1974-10-21 Regular Meeting
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MINUTES OF SPECIAL MEETING, OCTOBER 8, 1974 (CONTINUED)
H. GRAY HUTCHISON & ASSOCIATES - SCHOOL PENSION PLAN (CONTINUED)
Mr. Hutchison stated that the second part of the r~port on the cost-of-living
increases for present retirees would have to be considered July 1, 1975, due to
the interim actuarial basis the Plan was on.
Comm. Wright moved that the Board authorize payment to Mr. Hutchison for the
overrun on the Study. Comm. Wright withdrew this motion at the request of
Mr. Hutchison.
Mr. Hutchison stated that he felt that, if the Pla~ were to be continued,
there should be some administrative procedures drawn up codifying actions that
had been taken; procedures for handling; and procedure for future annual service
on the Plan, which would involve the auditing of tentative calculations, the
reconciliation of funds, listing of preferred vested benefits, employees coming
up for retirement, the actual valuation in contribution?, and inquiries and
interpretations of the operation of the Plan to be certain it was on a uniform,
non-discriminatory manner. Mr. Hutchison stated further that he felt there should
be an independent Board to administer the Plan.
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Comm. Wright requested that Mr. Hutchison submit a, recommendation on the com-
position of such a Board when he submitted his recommendations on administration.
By common consent, it was agreed that Mr. Hutchison prepare an Annual Service
Agreement for presentation to the Board of Education.
Comm. Vaughan moved that a special meeting be held on the second day after
the second meeting in November to rediscuss the School Pension Plan and pick up
any details that may develop in the intervening period. Motion died for lack of
a second.
ADJOURNMENT
Corom. Vaughan moved, seconded by Comm. Davis, that the meeting be adjourned.
Upon vote, motion carried unanimously.
Chm. Powell adjourned the meeting at 1:10 o'clock p.m.
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Respectfully submitted,
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Lise K. King ;j
Clerk to the Board
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MINUTES OF REGULAR MEETING, OCTOBER 21, 1974
ASSEMBLY
The New Hanover Board of County Commissioners met in regular session on Monday,
October 21, 1974, at 9:00 o'clock a.m. in the Assembly Room, County Commission Building,
Wilmington, North Carolina.
Members present were Commissioners Peter R. Davis; Claud O'Shields, Jr.;
M. H. Vaughan; Vivian S. Wright; Chairman W. Douglas Pow,ell; County Manager,
Dan W. Eller; County Attorney, James C. Fox, was present for the last half of the
meeting and his representative, Joseph O. Taylor, Jr., W,1S present for the first
half of the meeting; and Clerk to the Board, Lise K. King. No members were absent.
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Chm. Powell called the meeting to order.
Rev. Graham McChesney offered the invocation.
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MINUTES OF REGULAR MEETING, OCTOBER 21, 1974 (CONTINUED)
APPROVAL OF MINUTES: REGULAR MEETING, OCTOBER 7, 1974
Comm. Vaughan requested that on Page 6 under "Brunswick County to Join Lower
Cape Fear Water and Sewer Authority" his comments be included in the record. In
this same regard, Comm. Davis requested that the remarks of Mr. Michael Brown and
Mr. Bill Schaffer be included also. A verbatim transcript of this issue is con-
tained in Exhibit Book II, Page 38.
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Comm. Davis requested that on Page 15 under "Budget Amendment - Hospital Con-
struction Fund" the record show that, while the Hospital Board had agreed to make
the minutes of the Executive Committee meetings available at the Hospital, they had
refused to make them available to the Commissioners by mail and that going to the
Hospital to review these minutes was inconvenient.
Upon motion by Comm. Wright, seconded by Comm. Davis, the minutes of the regular
meeting held on October 7, 1974, were unanimously approved as corrected.
APPROVAL OF MINUTES: SPECIAL MEETING, OCTOBER 8, 1974
Comm. Wright requested that the record include her comments to Dr. Bellamy,
Superintendent of County Schools, which were as follows: She stated that she felt
what the Commission needed to consider was that the Plan encouraged people to work
20 years which was not fair to the taxpayers or to the teachers who worked 30 years
to have somebody who just worked. 20 years getting aB much as they got or more from
local funds. She stated that she felt the School Administration should impress this
fact upon the teachers and not just tell them that the County Commissioners were
terrible and were trying to take away because the whole thing had arisen because the
Commissioners were concerned about teachers who ret:Lred years ago and were not
receiving Social Security or State Retirement; and that the Commissioners had wanted
to find a way to help them more because they needed it; but, in the process of helping
them, the injustices in the Plan had come to light.
Comm. Vaughan requested that the record include his statement that this whole
situation of the $5 million shortage reflected neglect, lack of concern, and
unprofessionalism by the School Staff and the School Board.
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Upon motion by Comm. Wright, seconded by Comm. Davis, the minutes of the special
meeting held on October 8, 1974, were unanimously approved as corrected.
BIRD SANCTUARY - LANSDOWNE ESTATES
Mrs. A. C. Meck, representing Lansdowne Estates Garden Club, appeared before
the Board to request that Lansdowne Estates be declared a bird sanctuary.
Comm. Davis moved, seconded by Comm. O'Shields, that the Board of Commissioners
create a bird sanctuary in Lansdowne Estates, the boundaries of which to be the
boundaries of Lansdowne Estates as shown on the subdivision plat. Upon vote, motion
carried as follows:
Voting Aye: Comm. Davis, O'Shields, Vaughan, and Chm. Powell.
Voting Noe: Comm. Wright.
Comm. Wright stated that she was voting "noe" because of the blue jays that
were eating the pecans in her pecan tree.
MRS. LILY ENGLISH RE 539 CASTLE HAYNE ROAD
Mrs. Lily English of 539 Castle Hayne Road appeared before the Board with
regard to her property which had been zoned R-20 when the Wrightsboro Area was
zoned on July 1, 1974.
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Mrs. English was advised by Chm. Powell that it appeared from what she had
stated that the business in her home would be permitted under the "grandfather
clause" but that she should check with Planning Dir'ector Fender for further clari-
fication of this.
RESOLUTION DECLARING INTENT TO PREPARE AND ADOPT A LAND USE PLAN
Comm. Vaughan offered the following resolution and moved its adoption.
WHEREAS, Section l13A-109 of the Coastal Area Management Act of 1974 charges
the County with the responsibility for preparing and adopting a land use plan for
all land lying within the County Boundaries; and
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MINUTES OF REGULAR MEETING, OCTOBER 21, 1974 (CONTINUED)
RESOLUTION DECLARING INTENT TO PREPARE AND ADOPT A LAND USE PLAN (CONTINUED)
WHEREAS, this Section also requires that the County notify the Coastal Resources
Commission of its intent to prepare and adopt such a land use plan; and
WHEREAS, Section l13A-110 (0) of the Act grants authority for the County to
delegate to cities the responsibility for preparation of those portions of the land
use plan which affect land within the cities' corporate limits; and
WHEREAS, the Cities of Wilmington, Wrightsville Beaeh, Carolina Beach, and
Kure Beach have expressed the desire to prepare plans for land within their juris-
dictions;
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NOW THEREFORE BE IT RESOLVED that the New Hanover County Board of Commissioners
declares its intent to prepare and adopt a land use plan for the areas under its
jurisdiction, and that the responsibilities for developing land use plans for
land within the regulatory jurisdiction of the incorporated municipalities of
New Hanover County are delegated as follows:
Portion of County
Carolina Beach
Kure Beach
Wilmington
Wrightsville Beach
Responsible Agency
Carolina;Beach Town Council
Kure Beaeh Town Council
Wilmington City Council
Wrightsv~lle Beach Board of Alderman
BE IT FURTHER RESOLVED that, in accordance with the policies of the Coastal
Resources Commission as adopted on August 14, 1974, the development of City plans
will be coordinated with the County plan so that they witl be compatible with and
integral parts of said County plan.
The motion having been duly seconded by Chm. Powell, it was adopted by the
following vote:
Voting Aye: Comm. Davis, O'Shields, Vaughan, and Chm. Powell.
Voting Noe: Comm. Wright. ,I)
PILOT PROGRAM TO TEST PROPOSED LAND CLASSIFICATION SYSTIDI
Comm. Davis moved, seconded by Comm. O'Shields, that: the County hold in
abeyance its plans to enter into a joint program with the State to test the pro-
posed land classification system until the Board had had'an opportunity to talk
directly with Dr. Lynn Muchmore, Mr. Jan Wells or Mr. Jar,lles E. Harrington in an
open meeting of the Board so that the Board could be tolel exactly what they were
committing the County to and that one of these gentlemen:be invited to attend the
Commissioners' meeting of November 4, 1974.
Comm. Wright offered the substitute motion that the County withdraw its con-
sent to the pilot program until such time as the Board was satisfied. Substitute
motion died for lack of a second.
Upon vote, original motion carried as follows:
Voting Aye: Comm. Davis, O'Shields, Vaughan, and Chm. Powell.
Voting Noe: Comm. Wright.
PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE PROPERTY ON THE SOUTH SIDE OF
THERESA DRIVE BETWEEN HOLLAND DRIVE AND CASTLE HAYNE ROAD (U. S. HWY. 117) FROM
R-20 (SINGLE FAMILY DISTRICT) TO R-15 (SINGLE FAMILY DISTRICT) IN ZONING AREA #lOA.
Planning Director Richard A. Fender stated that the Planning Commission had
heard this request at their ~eeting of September 4, 1974. and had recommended that
this request be approved. He stated that the County COmDlissioners had continued
this request from their meeting of October 7, 1974. i
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Comm. Wright moved, seconded by Comm. O'Shields, that Comm. Davis be permitted
to abstain from voting on this issue because one of the parties involved worked
with him. Upon vote, motion carried as follows:
Voting Aye: Comm. Davis, O'Shields, Wright, and Chnl. Powell.
Voting Noe: Comm. Vaughan.
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MINUTES OF REGULAR MEETING, OCTOBER 2l, 1974 (CONTImjED)
PUBLIC HEARING (CONTINUED)
The following persons appeared before the Board in favor of this rezoning
request: Mrs. Patricia Allen and Mrs. Linda Buck.
The following persons appeared before the Board in opposition to this rezoning
request: Mr. J. H. Ferguson, Attorney at Law, representing Mrs. Doris Moss;
Mrs. Doris Moss; Mr. Larry Ely; Mr. Jerry C. Woodell, Attorney at Law, representing
Mr. & Mrs. Roger Woods; Mrs. Roger Woods; Mr. Clarence Marshburn; Mr. Perry Whitman;
. Mrs. Trudy van Luyn; and Mr. Russell Blake.
Comm. Wright moved, seconded by Comm. O'Shields, that this rezoning request be
approved and that the Ordinance entitled "An Ordinance of the County of New Hanover
Amending the Zoning Map of Zoning Area #IOA of New Hanover County, North Carolina,
Adopted July 1, 1974" be adopted.
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Corom. Vaughan moved that this item be tabled until after discussion of metes
and bounds development. Planning Director Richard A. Fender stated that the Sub-
division Regulations Study Committee's recommendations would be forthcoming, but
that they had not been able to reach agreement. Conm. Vaughan withdrew his motion
to table this item.
Upon vote, motion" to approve this rezoning request carried as follows:
Voting Aye: Comm. O'Shields, Vaughan, Wright, and Chm. Powell.
Abstaining: Comm. Davis.
The Ordinance, as adopted and signed, is contained in Zoning Ordinance Book I,
Section lOA, Page 6.
PUBLIC HEARING
The Clerk to the Board reported to the Board of Commissioners that notice of
a public hearing had been published in the Wilmington Morning Star on October 6
and 13, 1974, with notice that the Board of Commissioners would hold a public hearing
at 9:30 o'clock a.m. on Monday, October 21, 1974, with regard to the following
rezoning requests and application for Special Use Permit.
Chm. Powell opened the public hearing to discussion.
PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE PROPERTY LOCATED 400 FEET NORTH
OF PARMELE ROAD (S. R. 1335) AND 2,000 FEET SOUTHEAST OF THE SEABOARD COASTLINE
RAILROAD FROM 1-2 (INDUSTRIAL DISTRICT) TO R-15 (SINGLE FAMILY DISTRICT) IN ZONING
AREA 118A.
Planning Director Richard A. Fender stated that the Planning Commission had
heard this request at their meeting of October 2, 1974, and had recommended that
this request be approved.
Mr. Norman Rochelle, the Petitioner, appeared before the Board to request
that this rezoning be approved.
Chm. Powell asked if there were anyone present to oppose this rezoning request,
and no one spoke in opposition.
Comm. Wright moved, seconded by Comm. Davis, that this rezoning request be
approved and that the Ordinance entitled "An Ordinance of the County of New Hanover
Amending the Zoning Map of Zoning Area U8A of New Hanover County, North Carolina,
Adopted June 19, 1972" be adopted. Upon vote, motion carried unanimously. The
Ordinance, as adopted and signed, is contained in Zoning Ordinance Book I, Section 8A,
Page 7.
PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE PROPERTY ON THE SOUTH SIDE OF
RANDALL DRIVE APPROXIMATELY 415 FEET WEST OF SOUTH COLLEGE ROAD (N. C. HWY. 132)
FROM R-15 (SINGLE FAMILY DISTRICT) TO 0&1 (OFFICE & INSTITUTIONAL DISTRICT) IN
ZONING AREA 119B.
Planning Director Richard A. Fender stated that the Planning Commission had
heard this request at their meeting of October 2, 1974, and had recommended that
this request be approved.
Mr. Donald Prince, the Petitioner, appeared hefore the Board to request that
this rezoning be approved.
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MINUTES OF REGULAR MEETING, OCTOBER 21, 1974 (CONTINUED)
PUBLIC HEARING (CONTINUED)
Chm. Powell asked if there were anyone present to oppose this rezoning request,
and no one spoke in opposition.
Comm. O'Shields moved, seconded by Comm. Wright, f-hat this rezoning request
be approved and that the Ordinance entitled "An Ordinanee of the County of New
Hanover Amending the Zoning Map of Zoning Area #9B of New Hanover County, North
Carolina, Adopted July 1, 1972" be adopted. Upon vote, motion carried as follows:
Voting Aye: Comm. O'Shields, Vaughan, Wright, and Chm. Powell.
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Voting Noe: Comm. Davis.
The Ordinance, as adopted and signed, is contained in Zoning Ordinance Book I,
Section 9B, Page 17.
PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A SPECIAL USE PERMIT TO USE
PROPERTY ON THE EAST SIDE OF MASONBORO LOOP ROAD BETWEEU PELICAN POINT ROAD AND
SOUND VIEW DRIVE FOR A CONVENIENCE FOOD STORE WITH GASOLINE SALES IN THE MASONBORO
ZONING AREA.
Planning Director Richard A. Fender stated that the Planning Commission had
heard this request at their meeting of October 2, 1974, 'and had recommended that
this Special Use Permit be issued based on the following conditions:
1. Plan as submitted with the application for Speeial Use Permit; and
2. That the gasoline pumps be provided as specifiE~d in Section 72-5 of the
New Hanover County Zoning Ordinance.
Chm. Powell asked if there were anyone present to ~ppose the issuance of this
Special Use Permit, and no one spoke in opposition.
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 conditicns and specifications;
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(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 gene~al conformity
with the plan of development for New Hanover County, Co~m. Wright moved, seconded
by Chm. Powell, that this Special Use Permit be issued based on the same conditions
as recommended by the Planning Commission. Upon vote, motion carried unanimously.
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Chm. Powell closed the public hearing to discussion.
REINSTATEMENT OF SIX POSITIONS DELETED FROM SOCIAL SERVICES BUDGET REQUEST 1974-75
Mr. Frank Ballard and Mrs. Robert Renegar of the New Hanover County Board of
Social Services appeared before the Board along with Miss Lela Moore Hall, Director
of Social Services, to request that the County Commissioners approve the hiring of
four Eligibility Specialists, one Homemaker, and one Aide and provide for travel
expenses for these positions. These positions had been deleted from the Board of
Social Services 1974-1975 Budget Request.
County Manager Eller advised that, if the Commissioners approved the hiring
of these six additional personnel, the budget should be amended as follows:
1) Appropriate the sum of $24,910 to the revenue item Federal Government
Grants: County Welfare Administration, Account #11 349 08. (For addition
see Page 39.)
2) Appropriate the sum of $8,562 to the revenue it'~m Federal Government
Grants: Food Stamps, Account #11 349 09. !
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3) Appropriate the sum of $5,000 to the revenue it~m State Grants: County
Welfare Administration, Account #11 350 08. i
4) Appropriate the sum of $36,972 to the expenditure item Social Services,
Salaries, Account #11 610 02.
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MINUTES OF REGULAR MEETING, OCTOBER 21, 1974 (CONTINUED)
REINSTATEMENT OF SIX SOCIAL SERVICES POSITIONS (CONTINUED)
5) Appropriate the sum of $1,500 to the expend:i.ture item Social Services,
Auto Allowance, Account #11 610 10.
Comm. Davis moved, seconded by Chm. Powell, that: the Commission approve the
hiring of these six additional personnel and that the budget be amended as recom-
mended by County Manager Eller. :Upon vote, motion carried as follows:
Voting Aye: Comm. Davis, O'Shields, and Chm. Powell.
Voting Noe: Comm. Vaughan and Wright. (For Addi:tion see Page 38.)
RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING BE1~EEN THE CITY OF WILMINGT0N,
COUNTY OF NEW HANOVER, AND NORTH CAROLINA BOARD OF TRANSPORTATION IN COOPERATION
WITH THE UNITED STATES DEPARTMENT OF TRANSPORTATION
Comm. Davis offered the following resolution and moved its adoption.
THAT WHEREAS, it is recognized that the proper Dlovement of travel within
and through the Wilmington urban area is a highly desirable element of a compre-
hensive plan for the orderly growth and development of the area; and
WHEREAS, there are a number of governmental jurisdictions within the Wilmington
urban area which have been authorized implementation and regulatory responsibilities
for transportation by North Carolina General Statutes; and
WHEREAS, it is desirable that a coordinated, comprehensive, and cooperative
transportation planning process be maintained in thE! Wilmington urban area to
insure that the transportation system is maintained on an efficient and economical
basis commensurate with the public health, safety, and welfare; and
WHEREAS, a Memorandum of Understanding between the City of Wilmington, County
of New Hanover, and North Carolina Board of Transportation has been prepared
that sets forth the responsibilities and working arrangements for maintaining a
continuing, comprehensive, and cooperative transportation planning process;
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF
NEW HANOVER, NORTH CAROLINA:
That the Memorandum of Understanding between the City of Wilmington, County
of New Hanover, and North Carolina Board of Transportation, draft date September 23,
1974, be approved and that the Chairperson of the County Board of Commissioners
and County Clerk are l?-ereby directed to execute the Memorandum of Understanding.
The motion having been duly seconded by Comm. Vaughan, the resolution was
adopted by the following vote:
Voting Aye: Comm. Davis, O'Shields, Vaughan, and Chm. Powell.
Voting Noe: Comm. Wright.
A copy of the Memorandum of Understanding is contained in Exhibit Book II, Page 39.
LUNCH RECESS
Chm. Powell recessed the meeting for lunch from 12:20-1:20 o'clock p.m.
RESOLUTION RELEASING WELFARE LIEN FROM PROPERTY OF liAMPTON SANDERS
The County Attorney's office had prepared a resolution releasing a welfare
lien from the property of Mr. Hampton Sanders.
Comm. Wright moved that this resolution be adopted as presented. The motion
having been duly seconded by COIlUD. Davis, it was adopted by a unanimous vote.
A copy of this resolution, as signed by the Commissioners, is contained in Exhibit
Book II, Page 40, and in the Clerk of Court's office.
BOY SCOUT TROOP 243 TO USE COUNTY BUILDING
Boy Scout Troop 243, sponsored by the New Hanover County Sheriff's Department,
had requested that they be permitted to use one of ;:he vacant buildings at the old
county farm for a meeting place; and storage of scou;: equipment.
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MINUTES OF REGULAR MEETING, OCTOBER 21, 1974 (CONTINUED)
BOY SCOUT TROOP 243 TO USE COUNTY BUILDING
County Manager Eller recommended that, if the Commissioners approved the use
of the building, the County Attorney prepare an agreeme~t which specified the uses
to be made of the building and which released the County from any liability for
injury or damage to persons or property due to the use qf the building by the
Boy Scouts. !
Upon motion by Comm. O'Shields, seconded by Comm. ~right, Boy Scout Troop 243
was unanimously permitted to use one of the vacant buildings at the old county farm
and the County Attorney was requested to prepare the proper agreement.
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BID AWARD - DENTAL EQUIPMENT
County Manager Eller reported that bids had been requested for dental equipment
in the Health Department on two occasions. He stated that the first time only two
bids had been received and the second time, only one complete bid had been received,
which was from Walker-Sizer Dental Supply in the amount of $7,723.37. . The other
bid received had been from Thompson Dental Company in the amount of $7,513.70 but
did not contain a bid bond.
County Manager Eller stated that he and Dr. Knox recommended that the bid award
go to Walker-Sizer Dental Supply.
Upon motion by Comm. Wright, seconded by Comm. Davis, the bid award for the
contract for dental equipment for the Health Department was unanimously awarded to
Walker-Sizer Dental Supply with the understanding that the County Manager would
furnish background information to the Commissioners on the requests for bids.
CHAMBER OF COMMERCE ADVERTISING BUDGET
Mr. William R. Burns of the Advertising Committee for the Chamber of Commerce
and Mr. H. Van Reid, Executive Director of the Chamber of Commerce, appeared before
the Board to present the proposed advertising budget for the funds allocated by
New Hanover County, which was as follows:
A. MEDIA: display ads in newspapers, magazines, and other
publications determined by the Tourism Promotio~ Task
Force that will provide optimum returns. '
$24,900
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B. VACATION/TRAVEL SHOWS: expense incurred in participa-
tion in vacation/travel shows selected by the Tourism
Promotion Task Force.
1,600
C. VACATION KITS: cost of preparing and mailing vacation
kits to persons responding to media and other p:romo-
tional efforts.
2,500
D. COMMUNITY INFORMATION PUBLICATIONS: design and repro-
duction of community publications to properly d(~scribe
all facets of the community.
3,000
E. BROCHURES: Preparation and production of brochures
and similar type printed pieces to promote New Hanover
County as a vacation, shopping center and area eultural
center.
3,000
F. SPECIAL PROJECT: development of a special spring-
summer tourism promotion project that will be eligible
for a matching funds grant from the North Caro1:,lna
Department of Natural and Economic Resources '
5,000
TOTAL
$40,000
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Comm. Davis moved, seconded by Comm. O'Shields, that this advertising budget
be approved as presented. Upon vote, motion carried as follows:
Voting Aye: Comm. Davis, O'Shields, and Chm. Powelj,_,
Voting Noe: Comm. Vaughan and Wright. (For Addition See Page 39.)
By common consent, it was agreed to request that the Chamber of Commerce include
"New Hanover County" where praticable on printed materials. (For Addition see Page 39.)
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MINUTES OF REGULAR MEETING, OCTOBER 21, 1974 (CONTIKUED)
AWARD OF CONTRACT - SHERIFF'S DEPARTMENT UNIFORMS
County Manager Eller reported that bids had bee:n requested on two occasions
for furnishing uniforms to the Sheriff's Department and that the only bidder on
both occasions had been The Fechheimer Brothers Company. Their bid was as follows:
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Jackets
Winter Trousers
Summer Trousers
Winter Felt Hats
Summer Straw Hats
Sergeant's Chevrons
Silk Embroidered Stars or Bars
$77.00 each
35.00 per pair
30.00 per pair
16.95 each
12.95 each
3.50 per pair
.50 each
County Manager Eller stated that he and Sheriff Grohman recommended that the
contract be awarded to The Fechheimer Brothers Company in the amounts listed above.
Comm. Vaughan moved, seconded by Comm. Davis, that the contract be awarded
to The Fechheimer Brothers Company with the understanding that the County Manager
would furnish background information to the Commissi.oners on the request for bids.
Upon vote, motion carried unanimously.
SCHOOL PENSION SYSTEM - PAYMENT TO H. GRAY HUTCHISON & ASSOCIATES
Comm. Vaughan moved, seconded by Comm. Davis, that $500 be transferred from
General Fund Non-Departmental Miscellaneous Expense, Account #11 660 57, to
Governing Body, Professional Services, Account #11 410 04, to pay the additional
expense authorized by the County Commissioners to set up the administrative pro-
cedures for the ongoing administration of the School Supplementary Pension Plan
to H. Gray Hutchison and Associates, Inc. Upon vote, motion carried as follows:
Voting Aye: Comm. Davis, O'Shields, Vaughan, and Chm. Powell.
Voting Noe: Comm. Wright.
This action was amended later in the meeting.
9, 1974, had approved acceptance
provide for the hiring of one
amend the budget accordingly.
County Manager Eller recommended that the budge't be amended as follows to
account for this State Grant.
1) Appropriate the sum of $6,492 to the revenue item, Dental Program, in
the Health Fund, Account #44 361 l4;
2) Appropriate the sum of $4,572 to the expend.iture item, Salaries,
Account #44 590 02;
3) Appropriate the sum of $267 to the expenditure item, FICA, Account #44 590 05;
4) Appropriate the sum of $141 to the expenditure item, Group Insurance,
Account 1144 590 06.
5) Appropriate the sum of $312 to the expenditure item, Retirement,
Account #44 590 07; and
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6) Appropriate the sum of $1,200 to the expenditure item, Auto Allowance,
Account #44 590 10.
Upon motion by Comm. Davis, seconded by Comm. loJright, the budget was unanimously
amended as recommended by County Manager Eller.
SCHOOL PENSION SYSTEM - PAYMENT TO H. GRAY HUTCHISON & ASSOCIATES
Comm. Vaughan moved, seconded by Comm. Wright, that the motion to ~ransfer $500
from General Fund Non-Departmental, Miscellaneous Expense, Account #11 660 57, to
Governing Body, Professional Services, Account #11 lflO 04, be rescinded and that
the funds to pay H. Gray Hutchison & Associates for their additional expense in
setting up the administrative procedures for the ongoing administration of the
School Supplementary Pension Plan be paid from the Bchool Pension Fund, Account
#51 660 08. Upon vote, motion carried unanimously.
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MINUTES OF REGULAR MEETING, OCTOBER 21, 1974 (CONTINUED)
ACCEPTANCE OF LEAA GRANT AWARD FOR STAFFING AT JUVENILE SERVICES CENTER
County Manager Eller reported that the County had received a grant offer of
$70,459 Federal Funds and $1,957 State Funds for the cost of staffing the Juvenile
Services Center. Mr. Eller stated that he and Mr. Knopf recommended that the Com-
missioners accept the grant award and authorize the County Manager to execute the
contract.
Upon motion by Comm. Vaughan, seconded by Comm. Davts, County Manager Eller
was unanimously authorized to execute the contract for staffing at the Juvenile
Services Center.
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ACCEPTANCE OF LEAA GRANT AWARD - CRIME SCENE INVESTIGATION
County Manager Eller reported that the County had r~ceived a grant award of
$13,160.10 Federal Funds and $731.11 State Funds for the'establishment of an
I. D. Unit in the Sheriff's Department as provided for in the 1974-1975 budget.
Mr. Eller stated that he and Sheriff Grohman recommended that the Commissioners
accept this grant award and authorize the County Manager to execute the contract.
Upon motion by Comm. Davis, seconded by Comm. O'Shields, the County Manager
was unanimously authorized to execute the contract for tIle I. D. Unit.
RESOLUTION SETTING FORTH BOND FORM - CAPE FEAR TECHNICAL INSTITUTE
Comm. Davis presented the following resolution and moved that it be adopted:
WHEREAS, the bond order hereinafter described has taken effect and it is
desirable to make provision for the issuance of the bond~ authorized by said bond
order; NOW, THEREFORE,
BE IT RESOLVED by the Board of Commissioners of the County of New Hanover as
follows:
1. The County of New Hanover (hereinafter referred to as "County") shall
issue its bonds of the aggregate principal amount of $3,675,000 pursuant to and
in accordance with the bond order entitled "Bond Order al'Jthorizing the issuance
of $3,675,000 Technical Institute Bonds of New Hanover County," adopted by the
Board of Commissioners of the County on September 18, 1912. Each of said bonds
shall be designated "Technical Institute Bond". The period of usefulness of the
1
capital project to be financed by the issuance of the bonds is a period of forty
years, computed from November 1, 1974.
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2. The bonds shall be of the denomination of $5,000 each, shall be numbered
from 1 upwards in the order of their maturity, and shall;be payable in annual
installments on May 1 in each year as follows, viz.:
$100,000 in each of the years 1976 to 1986, inclusive,
$125,000 in each of the years 1987 to 1989, inclusive,
$150,000 in the year of 1990
$200,000 in the year of 1991
$400,000 in each of the years 1992 to 1995, inclusive, and
$250,000 in the year of 1996
3. The bonds shall be dated November l, 1974 and s~all bear interest from
their date at a rate which shall be hereafter determined~upon the public sale
thereof and such interest shall be payable semi-annually on May 1 and November 1.
4. The bonds shall be coupon bonds, registrable as to principal only, and
shall bear the facsimile signature of the Chairman and t~e Clerk of the Board of
Commissioners. A facsimile of the corporate seal of the County shall be imprinted
upon each of the bonds. Each of the interest coupons to'be attached to the bonds
shall be authenticated by the facsimile signature of said Clerk.
I),
5. Both principal of and interest on the bonds shall be payable at the
principal office of Wachovia Bank and Trust Company, N. A., in the City of
Winston-Salem, North Carolina, or at the option of. the holder or registered owner,
at the principal office of First National City Bank, in the Borough of Manhattan,
City and State of New York, in such coin or currency of the United States of
America as at the time of payment shall be legal tender for the payment of public
and private debts. '
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MINUTES OF REGULAR MEETING, OCTO~ER 2l, 1974 (CONTlriuED)
\
RESOLUTION SETTING FORTH BOND ,FORM - CAPE FEAR TECHNICAL INSTITUTE (CONTINUED)
6. Each of the bonds and: the interest coupons representing the interest
payable thereon and the provisions for the registration of the bonds and for the
approval of the bonds by the Secretary of the Local Government Commission to be
endorsed thereon shall be in substantially the following form:
(Form of Bond)
No.
No.
UNITED STATES OF AMERICA
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
$5,000
$5,000
TECHNICAL INSTITUTE BOtID
The COUNTY OF NEW HANOVER (hereinafter referred to as "County"), a county of
the State of North Carolina, for value received hereby promises to pay to the
bearer of this bond, or, if it be registered, then to the registered holder, the
principal sum of
FIVE THOUSAND DOLLARS ($5!,000)
on May 1, 19_, and to pay interest thereon from thE! date of this bond until it
shall mature at the rate of per centum (_____%) per annum, payable semi-
annually on May 1 and November 1 in each year, upon presentation and surrender of
the coupons therefor attached hereto, as they severally mature. Both principal
of and interest on this bond are payable at the principal office of Wachovia Bank
and Trust Company, in the City of Winston-Salem, North Carolina, or, at the option
of the holder or registered owner, at the principal office of First National City
Bank, in the Borough of Manhattan, City and State of New York, in such coin or
currency of the United States of America as at the time of payment shall be legal
tender for the payment of public and private debts.
This bond may be registered as to principal only by the holder in his name on
the bond register of the County kept in the office of the Bond Registrar of the
County, and such registration shall be noted hereon by said Bond Registrar. If so
registered, this bond may be transferred on said bond register by the registered
owner in person or by attorney, upon presentation of this bond to the Bond Regis-
trar with a written instrument of transfer in a form approved by said Bond Regis-
trar and executed by said registered owner. If this bond be so registered, the
principal shall thereafter be payable only to the person in whose name it is
registered, unless this bond shall be discharged from registry by being registered
as payable to bearer. Such registration shall not affect the negotiability of
the coupons which shall continue to pass by delivery.
This bond is issued pursuant to Subchapter IV of The Local Government Finance
Act and a bond order duly adopted by the Board of Commissioners of the County on
September 18, 1972 to finance the erection, enlargement and equipment of a building
or buildings in New Hanover County for use by Cape I~ar Technical Institute,
including the acquisition of the necessary land or rights-in-land. The issuance
of this bond and the contracting of the indebtednesE: evidenced thereby have been
approved by a majority of the qualified voters of the County voting at an election
duly called and held in the County on November 7, 1972.
It is hereby certified and recited that all cOL,ditions, acts and things required
by the Constitution or statutes of the State of North Carolina to exist, be per-
formed or happen precedent to or in the issuance of this bond, exist, have been
performed and have happened, and that the amount of this bond, together with all
other indebtedness of the County, is within every de:bt and other limit prescribed
by said Constitution or statutes. The faith and credit of the County are hereby
pledged to the punctual paymen~ of the principal of and interest on this bond in
accordance with its terms.
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MINUTES OF REGULAR MEETING, OCTOBER 21, 1974 (CONTINUED)
RESOLUTION SETTING FORTH BOND FORM - CAPE FEAR TECHNICAL INSTITUTE (CONTINUED)
IN WITNESS WHEREOF, the County has caused this bond to bear a facsimile of the
signature of the Chairman and Clerk of its Board of Commissioners, and a facsimile
of the corporate seal of the County to be imprinted hereon, and the annexed coupons
to bear the facsimile signature of said Clerk and this bond to be dated November 1,
1974.
SEAL
(fac:simile signature)
Chairman, Board of Commissioners
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(fac:simile signature)
Clerk, 'Board of Commissioners
(Form of Coupon)
No.
$
May
On the 1st day of November, 19___, the COUNTY OF N~W HANOVER, a county of the
State of North Carolina, will pay to bearer
DOLLARS ($ )
at the principal office of Wachovia Bank and Trust Comp~ny in the City of
Winston-Salem, North Carolina, or, at the option of the'holder or registered owner,
at the principal office of First National City Bank, in the Borough of Manhattan,
City and State of New York, in such coin or currency of the United States of America
as at the time of payment shall be legal tender for the payment of public and pri-
vate debts, being the semi-annual interest then due on i.ts Technical;Institute Bond,
dated November 1, 1974, No.
(facsimile signature)
Clerk, Board of Commissioners
.1)
(Endorsement on Bond)
The within bond has been registered
as to principal only, as follows:
Date of
Registration
Name of Registered
Holder
Signature of
Bond Registrar
The issue hereof has been approved
under the provisions of The Local
Government Bond Act
H. E. BOYLES
Secretary of the Local Government Commission
Designated Assistant
fj
By:
7. The County Finance Officer is hereby authorized and directed to provide
a suitable bond register for the registration of said bonds and to act as Bond
Registrar in registering said bonds and to carry out the provisions set forth in
said bonds for the conversion of said bonds into registered bonds and for the
transfer thereof.
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MINUTES OF REGULAR MEETING, OCTOBER 2l, 1974 (CONTINUED)
RESOLUTION SETTING FORTH BOND FORM - CAPE FEAR TECHNICAL INSTITUTE (CONTINUED)
8. The Local Government Commission of North Carolina is hereby requested to
sell said bonds and to state in the Notice of Sale of said bonds that bidders may
name one rate of interest for part of said bonds and another rate or rates for the
balance of said bonds. Said bonds shall bear interest at such rate or rates as
may be named in the proposal to purchase said bonds which shall be accepted by
said Local Government Commission.
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. 9. The Chairman and the Clerk of the Board of Commissioners are hereby
authorized and directed to cause said bonds to be prepared and, when they shall
have been duly sold by said Local Government Commission, to execute said bonds
and to turn said bonds over to the State Treasurer nf North Carolina, for delivery
to the purchaser or purchasers to whom they may be sold by said Local Government
Commission.
The motion having been duly seconded, and the resolution having been con-
sidered, it was adopted. The vote on the adoption of the resolution was as
follows:
AYES: Comm. Davis, O'Shields, Wright, and Chm. Powell.
NAYS: Comm. Vaughan.
REQUEST FOR STREET PAVING - BOARD OF EDUCATION
County Manager Eller advised that the Board of Education had received a request
that they join a petition to the City of Wilmington to have 12th Street paved between
Dawson and Marstellar Streets. He stated that the City's policy was that the cost
of paving be borne on a 50/50 basis by the property owner and the City with the
property owner paying 100 percent of driveways and E:idewalks. He stated that the
City Engineer had advised the Board of Education that the cost of paving their
portion would be $6,000 and that Dr. Bellamy had requested that the Commissioners
give the Board of Education an indication as to whether or not they would agree
to providing the funds for this purpose.
.
County Manager Eller reminded the Commissioners of Mr. Charles Sloan's request
for participation in paving of streets in Hillsdale Subdivision near College Park
School.
Comm. Wright moved, seconded by Comm. Vaughan, that this matter be referred to
the Board of Education and that they obtain the $6,000 from their budget to take
care of this. Upon vote, motion carried unanimously.
RATIFICATION OF JOINT RESOLUTION NO. 5 - CIVIL PREP1\REDNESS
Comm. O'Shields offered the following resolution and moved its adoption as
requested by Gen. Andrew H. Harriss, Jr., Coordinator, Civil Preparedness.
WHEREAS, it is of paramount importance that adHquate safe shelter be provided
for every inhabitant of New Hanover County, permanent or transient, against nuclear
fallout; and
WHEREAS, it is the purpose and responsibility of CIVIL PREPAREDNESS, NEW HANOVER
COUNTY to prepare the COMMUNITY SHELTER PLAN (CSP) to camera readiness in anticipation
of a possible disaster involving nuclear fallout contamination; and
WHEREAS, it is essential that there will be the continuity of operation within
the five (5) local governments during an emergency :Lnvolving nuclear fallout
contamination; and
.
WHEREAS, each of the five (5) local political subdivisions; to wit: New Hanover
County-at-Large, City of Wilmington and the Towns of Carolina Beach, Kure Beach
and Wrightsville Beach, North Carolina, have ratified and recorded the preceding
Joint Resolutions 1 to 4, inclusive;
NOW, THEREFORE BE IT FURTHER RESOLVED that it shall be the policy and purpose
of each and every local government to provide the maximum available protection
against nuclear fallout and other hazardous conditions created by disaster, to all
inhabitants, whether permanent, temporary or transient. This optimum result can
be achieved by the adoption of a mandatory minimum-standard code, which will
require the inclusion of engineering slanting techn:Lques and the provision of
shelter in all public buildings to the extent econotnically feasible and practicable.
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MINUTES OF REGULAR MEETING, OCTOBER 21, 1974 (CONTINUED)
RATIFICATION OF JOINT RESOLUTION NO. 5 - CIVIL PREPAREDN.ESS (CONTINUED)
The motion having been duly seconded by Chm. Powell, the resolution was adopted
by the following vote:
Voting Aye: Comm. Davis, O'Shields, Vaughan, and Chm. Powell.
Voting Noe: Comm. Wright.
BUDGET TRANSFER - MENTAL HEALTH
County Manager Eller recommended that the following budget transfers be approved
so that all the funds budgeted for the construction of the new Mental Health Building
would be placed in one account, which would facilitate ~onitoring of the expenditures.
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1) Transfer the sum of $10,162 from Mental Health Capital Reserve, Professional
Services, Account #75 590 04, to Mental Health Operating Fund, Capital
Outlay - Building, Account #47 590 72
2) Transfer the sum of $257,363 from Mental Health Capital Reserve, Contracted
Construction, Account #75 490 46, to Mental He~lth Operating Fund, Capital
Outlay - Building, Account #47 590 72. !
3) Transfer the sum of $13,475 from Mental Health Operating Fund, Professional
Services, Account #47 590 04, to Mental Health Operating Fund, Capital
Outlay - Building, Account #47 590 72.
Upon motion by Comm. Vaughan, seconded by Comm. Davis, these transfers of funds
were unanimously approved as recommended by County Manager Eller.
REPORT ON COLE-LAYER-TRUMBLE COMPANY
County Manager Eller reported the following on Cole-Layer-Trumble Company.
1) That he and Tax Admistrator Powell had established a weekly meeting each
Wednesday to review the situation and talk over any problems with repre-
sentatives of Cole-Layer-Trumble.
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2) That Cole-Layer-Trumble had furnished a revised schedule which would push
the County staff considerably to keep up with reviews.
3) That they would ask Cole-Layer-Trumble to reimburse the County on all of
its expenses caused by this delay.
4) That at the meeting on Wednesday, October 16, the indication was given
that the work being done was of a better quality.
5) That, in order to eliminate the necessity for taxpayers to come in
physically and list their property, he would recommend that the listing
period be deferred to begin on January 15 through February 15, which would
give the County time to review the work, prepare the abstracts and mail them
out. The delay in listing period was agreed to by common consent as recom-
mended.
TAX ABATEMENTS AND REFUNDS
Upon motion by Comm. Davis, seconded by Comm. Wright, the requests for tax
abatements and refunds contained in Tax Administrator Larry Powell's memorandum
dated October 15, 1974, were unanimously approved as requested. This memorandum
is contained in Exhibit Book II, Page 41.
WILMINGTON CHEMICAL COMPANY - RELEASE OF LISTING PENALTY
Tax Administrator Larry Powell had submitted a requr::!st that listing penalty
in the amount of $6,661.94 for Wilmington Chemical Company be released in that the
taxpayer and the taxing jurisdiction had not been aware that the captioned property
was a taxable item until April 24, 1974, when the Attorney General had rendered an
opinion to that effect. ;
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Upon motion by Comm. Davis, seconded by Comm. Wright, the listing penalty in
the amount of $6,661.94 for Wilmington Chemical Company was unanimously released
as requested. .
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MINUTES OF REGULAR MEETING, OCTOBER 21, 1974 (CONTINUED)
REPORT OF COLLECTOR OF REVENUE
Upon motion by Connn. Davis, seconded by Comm. O'Shields, the Report of Collector
of Revenue, Janie B. Straughn, for collections through September 30, 1974, was
unanimously accepted by the Board. This report is contained in Exhbit Book II,
Page 42.
COUNTY RECREATION PLAN
County Manager Eller advised that the City of Wilmington planned to contract
with a recreation planning consultant to prepare a City Recreation Plan in this
fiscal year. He stated that the City Manager, Recreation Director, Planning Director
and County Manager were in agreement that it would be preferable for a County
Recreation Plan to be developed concurrently with the City's Plan. The Planning
Department would perform all of the data gathering and population and land use
projections for use by the consultant.
County Manager Eller recommended that the Commissioners authorize the Planning
Department to include New Hanover County in preparing requests for proposals from
recreation planning c.onsultants for the preparation of a mas,t:er Parks and Recreation
Plan for Wilmington an~:New Hanover County. .
Chm. Powell moved, se~onded by Comm. O'Shields, that the Commissioners
authorize the Planning Department to include New Hanover County in getting quotes
from recreation planning consultants. Upon vote, motion carried as follows:
Voting Aye: Comm. Davis, O'Shields, and Chm. Powell.
Voting Noe: Comm. Vaughan and Wright.
Comm. Wright stated that she was voting "noe" because she could not see paying
to get another study to sit on the shelf for 1-2 years because the funds were not
available to get something done.
PRESENTATION OF PLANS, DRAWINGS AND MODELS OF PROPOSED COUNTY GOVERNMENT COMPLEX
Mr. George Hartman of Ballard, McKim & Sawyer - Hartman-Cox, Associated Archi-
tects, gave a slide presentation and presented the scale model of the proposed
County Government Complex.
Comm. Vaughan moved that the Chairman appoint ~ committee of Comm. O'Shields
and Comm. Davis to work with the County Manager to set up a schedule of immediate
accelerated contact of interested people to see if they could get the maximum
cross-section of the community to see the proposed complex and that the hearing
be held at Roland-Grise School, if available, and tlat contact be made with the
media and efforts be made to get them involved to really get over to the people
where the location of the hearing was to be and what the complex was. Motion died
for lack of a second.
Chm. Powell moved, seconded by Connn. Wright, Llat the public hearing on the
County Government Complex be held in the Superior Courtroom rather than the County
Commission Building. Upon vote, motion carried unanimously.
Chm. Powell moved, seconded by Comm. O'Shields, that County Manager Eller take
whatever action he deemed appropriate and felt to be most effective to try to get
up some sort of contact campaign with community leaders to assure that the public
hearing had as much turn-out as possible.
Comm. Vaughan offered the substitute motion that Comm. O'Shields be allowed
to participate with the County Manager. Substitute motion died for lack of a second.
Upon vote, original motion 'carried as follows:
Voting Aye: Comm. Davis, O'Shields, and Chm. Powell.
Voting Noe: Comm. Vaughan and Wright.
Comm. Vaughan moved that Connn. Wright be authorized to represent the Commission
at the public hearing and that all other Commissionl~rs be excused from attending.
Motion died for lack of a second.
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MINUTES OF REGULAR MEETING, OCTOBER 21, 1974 ,(CONTINUED)
EXECUTIVE SESSION
Comm. O'Shields
to go into executive
carried as follows:
moved, seconded by Chm. Powell, that the meeting be recessed
session to discuss property acquisition. Upon vote, motion
Voting Aye: Comm. Davis, O'Shields, Wright, and Chm. Powell.
Voting Noe: Comm. Vaughan.
Chm. Powell recessed the meeting to go into executive session at 4:10 p.m.
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Chm. Powell recessed the executive session to go into regular session at 4:30 p.m.
DISCUSSION OF PLASTIC SEWER PIPES
Mr. William Melton and Mr. Chuck Walker appeared before the Board to address the
Commissioners with regard to the underground installation of plastic sewer pipes in
New Hanover County.
Mr. Richard Epling, County Engineer, and Mr. Louis R. Smith, Jr., Plumbing
Inspector, also appeared before the Board in this regard~
Chm. Powell recommended that County Manager Eller, County Engineer Epling, and
Plumbing Inspector Smith attempt to resolve the conflicting stories and come back
with a recommendation to the Commissioners on the situat:lon. This was agreed to by
common consent.
PURCHASE CONTRACT - SHERIFF'S DEPARTMENT VEHICLES
County Manager Eller presented the following bids for patrol cars for the
Sheriff's Department, which had been opened on October 16, 1974.
Cape Fear Motor Sales, Inc. (Ford)
Tom Reich Chevrolet, Inc. (Chevrolet)
Harriss Pontiac, Inc. (Pontiac)
Port City Chrysler- Plymouth (Plymouth)
$4,460.5B per car + $89.21 Sales Tax
$4,549.9) per car + $91.00 Sales Tax
$4,589.5? per car + $91.79 Sales Tax
No Bid '
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Chm. Powell moved, seconded by Comm. Davis, that the contract award go to the
low bidder with a December 1 delivery date and, if they eould not make the
December 1 delivery date, go to the next low bidder until you found one that could
make the December 1 delivery date. Upon vote, motion carried unanimously.
Comm. Davis requested that the Board agree by common consent to write Port
City Chrysler-Plymouth and apologize for any inconvenienee caused them the previous
year. This was not agreed to by common consent.
APPOINTMENT TO NEW HANOVER COUNTY ZONING BOARD OF ADJUSTrmNT
By common consent, Mr. Wilson Craig was appointed to the New Hanover County
Zoning Board of Adjustment to fill the unexpired term of Dr. C. E. Hartford, which
was to expire on November 15, 1974, and for the following term to expire
November 15, 1977, subject to his acceptance of this appointment.
ADJOURNMENT
Comm. Davis moved, seconded by Comm. O'Shields, that: the meeting be adjourned.
Upon vote, motion carried unanimously.
Chm. Powell adjourned the meeting at 5:55 o'clock p~m.
,
Respectfully submitted,
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Lise K. King
Clerk to the Board
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