1975-02-03 Regular Meeting
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MINUTES OF SPECIAL MEETING, JANUARY 27, 1975 (CONTI1WED)
ADJOURNMENT
Comm. O'Shields moved, seconded by Comm. Wright, that the meeting be adjourned.
Upon vote, motion carried as follows:
Voting Aye: Comm. O'Shields, Vaughan, Wright, and Chm. Davis.
Absent: Comm. Alper.
Chm. Davis adjourned the meeting at 12:20 o'clock p.m.
Respectfully submitted,
Lise K. King
Clerk to the Board
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MINUTES OF REGULAR MEETING, FEBRUARY 3, 1975
ASSEMBLY
The New Hanover Board of County Commissioners met in regular session on Monday,
February 3, 1975, at 9:00 o'clock a.m. in the Assembly Room, County Commission
Building, Wilmington, North Carolina.
Members present were Commissioners George E. Alper; Claud O'Shields, Jr.;
M. H. Vaughan; Vivian S. Wright; Chairman Peter R. Davis; County Manager,
Dan W. Eller; County Attorney, James C. Fox; and ClE~rk to the Board, Lise K. King.
No members were absent.
Chm. Davis called the meeting to order.
Rev. Robert D. Cook of St. James Episcopal Church offered the invocation.
PUBLIC HEARING
Chm. Davis opened the public heating to discussion.
PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE RECOMMENDATION OF THE PLANNING
COMMISSION TO REZONE PROPERTY ON THE WEST SIDE OF S.R. 1576 APPROXIMATELY 455 FEET
SOUTH OF THE INTERSECTION OF CAROLINA BEACH ROAD (U.S. HWY. 421) AND S.R. 1576
FROM R-15 (SINGLE FAMILY DISTRICT) TO R-lO (SINGLE FAMILY DISTRICT) IN ZONING AREA #4.
Planning Director Richard A. Fender stated that the Planning Commission had
heard this request at their meeting of November 6, 1974, and had recommended that
this request be denied. He stated that the Planning Staff concurred with this recom-
mendation.
This item had been tabled by the County Commissioners at their meetings of
December 16, 1974, anp January 20, 1975, at the request of the Petitioner.
The following persons appeared before the Board supporting this request:
Mr. James D. Smith, Attorney at Law, representing the Petitioner; Mrs. Sara Taylor,
the Petitioner; and Rev. S. L. Doty, Jr., Pastor of Battle Park Baptist Church.
The following persons appeared before the Board in opposition to this request.
R. C. Parker and Mr. A. L. Hinson.
Planning Director Fender presented two petitions, one for and one against this
request. He also presented three letters supporting this request. These items are
contained in Exhibit Book II, Page 57.
Chm. Davis moved, seconded by Comm. O'Shields, that this request for rezoning
be denied as recommended by the Planning Commission and Planning Staff. Upon vote,
motion carried unanimously.
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MINUTES OF REGULAR MEETING, FEBRUARY 3, 1975 (CONTINUED)
DISCUSSION WITH LEGISLATORS OF TAX REVALUATION PROGRAM
Senator W. G. Smith and Representatives S. Thomas R~odes and B. D. Schwartz
appeared before the Board to discuss the tax revaluation 'program.
Senator Smith stated that he had asked for a ruling from the Attorney General's
office regarding the constitutionality of deferring putting into effect the
octennial revaluation for one year and that, if it were ~onstitutional, he would
introduce legislation to this effect.
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Chm. Davis asked for a vote from the Board members vhether they should go back
to the public hearing or continue the discussion of the tax revaluation program.
The majority ruled by a vote of four to one that they should go back to the public
hearing; Comm. Wright voting "noe."
PUBLIC HEARING
The Clerk to the Board reported to the Board of Cow~issioners that notice of a
public hearing had been published in the Wilmington Morn~ng Star on January 11 and
January 18, 1975, with notice that the Board of Commissioners would hold a public
hearing on Monday, February 3, 1975, at 9:30 o'clock a.m. with regard to the
following application for special use permit and propose;i amendments to the New Hanover
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County Zoning Ordinance.
Chm. Davis opened the public hearing to discussion.
PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A SPECIAL USE PERMIT TO USE
PROPERTY ON THE EAST SIDE OF BLUE CLAY ROAD JUST SOUTH OF HIGHLAND DUNES SUBDIVISION
FOR STABLES IN ZONING AREA #8A. !
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Planning Director Richard A. Fender stated that the Planning Commission had heard
this request at their meeting of January 8, 1975, and had recommended that this special
use permit be issued based on the following conditions: :
1) Plan as submitted with the application for spec:lal use permit;
2) No sign shall be erected on either the premises or Blue Clay Road relating
to the stable or the blacksmith or saddle shop ~xcept as to identify the
total development known as Black Horse Run; and,
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3) A sign no larger than 2 square feet shall be permitted relating to the
blacksmith or saddle shop provided said sign is' attached to the main building.
Chm. Davis asked if there were anyone present to oppose the issuance of this
special use permit, and no one spoke in opposition.
After the Commission had considered the following f9ur 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 co~formity with the plan of
development for New Hanover County, Comm. O'Shields moved, seconded by Comm. Wright,
that this special use permit be issued based on the same~ conditions as recommended
by the Planning Commission. Upon vote, motion carried u~animously.
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PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE NEW HA~OVER COUNTY ZONING
ORDINANCE.
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Planning Director Richard A. Fender presented proposed amendments to the New
Hanover County Zoning Ordinance which had been approved ~"y the Planning Commission
at their meeting of January 8, 1975.
Upon motion by Chm. Davis, seconded by Comm. Alper, the following amendments
to the New Hanover County Zoning Ordinance were unanimou~ly approved by the Board.
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MINUTES OF REGULAR MEETING, FEBRUARY 3, 1975 (CONTINUED)
AMENDMENTS TO THE NEW IIANOVER COUNTY ZONING ORDINA~CE (CONTINUED)
Amend Article V and VII by adding the following:
1. Article V, Section 55-3:
(8)
(9)
(10)
Automobile paint shop, body repair and/or frame shop.
Cabinet and woodworking shops with retail sales.
Machine and welding shop including the assembly of pre-
fabricated materials and component parts.
Heating and air conditioning shop ineluding the assembly
of prefabricated materials and component parts.
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(11)
2. Article VII, Section 72:
,
72-21 Automobile Paint Shop, Body Repair, and/or Frame Shop -
An automobile paint shop, body repair and/or frame shop
may be permitted in the B-2 BusineBs District subject to
the- dimensional requirements of thl~ District and provided
that:
(1) All work is conducted entirely within enclosed
structures: so as to protect surrounding properties
from objectionable characteriBtics of such uses;
(2) No outside storage of junk vehicles shall be
permit ted;
(3) Off-street parking meets the requirements of
Article VIII of this OrdinancE~; and
(4) A paved or otherwise improved driveway with ingress
and egress directly onto a public street is provided.
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72-22 Cabinet and Woodworking Shop with Retail Sales - A cabinet
and woodworking shop with retail sales may be permitted in
the B-2 Business District subject to the dimensional require-
ments of the District and provided that:
(1) All work is conducted entirel)' within enclosed
structures so as to protect surrounding properties
from objectionable characteristics of such uses;
(2) No outdoor storage of scrap or excess wood shall be
permitted unless approved as to landscape buffering;
(3) Off-street parking meets the requirements of Article
VIII of this Ordinance; and
(4) A paved or otherwise improved driveway with ingress and
egress directly onto a public street is provided.
72-23 Machine and Welding Shop Including the Assembly of Pre-
fabricated Materials and Component Parts - A machine and
welding shop including the assembly of prefabricated
materials and component parts may ce permitted in the B-2
Business District subject to the dimensional requirements of
the District and provided that:
.
(1) All manufacturing operations are conducted so as to
protect surrounding properties from objectionable
characteristics of such uses;
(2) No outdoor storage of any materials or parts shall be
permitted unless approved as to landscape buffering;
(3) Off-street parking meets the requirements of Article
VIII of this Ordinance; and _
(4) A paved or otherwise improved driveway with ingress
and egress onto a public street is provided.
72-24
Heating and Air Conditioning Shop IJ.cluding the Assembly of
Prefabricated Materials and Component Parts - A heating and
air conditioning shop including the assembly of prefabricated
materials and component parts may be permitted in the B-2
Business District subject to the dimensional requirements of
the District and provided that:
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MINUTES OF REGULAR MEETING, FEBRUARY 3, 1975 (CONTINUED)
AMENDMENTS TO THE NEW HANOVER COUNTY ZONING ORDINANCE (CONTINUED)
(I) All work is conducted so as to protect surrounding
propertie$ from objectionable characteristics of such
(2)
uses;
No outdoor storage of any materials or parts shall be
permitted unless approved as to landscape buffering;
Off-street parking meets the requirements of Article VIII
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of this Ordinance; and '
A paved or otherwise improved drivevay with ingress and
egress onto a public street is provided.
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(3)
(4)
PROCLAMATION - HUMAN RELATIONS WEEK
Rev. Rufus Stark, Chairman of the Wilmington Human Relations Commission, appeared
before the Board along with Mr. Bill Jessup, Mr. Barry S. Rosen, Mr. Jack Larson and
Miss Annette Long requesting that Chairman Davis sign a proclamation proclaiming the
week of February 17 - 23, 1975, Human Relations Week.
Comm. O'Shields moved, seconded by Comm. Alper, that Chm. Davis be authorized
to sign the proclamation. Upon vote, motion carried as follows:
Voting Aye:
Comm. Alper, O'Shields, Vaughan, and Chm. Davis.
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Absent:
Comm. Wright. (Absent from the room on this vote.)
DEFERRAL OF REQUESTS FOR EXTENSION OF LISTING TIME
Tax Administrator Larry Powell had submitted a list of taxpayers who had requested
that they be granted additional time for listing 1975 ta:;ces.
Comm. Vaughan moved, seconded by Comm. Alper, that other items not on the agenda
not be brought into this discussion. Upon vote, motion I~arried as follows:
Voting Aye: Comm. Alper, O'Shields, and Vaughan.
Voting Noe: Comm. Wright and Chm. Davis.
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Comm. Wright moved, seconded by Comm. Alper, that the Board extend the listing
period for everyone until March 31, 1975. Comm. Alper withdrew his second when,
in discussion, it was brought out that 29,000 out of 43,900 had already listed their
taxes.
By common consent, it was agreed that the Commission would meet in special
session on Monday, February 10, 1975, at 8:00 o'clock a.m. to consider all requests
for the extension of the listing period.
Comm. Wright stated that she would like for a pub lie notice to run in the paper
advising the taxpayers that they could apply for an extension of the listing period.
Chm. Davis requested the Clerk to place this advertisement in the newspaper.
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SALE OF CITY AND COUNTY PROPERTY - 1005 NORTH FIFTH STREET
Tax Administrator Larry Powell reported that he had: received an offer to purchase
Block 306 SE ~ 4, 1005 North Fifth Street, for $860. He: stated that this property
had been acquired through a tax foreclosure sale on June 25, 1973 at a total cost
of $976.73.
Chm. Davis moved, seconded by Comm. Vaughan, that the Tax Administrator be
authorized to advertise this property for sale as outlined in the Policy for Disposal
of County Real Estate. Upon vote, motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, Vaughan, and Chm. Davis.
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Voting Noe: Comm. Wright
LUNCH RECESS
Chm. Davis recessed the meeting for lunch from 11:5~) o'clock a.m. to 1:00 o'clock p.m.
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MINUTES OF REGULAR MEETING, FEBRUARY 3, 1975 (CONTINUED)
APPOINTMENT OF JOAN COCO AS CHAIRMAN OF THE NEW HANOVER COUNTY
TASK FORCE ON FAMILY PLANNING
Mr. Sid Bradsher, the current Chairman of the New Hanover County Task Force
on Family Planning, appeared before the Board to request the appointment of
Mrs. Joan Coco as his replacement.
Upon motion by Chm. Davis, seconded by Comm. Alper, Mrs. Joan Coco was
unanimously appointed to replace Mr. Sid Bradsher as Chairman of the New Hanover
County Task Force on Family Planning.
DEFERRAL OF TREE PLANTING PROGRAM
Comm. O'Shields moved that the Tree Planting Program as requested by Chm. Davis
and developed by Mr. Durwood Baggett be instituted. Motion died for lack of a second.
Comm. Vaughan moved, seconded by Comm. Wright, that the Tree Planting Program
be tabled until the Commission could get an expression of the feeling of the local
nurserymen regarding the Program. Upon vote, tabling motion carried as follows:
Voting Aye: Comm. Alper, Vaughan, and Wright.
Voting Noe: Comm. O'Shields and Chm. Davis.
TABLING OF CREATION OF FULL-TIME FIRE DEPARTMENT AT NEW HANOVER COUNTY AIRPORT
In order for the County to assume responsibility for fire fighting, the
Airport Manager and County Manager recommended that the Commissioners approve the
establishment of certain positions at the Airport.
Mr. W. S. Funderburg appeared before the Board and stated that he would like
for the Airport Commission to consider this being done as a contracted service.
Comm. Vaughan moved that this item be tabled until the meeting of March 3, 1975,
in order to give Mr. Funderburg the opportunity to appear before the Airport Com-
mission. Upon vote, tabling motion carried unanimously.
PUBLIC HEARING TO BE HELD ON NON-PARTISAN ELECTION OF COUNTY COMMISSIONERS
Comm. Vaughan requested that the Board hold a public hearing regarding the
non-partisan election of County Commissioners.
Comm. Wright moved, seconded by Comm. O'Shields, that the Board set a date
for a public hearing.
Chm. 9avis moved that this item be tabled until the Board had had the opportunity
t ~s
to discuss w~th the two party chairmen and that they be invited to meet with the
Board regarding this subject. Upon vote, tabling motion was defeated as follows:
Voting Aye: Chm. Davis.
Voting Noe: Comm. Alper, O'Shields, Vaughan, and Wright.
Upon vote, motion to set a date for a public hearing carried unanimously.
By common consent, the public hearing was set for 10:00 o'clock a.m. on February 17.
APPROVAL OF LEAA GRANT FOR SHERIFF'S DEPARTMENT - COMMUNICATIONS SYSTEM
Chm. Davis offered the following resolution and moved its adoption. The motion
was duly seconded by Comm. O'Shields and carried unanimously.
WHEREAS the New Hanover County Board of Commissioners herein called the
"Applicant" has thoroughly considered the problem addressed in the subgrant appli-
cation entitled New Hanover County Communications and has reviewed the project
described in the application; and
WHEREAS~ under the terms of Public Law 90-351 as amended, the United States
of America has authorized the Law Enforcement Assistance Administration, through
the North Carolina Division of Law and Order to make federal grants to assist local
governments in the improvement of the criminal justice system.
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MINUTES OF REGULAR MEETING, FEBRUARY 3, 1975 (CONTINUED)
APPROVAL OF LEAA GRANT FOR SHERIFF'S DEPARTMENT - COMMUNICATIONS SYSTEM (CONTINUED)
NOW THEREFORE BE IT RESOLVED BY THE NEW HANOVER CO~TY BOARD OF COMMISSIONERS
IN OPEN MEETING ASSEMBLED IN THE CITY OF WILMINGTON, NORTH CAROLINA, THIS 3RD DAY
OF FEBRUARY , 1975, AS FOLLOWS:
I. That the project referenced above is in the best interest of the Applicant
and the general public.
2. That Dan Eller be authorized to file, in behalf of the Applicant, an
application in the form prescribed by the Divis~on of Law and Order for
a subgrant in the amount of $63,630.00 to be maqe to the Applicant to assist
in defraying the cost of the project described tn the application. This
individual shall act as the authorized representative of the Applicant in
connection with all aspects of the application pr.ocess.
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3. That .if the subgrant is made, the Applicant shall provide or make arrange-
ments to provide, a local cash matching contribvtion in the amount of
$3,535.00 and a local in-kind matching contribution valued under LEAA guide-
I .
lines at -0- as required by the Act to defray t~e cost of the proJect.
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4. That the Project Director designated in the apptication form shall furnish
or make arrangements for other appropriate pers?ns to furnish such information,
data, documents and reports pertaining to the p~oject, if approved, as may
be required by the Division of Law and Order. :
5. That certified copies of this resolution be incfuded as part of the appli-
cation referenced above. :
6. That this shall take effect immediately upon it~ adoption.
DONE AND ORDERED in open meeting.
BUDGET TRANSFERS - SHERIFF'S DEPARTMENT
County Manager Eller reported that two accounts in the Sheriff's Department.
having to do with motor vehicles did not have sufficient'funds to carry through the
end of the fiscal year. The appropriation for Gas and 011 was $30,000; there was
a balance in that account of $10,900. The appropriation for Maintenance and Repairs
of Autos was $22,000; there was a balance in that account of $2,800. Projecting
1
the anticipated needs of these two accounts and consider~ng that the County now had
nine new vehicles, it was estimated that the sum of $5,190 should beappIlopriated
to the Automotive Supplies Account (Gas and Oil) and $16~000 should be appropriated
to the Vehicle Maintenance Account.
The County Manager recommended that the sum of $5,IOO be transferred from
Contingencies, Account #ll 445 61, to Automotive Supplie~, Account #ll 510 31, and
that the sum of $16,000 be transferred from Contingencies, Account #ll 445 61, to
,
Maintenance and Repairs - Autos and Trucks, Account #ll 510 17, in the Sheriff's
Department budget. 1
Upon motion by Comm. Vaughan, seconded by Comm. Alper, these budget transfers
were unanimously approved by the Board as recommended.
BUDGET TRANSFERS - JAIL
County Manager Eller reported that Sheriff Grohman and Captain Hobbs had
requested that the sum of $1,000 be transferred from Salaries, Account #ll 520 02,
to Supplies, Account #11 520 33, to provide for the purchase of polaroid film for
use in the Jail for the remainder of the fiscal year and that the sum of $422
be transferred from Salaries, Account #ll 520 02, to Cap~tal Outlay - Equipment,
Account #ll 520 74, to provide for the purchase of a typ~writer to be used in the
Jail for the processing of the new prisoner record systep.
Upon motion by Comm. Vaughan, seconded by Comm. Alper, these budget transfers
in the Jail were unanimously approved by the Board as requested.
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105
MINUTES OF REGULAR MEETING, FEBRVARY 3, 1975 (CONTI1WED)
DISCUSSION OF SHERIFF'S DEPUTIES I,MOONLIGHTING IN DEPUTY UNIFORMS
Mr,. Thomas J. Muno, owner of a private security agency, appeared before the
Board to protest Sheriff's Deputies moonlighting as armed guards in Sheriff's
Department uniforms in competition with his businesB when these men were forbidden
by law to work for his agency.
Comm. Vaughan moved, seconded by Comm. Alper, that this matter be brought
to the attention of the legislators by the County Manager with the idea of per-
. mitting deputies to work for private.surveillance companies to the same degree that
th~ could work for any other business in the County.. Upon vote, motion carried
unanimously.
TABLING OF BUDGET TRANSFER - PLANNING
County Manager Eller presented a request that ,:he sum of $644 be transferred
from Professional Services, Account fill 490 94, to Capital Outlay - Equipment,
Account #ll 490 74, in the Planning Department budg'~t in order to pay the County's
share of the deficit in _the Capital Outlay - Equipment for automobiles.
Comm. Vaughan moved that this budget transfer be approved as requested. Motion
died for lack of a second.
Chm. Davis moved, seconded by Comm. Wright, that this item be tabled until the
Board had received the mileage figures that he had requested in June. Upon vote,
tabling motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, Wright, and Chm. Davis.
Voting Noe: Comm. Vaughan.
TRANSFER OF FUNDS - CIVIC CENTER
County Manager Eller reported that the Civic Center Study Committee .had approved
payment and final invoice from Hammer-Siler-George Associates in the amount of $1,440.
He stated that, under the terms of the contract, th,~ cost of this invoice was to be
shared by the County and the City of Wilmington.
.
County Manager Eller stated that no funds had been budgeted for this purpose
in that he had .not been aware that there were outst"mding payments to be made on
this contract and recommended that the sum of $720 be transferred from Contingencies,
Account fill 445 61, to Professional Services - Governing Body, Account fill 410 04.
Chm. Davis moved, seconded by Comm. O'Shields, that this budget transfer be
approved as recommended by the County Manager. Upon vote, motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, and Chm. Davis.
Voting Noe: Comm. Vaughan and Wright.
APPROVAL OF FINAL SUBDIVISION PLAT - HANOVER PARK SUBDIVISION, SECTION I
Staff Planner Terry Harlacher presented the final plat for Hanover Park Sub-
division, Section 1, for the Board's approval. He stated that this had been ap-
proved by the Planning Commission at their meeting of January 8, 1975.
Concern was expressed by the Board because this subdivision fell within the
90 decibel level around the Airport.
.
Comm. Vaughan moved that this subdivision be approved subject to the homeowners
making a noise easement to the County and, also, that the Planning Department be
instructed to study the matter of a 90 and lIS decibel area zoning. (County Attorney
Fox stated that this stipulation could not be placed on this subdivision in that it
had been approved according to the Subdivision Ordinance.) Comm. Vaughan withdrew
his motion.
Comm. Wright moved, seconded by Comm. Vaughan, that the final plat for Hanover
Park Subdivision, Section 1, be approved and that the Chairman be authorized to
sign it. Upon vote, motion carried unanimously.
By common consent, the County Manager was requested to check with other counties
regarding noise zoning around airports and make an informal report to the Board.
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i06
MINUTES OF REGULAR MEETING, FEBRUARY 3, 1975 (CONTINUED)
APPROVAL OF FINAL SUBDIVISION PLAT - KIMBERLY ESTATES, SECTION 1
Staff Planner Terry Harlacher presented the final plat for Kimberly Estates,
Section 2, for the Board's approval. He stated that the'Planning Commission had
approved this plat at their meeting of January 8, 1975.
Comm. Wright moved, seconded by Comm. O'Shields, th~t the final plat for
Kimberly Estates, Section 2, be approved and that the Ch~irman be authorized to
sign it. Upon vote, motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, Wright, and Chm. Davis.
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Voting Noe: Comm. Vaughan.
RESOLUTION AUTHORIZING SALE OF $1,400,000 SCHOOL BOND ANTICIPATION NOTES
Comm. Vaughan presented the following resolution anq moved that it be adopted:
WHEREAS, the School Bond Order hereinafter describeq has taken effect and the
Board of Commissioners has issued $1,185,000 School Bond Anticipation Notes dated
August 19, 1974, payable February 19, 1975, to borrow money for the purpose for
1
which bonds are authorized to be issued by said Bond Order; and
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WHEREAS, the Board of Commissioners desires to rene~ the foregoing notes and
to borrow additional sums for the purpose for which bond~ are authorized to be issued
by said School Bond Order, in anticipation of the receipt of the proceeds of the
sale of said bonds; NOW, THEREFORE,
BE IT RESOLVED by the Board of Commissioners of the County of New Hanover as
follows:
(I) The sum of $1,400,000 will be borrowed by the County of New Hanover in
anticipation of the receipt of the proceeds of the sale of the bonds authorized to
be issued by the bond order entitled "Bond Order authorizing the issuance of $5,500,000
School Bonds of the County of New Hanover"~ adopted by the Board of Commissioners on
February 4, 1974, for the purpose for which said bonds are authorized to be issued.
Negotiable notes, each designated "School Bond Anticipation Note", shall be issued
for said sum so borrowed.
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(2) The notes shall be dated February 18, 1975, shall be payable April 16, 1975
and shall bear interest from their date at a rate which shall not exceed ten per
centum (10%) per annum. Such interest shall be payable at the maturity of said
notes. Each of said notes shall be signed by the Chairman and Clerk of the Board
of Commissioners of said County and the seal of said County shall be affixed to each
of said notes. '
(3) The power to fix the rate of interest to be borne by said notes and to
determine the denomination or denominations of the notes and the place of payment
of the notes is hereby delegated to the Chairman and Clerk of the Board of Commis-
sioners of said County who are hereby authorized and dire~ted to cause said notes to
be prepared and to execute said notes when they shall have been sold by the Local
Government Commission of North Carolina. \
(4) The Chairman and Clerk of the Board of Commissioners are hereby authorized
to make application to the Local Government Commission of North Carolina for its
approval of the issue of said notes in the manner prescrihed by The Local Government
Finance Act. Said Local Government Commission is hereby requested to sell the notes
in the manner prescribed by said Act. Said notes, when they shall have been sold
by said Commission, in the manner prescribed by law, and vrhen they shall have been
executed in the manner prescribed by this resolution, shall be turned over to the
State Treasurer of the State of North Carolina for delivery to the purchaser or
purchasers to whom they may be sold by said Commission. '
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The motion having been duly seconded, and the resolution having been considered,
it was adopted, Messrs. Alper, Davis, O'Shields, Vaughan a.nd Mrs. Wright voting for
the resolution and no one voting against it.
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MINUTES OF REGULAR MEETING, FEBRUARY 3, 1975 (CONTINUED)
ROAD PETITION - ROGERS AVENUE
County Manager Eller presented a letter from the Division of Highways requesting
the Commissioners to adopt a resolution requesting that Rogers Avenue be added to
the States Secondary Road System. He reported that this road did not meet State
standards, was a dirt road, but that the State was willing to make an exception in
this instance and take this road into the State's system so they could grade it
periodically.
. Chm. Davis moved, seconded by Comm. Vaughan, that the Board adopt a
requesting the Department of Transportation to accept Rogers Avenue into
Secondary Road Ssytem. Upon vote, motion carried unanimously.
resolution
the State's
ROAD PETITION - EL OGDEN SUBDIVISION
Comm. Vaughan moved, seconded by Comm. O'Shields, that the Board adopt a
resolution requesting the Department of Transportati.on to accept the roads in
EI Ogden Subdivision into the State's Secondary Road System. Upon vote, motion
carried unanimously.
RENEWAL OF LICENSE FOR TRANSFER STATION PROPERTY
County Manager Eller reported that the license from the Army for the land on
which the transfer station was located would expire on March 31, 1975. He requested
that the Commission authorize the Chairman to sign a modification of the existing
license extending the term for a period of five years.
Upon motion by Comm. Wright, seconded by Comm. Alper, the Chairman was
unanimously authorized to sign a modification of the existing license extending
the term for a period of five years.
DISCUSSION OF LOUD SPEAKERS AT HUGH MacRAE PARK
County Manager Eller stated that he had received several complaints of loud
speakers being used by the horse shows and recommended that the Commissioners instruct
the County Attorney to prepare an amendment to the Hugh MacRae Park Ordinance stating
the times during which loud speakers could be used in the Park.
.
By common consent, the County Manager was direeted to turn this over to the
Seagate Saddle Club and the First Advent Christian Church to see if they could work
something out without amending the Ordinance.
INTENT TO FUND LEGION STADIUM RENOVATION REMAINING $200,000 IN FY 75/76
Chm. Davis moved, seconded by Comm. O'Shields, that the Board give the Legion
Stadium Commission its intent to spend the remaining $200,000 for Legion Stadium
renovation in fiscal year 1975/l976 if justified. Upon vote, motion carried as
follows:
Voting Aye: Comm. Alper, O'Shields and Chm. Davis.
Voting Noe: Comm. Vaughan and Wright.
TABLING OF BICENTENNIAL DRAMA
Comm. O'Shields moved that discussion of the b.lcentennial drama be
that no one was at the meeting to discuss this with the Commissioners.
tabling motion carried unanimously.
tabled in
Upon vote,
EXECUTIVE SESSION
Comm. Wright moved, seconded by Comm. Alper, that the meeting be recessed to
go into executive session to discuss committee appointments and personnel. Upon
vote, motion carried unanimously.
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Chm. Davis recessed the meeting to go into executive session at 3:05 o'clock p.m.
Chm. Davis adjourned the executive session to go into the regular meeting
at 3:45 o'clock p.m.
RECLASSIFICATION OF SECRETARY IN COUNTY MANAGER'S OFFICE
Comm. Wright moved, seconded by Comm. O'ShieldB, that the County Manager's
secretary be reclassified from a Steno I to a Steno III, Step I, at an annual
salary of $6,756 effective February I, 1975. Upon 'Tote, motion carried unanimously.
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(108
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MINUTES OF REGULAR MEETING, FEBRUARY 3, 1975 (CONTINUED)
RESIGNATION OF COMM. M. H. VAUGHAN (For correction see Page 111.)
Comm. M. H. Vaughan submitted his resignation to be effective February 28, 1975.
A copy of his letter of resignation is contained in Exhibit Book II, Page 58.
DISCUSSION OF PROPERTY VALUATIONS
Comm. O'Shields recommended that, in the future when property was sold, the
tax office copy filed with the Register of Deeds state t~e sale price of the
property.
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County Attorney Fox stated that he would discuss this with the Register of
Deeds and report back to the Board.
RESIGNATION OF COUNTY ENGINEER, RICHARD J. EPLING
County Manager Eller reported that County Engineer, Richard J. Epling, had
turned in his resignation to be effective April 30, 1975.
ADJOURNMENT
Comm. Alper moved, seconded by Comm. O'Shields, that the meeting be adjourned.
Upon vote, motion carried unanimously.
Chm. Davis adjourned the meeting at 3:55 o'clock p.m.
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Respectfully submitted,
~~~ Jt!j
Lise K. King
Clerk to the Board
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MINUTES OF SPECIAL MEETING, FEBRUARY 10, 1975
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ASSEMBLY
The New Hanover Board of County Commissioners met in special session on Monday,
February 10, 1975, at 8:00 o'clock a.m. in the Assembly Room, County Commission
Building, Wilmington, North Carolina, to consider requests for additional time for
listing 1975 taxes.
Members present were Commissioners George E. Alper; Claud O'Shields, Jr.;
M. H. Vaughan; Vivian S. Wright; Chairman Peter R. Davis; County Manager, Dan W. Eller;
County Attorney, James C. Fox; and Clerk to the Board, L~se K. King. No members were
absent.
Chm. Davis called the meeting to order.
DISCUSSION OF TAXPAYERS WHO HAD NOT RECEIVED ABSTRACTS
Tax Administrator Powell submitted a list of 291 tmcpayers whose abstracts had
not been mailed to them. '
Comm. Wright moved that the listing time be extended to the end of March, 1975,
for everyone. Motion died for lack of a second.
Comm. Wright stated that it was her understanding that the Board could not extend
the listing time for the 291 taxpayers who had not yet been mailed their abstracts
because they had not requested an extension; County Att~)rney Fox concurred with
Comm. Wright's interpretation of the law.
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Comm. O'Shields moved, seconded by Comm. Vaughan, that with regard to the 291
taxpayers who had not yet received their abstracts, if these taxpayers did not list
their taxes by February 15 and requested that the Commis~iioners release their late
listing penalty, the Tax Administrator be directed to indicate on their request that
they had received their abstract late and, therefore, this was one reason for their
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being late in filing. Upon vote, motion carried unanimo~sly. A copy of this list
of 291 taxpayers is contained in Exhibit Book II, Page 5~.
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