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