock A. M. Respectfully submitted, ~~ `~~~ Lise K. King Clerk to the Board k