1975-04-10 Special Meeting
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MINUTES OF SPECIAL MEETING, APRIL 10, 1975
ASSEMBLY
The New Hanover Board of County Commissioners met in special session on
Thursday, April 10, 1975, at 9:00 o'clock a.m. in the Assembly Room, County Com-
mission Building, Wilmington, North Carolina, to consider acquisition of real
property.
Members present were Commissioners Claud 0' Shie.'lds, Jr.; Vivian S. Wright;
Chairman Peter R. Davis; County Attorney, James C. Fox; County Manager,
Dan W. Eller; and Clerk to the Board, Lise K. King. Commissioners George E. Alper
and William C. Taylor were absent.
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Chm. Davis called the meeting to order.
EXECUTIVE SESSION
Comm. Wright moved, seconded by Comm. O'Shields, that the meeting be recessed
to go into executive session to discuss land acquisition with County Attorney
James C. Fox. Upon vote, motion carried as follows:
Voting Aye: Comm. O'Shields, Wright, and Chm. Davis.
Absent: Comm. Alper and Taylor.
Chm. Davis recessed the meeting to go into executive session at 9:15 a.m.
Chm. Davis reconvened the meeting at 10:10 a.m.
ADOPTION OF PRELIMINARY CONDEMNATION RESOLUTION
On motion duly made by Comm. Claud O'Shields, Jr., and seconded by Chairman
Peter R. Davis, the Board of Commissioners of New Hanover County adopts the following
preliminary condemnation resolution by the following vote:
Voting Aye: Comm. O'Shields and Chm. Davis.
. Voting Noe: Comm. Wright.
Taylor.
Absent: Comm. Alper and
RESOLVED:
1. Schedule A attached hereto, and made a part hereof, contains the descrip-
tion of eleven (11) tracts of land in which property rights are to be acquired by
New Hanover County.
2. The nature of the right, title or interest to be acquired in the aforesaid
property is an estate in fee simple.
3. The property is to be acquired for the purpose of constructing, enlarging,
and improving courthouses, jails, office buildings and other buildings for use by
New Hanover County.
4. The owner of the aforesaid property will not be permitted to remove all
or any portion of any buildings, structures, permanent improvements or fixtures
situated on or affixed to the property.
5. The name and address of the owner of the property and all other persons
known to have an inte:r'est therein are as follows:
NAME AND ADDRESS
.Raney Chevrolet Company,
P. o. Box 82
Wilmington, N. C.
Inc.
nATURE OF INTEREST
OWner of ::ee simple estate in Tracts
One throu<Jh Eleven, inclusive. Tract
Eleven is subject to an easement for
ingress and egress in favor of the
Ci ty of W::.lmington.
New Hanover County
Lien for 1975 ad valorem taxes
City of Wibmington
Wilmington, N. C.
Owner of em easement for ingress and
egress over Tract Eleven and lien for
1975 ad valorem taxes
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MINUTES OF SPECIAL MEETING, APRIL 10, 1975 (CONTINUED)
ADOPTION OF PRELIMINARY CONDEMNATION RESOLUTION (CONTINUED)
6. The property particularly described in Schedule fJ.,. shall be appraised by
a board of appraisers composed of one person appointed by 'New Hanover County
(named in paragraph 7. hereof); one person appointed by the owner; and one person
appointed jointly by the other two appraisers. Each appr~iser shall be a free-
holder of New Hanover County who has no right, title, or interest in or to the
property being condemned, is not related by blood or marriage to any of the owners,
is not an officer, employee, or agent of New Hanover County, and is disinterested
in the rights of the parties in every way. Either the County or the owner may
reject an appraiser appointed by the other or by the County's and the owner's
appraiser if the person so appointed is not disinterested. Notice of rejection
of an appraiser shall be given within forty-eight (48) ho~rs of his appointment,
or else the right to object shall be deemed to have been ~aived. If an appoint-
ment is rejected, the County or owner shall immediately a~point another appraiser
and shall give notice of this action to the other party.
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The owner's appraiser shall be appointed and his nam~ reported to the Clerk
to the Board of Commissioners within fifteen (15) days aft.er this Resolution has
been served on all owners having an' interest in the proper:ty. Appointment shall
be made by those owners having a majority interest in ihe property.
If the owner fails to appoint an appraiser within th~ time allowed, or if
the owner's appraiser and the County's appraiser fail to ~gree on the appointment
of the third appraiser, the County will apply to the Clerk of Superior Court of
New Hanover County for appointment of either an appraiser;to represent the owner
or the third appraiser, as appropriate. .
Each appraiser shall take an oath or affirmation that.: he will fairly and
impartially discharge his duties as an appraiser.
The first meeting of the board of appraisers shall be, convened at the site
of the aforesaid property at 10:00 a.m. on Friday, May 2, :1975. The Board of
Appraisers shall view the aforesaid property and immediat~ly thereafter retire
to the New Hanover County Commission Building in order to 'hear any evidence pre-
sented by the owner or County as to damages and benefits that will result from
this condemnation. The evidence need not be reduced to writing unless one of
the parties demands a hearing on the record, in which eve~t he shall bear the
cost of the transcript. !
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If for any reason the first meeting of the Board of pppraisers cannot be
held at the time fixed herein or at the site of the afore;aid property, the
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appraisers may fix another time or place and shall serve ~otice of the change
in time or place upon each owner. Notice changing time arid place of the first
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meeting shall be served not later than five (5) days befor'e the date of the meeting.
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The Board of Appraisers may adjourn the first meetins, to any other time or
place to hear additional evidence, or it may hold additio~al meetings. No notice
need be given of an adjourned meeting if the time and place of the adjourned
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meeting were fixed before the close of the first or adjour'ned meeting. Notice
of additional meetings shall be given as provided for a change in time or place
of the first meeting if they are to be held to hear evide~ce, but not otherwise.
The Board of Apflraisers shall determine the compensat:ion to be paid to the
owners by the County for its acquisition of the property. : In determining the
compensation, the appraisers shall take into consideration both the loss or damage
that will result to the owner from the acquisition and any benefits that will
inure to any remainder of the property from the improvement or project for which
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the property is being condemned. Benefits shall include both benefits or ad-
vantages speci'al to, the property and benefits or advantagi!s to the property in
common with other property affected by the improvement or project.
When it has determined damages and benefits, the Board of Appraisers shall
make a report to the Board of Commissioners of New Hanover County. The Board of
Appraisers shall report within thirty (30) days of its appointment. The report
shall show separately the amount of damage, the amount of 'benefits, and the amount
of compensation to be paid to the owner. The report shall be sufficient if it is
concurred in by two of the three appraisers. If no two of the appraisers can
agree upon a report, or if the Board of Appraisers fails t.o report within the time
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MINUTES OF SPECIAL MEETING, APRIL 10, 1975 (CONTINUED)
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ADOPTION OF PRELIMINARY CONDEMNA;I'ION RESOLUTION (CONTINUED)
allowed, a new Board of Appraisers shall be appointed in the same manner as the
original Board and shall follow the same procedure required of the original Board.
7. The name of the member of the Board of Appraisers appointed by New Hanover
County is Jack Perdue.
8. A copy of this Preliminary Condemnation Re,501ution shall be served on
.' all owners named in paragraph 5. hereof.
Schedule A referred to in foregoing resolution is contained in Exhibit Book II,
Page 78.
REQUEST TO APPOINT PLANNING DISTRICT COORDINATORS
The Planning Department hadlrequested that the
the appointment of Planning Dist~ict Coordinators.
Comm. Alper and Taylor for this purpose.
Commissioners take action on
Waivers had been signed by
Comm. Wright stated that she would not agree to handle this item because of
a precedent recently set by the Board by not hearing something that she had wanted
taken up at a special meeting.
SPECIAL MEETING CALLED
Chm. Davis called a special meeting for Monday, April 14, 1975, at 9:00 a.m.
to appoint Planning District Coordinators and to transfer funds to pay for the
survey of a 25-acre tract of land to be purchased by the County for future recrea-
tional development.
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, Wright, and Chm. Davis.
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Absent:
Comm. Alper and Taylor.
Chm. Davis adjourned the meeting at 10:15 o'c1o,:::k a.m.
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(Mrs.) Lise K. King ~
Clerk to 1:he Board
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MINUTES OF SPECIAL MEETING, APRIL 14, 1975
ASSEMBLY
The New Hanover Board of County Commissioners mE!t in special session on
Monday, April 14, 1975, at 9:00 o'clock a.m. in the l~ssembly Room, County Com-
mission Building, Wilmington, North Carolina, to appoint Planning District
Coordinators for the County's Public Participation Program and to transfer the
sum of $978 from General Capital Reserve, Account #76 540 71, to Professional
Services, Account #11 660 04, in the Non-Departmental section of the budget for
.the survey of a 25-acre tract of land to be purchased by the County for future
recreational development.
Members present were Commissioners George E. Alper; Claud O'Shields, Jr.;
William C. Taylor; Vivian S. wright; Chairman Peter F~. Davis; County Manager,
Dan W. Eller; and Clerk to the Board, Lise K. King. No members were absent.
Chm. Davis called the meeting to order.
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