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HomeMy WebLinkAbout1971-09-20 Regular Meeting' 11 MINUTES OF SPECIAI, MEETING - SEPTEfBER 9, 1971 (CONTINUED) NEW POSITION IN AUDITOR'S OFFICE (CONTINUED) - "Since the item pertaining to a new position, Steno I, Department of the Auditor, at an appropriation of $4,356.00, is included in the New Hanover County Budget £or the fiscal year 1971-1972, since this position was filled and vacated within a period of,approximately two weeks, and since the work load of the Department of the Auditor has continued to increase to the point of requiring additional personnel, I move that the unexpended portion of this appropriation remain within the Budget of the Department of the Auditor, under a line item entitled 'Salary". , "9 September, 19'71 John R. Oxenfeld" Mr. Marks seconded Mr. Oxenfeld's motion. Motion carried unanimously. ADJOURNMENT - There being no further business to come before the Board, meeting was adjourned. Respectfully submitted, Hazel Savage Clerk to the Board /hs MINUTES OF TIiE MEETING - SEPTEMBER 20, 19'71 ASSEMBLY The regvlar semi-monthly meeting of the New Hanover County Commissioners was held on the above date and time in the Commission Building with the £ollowing present: Chairman Meares Harriss, Jr., Vice-Chairman Berry A. ~Jilliams, Commissioners J. M. Hall, Jr., H. A. Marks, John R. Oxenfeld; County Attorney James C. Fox; County Auditor Perry Shepard; County Administrator Laurence 0. Bowden; and Hazel Savage, Clerk to the Board. INVOCATION - • Chairman Harriss called the meeting to order and asked Rev. J. P. Williams, Pastor, First Christian Church, to give the invocation. APPROVAL OF MINUTES - REGULAR MEETING SEFTII`1BER 7, 1971 - Mr. Williams moved, seconded by Mr. Marks, that the minutes o£ meeting of September 7, 1971 be approved subject to corrections furnished the Commissioners in memorandum of September 16, 1971. Corrections are as follows: Page 1, Last Paragraph, delete words "at nowhere" in third sentence. Page 8, Second Paragraph, sixth sentence should read: "... and they were on the spot when the recommendation was made by the Health Department." Page 11, Fourth Paragraph, Account from which to borrovr funds for this purpose should be general emergency fund. Mr. Bowden was advised of this b~ Mr. Fox in letter dated September lOth. Motion carried unanimously. APPROVAL OF MINUTES - SPECIAL MEETING S~rrr.~~'iBER 9~ 19~1 - Mr. Oxenfeld moved, seconded by Mr. Marks, that the minutes of Special Meeting of Septem- ber 9, 1971 be approved as written. Motion carried four to one. Mr. Williams voted"No". RECOGNITION OF NEW CITY MANAGER. MR. JOHN JONES - Mr. Harriss welcomed Mr. John Jones, new City Manager, and introduced him to the other members of the Board. The Commissioners expressed their pleasure that Mr. Jones had assumed the position of Cit~ Manager o£ Wilmington. RECOGNITION OF REAPPOINTMENT OF JACK WEBB TO POSITION OF TOWIV MANAGER. CAROZINA BEACH, N. C. - The Board reco~nized the reappointment of former Totim Manager Jack Webb of Carolina Beach~to fill the same position. Mr. Williams moved, seconded by Mr. Hall, that the Chairman be authorized to write Mr. Webb and welcome him back to New Hanover County. Notion carried unanimously. IDEAL BASIC INDUSTRIES. INC. - REQ.UEST TO CIASE ROAD - County Attorney Fox advised the Board o£ the request of Basic Industries, Inc. to close an old road just beyond Northeast Cape Fear River Bridge. Mr. Fox outlined the procedures necessary for the County to close the road, the first being for the Commissioners to adopt a resolution authorizing publication of notice of hearing on the request to be held November - 15, 1971. (AYter the meeting Mr. Fox changed the public hearing date to November 1, 19'71) Mr. Williams moved, seconded by Mr. Hall, the following resolution authorizing publi- cation of the notice of hearing be adopted. Motion carried unanimously. "STATE OF NORTH CAROI,INA COUNTY OF NEW HANOVER . RESOLUTION "Wf~REAS, "Ideal Basic Industries, Inc., the owner of certain property adjoining the following described tract of land, has requested that said tract, forming a portion of an old road lying in Cape Fear Township, New Hanover County, be closed by the Board oY Commissioners of New Hanover County pursuant to the authority vested in them by the provisions of North Carolina General Statutes, Section 153-9(17)~ MINUTES OF THE MEETING - SEPTEMBER 20, 1971 (CONTINUED) IDEAI, BASIC INDUSTRIES, INC. - RE~UEST TO CLOSE ROAD (CONTINUED) - "Beginning at the northeast corner of Lot IVO. 102 of Pocomoke Hills Subdivision said point being located in the western right of way line of an old paved road which existed prior to the con- struction of the present U. S. Highway No. 421, said point being located perpendicularly distant 210 feet from a hi~hwa,y right of way monument in the eastern right of way line of U. S. Highway No. 421; running thence along the western right of raa,y line of the said old road North 04° 45' East, 1838.83 feet; thence South 85° 15' East, 60 feet to a point on the eastern right of way of the said old road; thence along the eastern right of way of the said old road South 04° 45' West, 1838.83 feet; thence North 85° 15' West, 60 feet to the point of Beginning. "The same being that portion of the said old road which lies across the property o£ Ideal Basic Industries, Inc., and being in Cape Fear Township, IQew Hanover County, North Carolina. "NOW, , BE IT RESOLVED: "(1) That the question oY closing the above-described tract, said tract forming a portion oY an old road in Cape Fear Tovanship, New Hanover County, be acted upon at the regular November 1, 19']1, meeting of the Board of Commissioners of Nek~ Hanover County, at which time aRy interested person, firm or corporation will be heard; "(2) That all persons, firms or corporations owning property on said old road from Lot 102, Pocomoke Hills, on the south, to the property of Secor, Inc., on the north and all persons having or owning any intere'st in the tract heretofore particularly described, who did not join in the request for closing the above-described tract, be notified by registered letter that the question of closing the above-described tract raill be acted upon at the November 1, 19']1, meeting of the Board of Commissioners of New Hanover County; "(3) That notice of said meeting at which said request will be acted upon shall be published once a week for four successive weeks in the Wilmington Morning Star; and ' "(4) That the State Highway Commission shall be notified of said meeting by registered letter." LATE I,ISTING PENALTY - HIGHWAY E6lUIPMENT COMPANY - Mr. Larry Powell, Tax Supervisor, advised the Commissioners the Highway Equipment Com- pany had not listed their t~es in 19']1 and a penalty is due in amount of $296.87. Mr. 4J. P. Shore, Jr., Manager, Highway Equipment Company, was present and stated that he listed taxes on three pieces of property at the time of filing, January 5, 19'71. He assumed all were received by the Tax Office, but was advised by Mr. Powell in August that the abstract listing ta~ces for Highwap Equipment Compax~y was not received. He asked that the Board give consideration to waiving the penalty. Mr. Marks moved, seconded by Mr. Williams, that subject to receiving an affidavit statin~ what Mr. Shore has said, the penalty be waived. Motion carried unanimously. Brie£ discussion was held on how to establish a policy whereby cases such as this can be avoided. Mr. Harriss suggested statement be included in the abstract stating that privilege of mailing abstract does not carry with it excuse of liability for not havin~ listed on time, and person should follow up by phone, if person chooses to mail his abstract, to be certain it is filed. Mr. Powell suggested permanent listing of real esta~e. Mr. Williams stated he would like for the County to work toward permanent listing for real estate. Mr. Harriss was of the opinion tax mapping would solve some of this problem, but Mr. Hall questioned whether or not the ta~res on property that will be discovered would amount to $300,000 (cost o£ tax mapping). Mr. Fiarriss stated the categories might bring in more revenue because some property listed as residential is really commercial. PARTIAL TAX PAYMENTS - Discussion was held on minimum amount or percentage of tax liability that may be accepted as a partial payment. Mr. Powell, in memorandum dated September '7, 1971, advised the Commis- sioners under General Statute 105-358, the governing body may prescribe the minimum amount and su~gested a percentage of 33-1/3 percent or no less than $20 for a minimum. Mr. Marks moved, seconded by Mr. Oxenfeld, the minimum recommended by Mr. Powell be adopted, effective October 1, 1971, and it be advertised in the papers. Motion carried unanimously. Mr. Williams stated he was willing to go along with this on a trial basis and if this proves to be a problem to mar~y individuals, he would like for it to be r2considered. REQ,UEST FOR WAIVER OF LATE LISTING PENALTY - ED FLEISHMAN & BROS. - Mr. Powell stated Cherry, Bekaert & Holland, CPAs, f.or Ed.Fleishman & Bros. requested extension of time for listing and extension was granted to April 15th. This date was over- looked, and this listing was not made until May 11, therefore late listing penalty was charged. The Board was of the opinion it would have to be settled between Cherry, Bekaert & Holland and Fleishman & Bros. as to iahere the responsibility lies for the oversight. Mr. Hall moved, seconded by Mr. rarks, that the penalty not be oaaived. Motion carried four to one. Mr. Williams voted "No". MIN(TTES OF THE I~"iEETII~IG - SEPTEI~ER 20, la~l (CONTINUED) ~e~ JAII, INSPECTI~N - Mr. Harriss discussed letter received September 14 from Pir. C1iYton M. Crai~ concerning inspection of the New Hanover County jail on August 9, 1g71. .Mr. Crai~ commended Nek~ Hanover County officials for corrective action which they have accomplished to make the present jail more suitable for occupancy pending construction of a nera jail but stressed urgency of the need for e~cpeditious planning and action to provide a new and adequate con£inement facility. By common consent it was a~reed to compliment Mr. Joe Johnson on the operation of the jail. APPOINTP'~NT 1`1EMBERS TO BOARD OF TRUSTEES NE6J HANOVER P'iEMORIAL HOSPITAL - Mr. Harriss advised the Board is in receipt of communication from Mr. William H. Sutton, Chairman, Board o£ Trustees, IJew Hanover I~lemorial Hospital, stating all ~;hose terms expire this year are eligible for reappointment and he recommends reappointment. Those whose terms e~cpire are Seymour L. Alper, William H. Sutton, Hendrik Swart, and James L. Whitted. Nr. Williams asked Mr. Hall for his opinion since he is the ex-officio member on the Board. Mr. Hall stated these gentlemen have been very faithful and have attended most o£ the meetings, and Mr. Ha11 recommended reappointment for the len~th of time set. He also stated after this term they would not be eligible for reappointment until a year had elapsed. Mr. Narks pointed out that it will be necessary to make some adjustments because as it stands nora, there will be two yea-rs without any expiration of terms. Mr. Marks suggested referring this back to the Board of Trustees for restudy and possibly interim ter;n appointments to bring about an equalization of service. IdLr. Hall moved, seconded bv rI~. Marks, interim reappointments of these men to December l, 1971 until terms can be worked ot3t. Motion carried unanimously. N1r. Narks requested record of the attendance of these gentlemen at Board meetings. APPROVAL MEDICAI, PLA1V NEW HANOVER COUNTY JAIL - P4r. Bowden presented medical plan for the New Hanover County Jail. A£ter discussion, Mr. Fox stated the plan, in his opinion, is legal and ~aeets the requirements. Mr. Williams moved, seconded by Mr. Marks, adoption of the plan. PrLr. Harriss expressed thanks to Dr. Daniel Gottovi and Dr. Norman J. Robinson for taking over job the County has had so much trouble filling. Vote was called on the motion. It carried unanimously. APPROPRIATION TO LIBRARY - ~ Miss Katherine Howell, Librarian, and Mrs. Robert Williams, Chairman of the Library Board, were present to discuss this subject. Mrs. 4Jilliams stated after the City had worked on the Library }3udget it came back to them short of funds. The City has paid their additional share of $3,861.46. There is still a deficit of $1,6~0.63 which is the County's share. This in- cludes the longevity pay which the Citv felt the library should have. Mr. Williams moved, seconded by Mr. Oxenfeld, the appropriation of $1,671 from the General Contin~ency fund to the library. Mr. Marks raised guestion of fringe benefits for these employees particularly item of longevity ~~hich the County is not giving any other department; and questioned obli~ation to other employees. Mr. Harriss pointed out if the County wished to treat them as other employees, it would be necessary for the County to take over the library budget, but if the County wants to operate with the City and let the City set the policy, the County will have to go along with the City. Vote was called on motion. It carried unanimously. Question oaas raised by Mr. Narks of whether there was any obligation on the part of the County to provide longevity benefits for county employees due to a precedence being set. It was the sense of the Board that this is not the case since library employees are carried under the City Retire~ent System and are under City supervision. ~eetin~ recessed at 10:00 A. M. Meeting reconvened at 10:05 A. M. REPORT ON TURIVI~Y III - Mr. llurwood Bag~ett, County Extension Chairman, was present to report on the orork of his agency vaith Turnkey III which is a low income project. The County Extension Service was given the responsibility o£ trainin~ these home owners. There are two phases; preoccupancy and postoccupancy. Training is being carried out by contract with State University. Mr. Baggett stated Mrs. Rebecca Hall is the supervisor. Mrs. Hall spoke at this time and introa~zced tti~ao persons who have worked with her; Mrs. Pliriam Johnson; Program Assistant and Miss Ethel Lamb, Program Assistant-Secretary combination. Another worker, Prirs. Sherry Rivenba~k, Program Assistant, was not present due to illness. Mrs. Hall wrote the curriculum and trained the Program Assistants to work with the families. Training starts after families have been approved. To date there are 71 approved £amilies; 53 have been counseled and received certificates; 47 are in the new homes, 14 are taaiting £or second group of homes. People have been enthusiastic and are exerting every effort to better their way of life. ~ Mr. Williams questioned outside appearance of homes. Mrs. Hall stated there are restric- tions on r~hat they can have on the outside of their homes whi.ch are written in their contracts. Chairman Harriss thanked Mr. Baggett and Mrs. Hall for.their reports on this project. ROAD PETITION - CASTLE FARMS ROAD - P1r. Harriss advised the State Highway has notified Mr. PYallor9 it is in order for the Commissioners to request them to add Castle Farms Road to the State's Secondary Road System for maintenance. Mr. Williams moved, seconded by P'!r. Marks, that the Board of Commissioners reguest the State Highway to take the road into the Hi~hway System for maintenance, subject to it being brought up to the minimum standards by the property owners or developers. Motion carried unanimously. MINUTES OF THE MEETING - Sr.,.t^rr~~ER 20, 19`]1 (CONTINUED) REPORT FROM THE COUNTY AUDITOR - Mr. Shepard stated he estimated receiving ~893,000 for the year from the 'I% Sales Tax and to date the County has received $139,577 for the month o£ Nay oahich has been invested by bid bond procedure at 6-1/8 percent. Mr. Shepard estimated the County would receive $2~3,000 in intangible taxes. County received $282,752; about $9,000 i3ifference. This is also invested by bid bond procedure at 6-1/8% percent. Mr. Shepard stated he has collected all landfill fees the Health Department has furnished laith the exception of one who is paying, but he is still not sure whether he has been £urnished name of everyone he should be collecting from. The bea~hes have paid. Nir. Shepard stated collection of property taxes i•~as moved up to Sepl;ember and the County has received more taxes tllis month than last September; it has received approximately $200,000, and this is what current bills are being paid from. A.B.C. FERMIT RE6.UEST - The follo~~~ing A.B.C. Permit Request taas presented: Night and Day Spot, 701 Chestnut Street. Mr. Williams,moved, seconded by Mr. Hall, this request be referred to the Sheriff's Department for investigation and recommendations. Motion carried unanimously. PUBLIC HEARING - DUNE BUGGY ORDINANCE - ~ Mr.~Harriss declared Public Hearing open for consideration of a Dune Buggy Ordinance. Mr. Harriss read the ordinance: Nir. Harriss pointed out the ordinance is not auto~atically applicable to any municipality or its one-mile planning limits except upon their agreement. Question ti,ras raised by NLr. Williams of whether this o~ould authorize any governing board to exercise police jurisdiction in the one-mile area. Ptr. Fox stated it will authorize them to concur. Tt they do not concur, this would not be applicable to them within their corporate limits or the one-mile area. Mr. Harriss stated one of the considerations in adopting this ordinance tiaas that the County was putting money into buildin~ beach proftection system, and people v~ere destroying dunes by racing. This is also in line i•~ith much of the legislation up and down the coast. Mr. Harriss stated the ordinance might not be restrictive enough, btzt it is certainly a start. It is not intended to interfere taith fishermen who might use buggies to get up and down the beaches to favorite fishing spots. Also, it was precipitated by a death which occurred as result of a dune buggy operation outside of any corporate limits where laws in most c~ses do exist. Mr. Marks raised question of i.~hether municipalities u~ho agree to this ~aill enforce it or does the County have to enforce it. It ~1as pointed out the sheriff taould not have responsibility but does have authority. Mrs. Burke Rehder asked whether she would have authority to forbid motor vehicles in front of her house to the high ~aater mark. She was advised she does. Mr. Harriss declared public hearing closed. Mr. Hall moved, seconded by Mr. Marks, that the ordinance be adopted as read, effective October 31, 19']1. Motion carried unanimouslv. (At meeting October 4 action rescinded because it was premature. Second reading and adoption will be at October 18 meeting.) APPROPRIATION FOR NEW FIELD BUII,T BY OPTIMIST CLUB OF WINTER PARK - T~ir. Bowden stated that in the past the County has been sharing one-half of cost of improve- ments made at Hugh McRae Park by the Winter Park Optimist Club. E~enditures for the new field amounted to ~4,433.10. County share is ~2,216.55 or $283.00 more than was budgeted based on their estimate. Mr. Bowden recommended appropriation be made. Mr. Hall moved, seconded by P1r. Oxenfeld, that $283.00 be appropriated from the General Contingency Fund non-tax revenue for this purpose. Motion carried unanimously. LOW BOY AND TRACTOR - Mr. Bowden stated he had heard nothing from the Health Department re~ardin~ purchase of a low boy. The State is in the process of making recommendation on possibility of different piece of equipment (crawler-loader) at the land. site. Mr. Harriss reguested Mr. Bowden to follow through on this. Mr. Loftin spoke about the sale of his used eguipment to the County, saying he had reduced his price by $500 so it could be purchaseii r~ithout bids. Mr. Harriss stated he did not believe the County is permitted to purchase two pieces of equip- ment to be used as a unit, if total price is over $2,000, without bids. Pir. Bowden stated if the Health Department can use the low boy, the County could buy it and possiblv get a tractor from the State. Mr. Harriss appointed Mr. Marks to work with Mr. Bowd_eh and P1r. Cranford to study the matter and come back with recommendations. P'ir. Oxenfeld suggested the bidders on the,low boy be written requesting an extension of time on the bids they have submitted. , REVALUATION OF PROPERTY - REQUEST BY Ii`~E2. E. B. BUGG- Mr. Bugg appeared before the Board requesting reduction in assessed values on his property at the corner of North Front and Walnut Streets (the 4Jilmington Hotel) $G55,410 and property at corner of 2nd and Walnut Streets (Bus Station) $~28,F~90. Nr. Marks moved, seconded by P'1r. Williams, that the matter be tabled and referred to the County attorney for study and recommendations, and should it not be possible to consider it this year, it be put on the agenda for the Board. of Equalization and Review in 1972. Motion carried unanimously. MINiTTES OF THE MEETING - SEPTEMBER 20, 1971 (CONTINUED) ~~ ISE41 HOPE DAI t - Mr. Marlis suggested le~al fee be obligation of the Water and Se~~jer Authority, since this is a joint authority. Mr. Harriss deferred this until a later meeting. ADDITIONAI~ STAFF FOR PERSONAI~ PROPERTY TAX DIVISION - Mr. Plarks raised question of addition of heln in the Tax Zisting office for the search of personal property tax. Mr. Bowden stated he was not ready to make a recommendation. Mr. Marks suggested it be proceeded on immediately. AD~70URNMENT - There being no further business to come before the Board, Mr. Hall moved, seconded by Mr. Williams, that/the meeting adjourn. Motion carried unanimously. Respectfully submitted, Hazel Savage Clerk to the Board hs/mw MINUTES OF THE MEETING - OCTOBER 4, 1971 - 9:00 A. M. ASSENNiBLY - The reguZar semi-monthly meeting of the New Hanover County Board of Commissioners was held on the above date and time in the Commission Building with the following present: Chairman Meares Harriss, Jr., Vice-Chairman Berry A. Williams, Commissioners J. M. Hall, Jr., H. A. Marks, John R. Oxenfeld; County Administrator Laurence 0. Bowden; and Hazel Sava~e, Clerk to the Board. County Auditor Shepard was absent due to illness. INVOCATION - ~ Chairman Harriss cal7.ed the meeting to order and asked The Rev. Robert H. Rub, Jr., 1'astor, Messiah Lutheran Church, to give the invocation. APPROV.AZ OF MINUTES - The following corrections were called to the attention of the Commissioners by the Clerk: On Page 3, next to last paragraph, first sentence, typographical error in"attendance" should be corrected. On Page 5, firs~ sentence, "curricular" should be "curriculum." Mr. Marks moved, seconded by Mr. Hall, that the minutes be approved as corrected. Motion carried unani~ously. ADVAIdCE REOUEST TO APPEAR BEFORE THE BOARD OF COMrIISSIOiVERS. ALSO, QUESTIONS $E SUBMITTED IN ADVANCE OF MEETINGS - ~ Mr. Harriss restated position that the Board had informally taken for the purpose of ge~ting it officially recor@ed and that was concerning persons appearin~ before ~he Board with questions concerning County Government. Mr. Harriss stated that because of the increasing complexity of County Government, along with other Governments, and because the Board of Commissioners is a deliberating body, which should have before it all possible information in order to answer questions posed either by the exigencies of the day or by citizens who might come before it, inso£ar as possible, the Board requests that the party or parties requesting to appear before it flzrnish the $oard any items and questions they wish to discuss in tiariting with as fu11 informa- tion as possible contained in the reguest. Mr. Marks added that he ti,~ould like to add to P1r. Harriss' statement that such requests be in advance suf£iciently for the Commissioners to re- search whatever necessary to give a competent answer prior to the meeting. Mr. Marks moved, seconded b~ Mr. Hall, adoption of this principle. Mr. Hall did not want anyone to think that unless tney ~ive notice of intention to appear, they cannot appear. Mr. Williams stated he would like to encourage people, even though they have not put their ideas in writing, to appear. before the Board if they i~~ish to but with the understanding that if they come up with a com~~;i~ga t~d guestion at the last minute, the Board will defer action unti]. such time as the Board researches the question in order tb avoid being rushed into a decision that is ill advised. Vote was called on the motion. It carried unanimously. ACTING TAX COLLECTOR'S REPORT - Mrs. Janie Straughn, Acting "~ax Collector, gave the following report on taxes collected: Charged per scroll ~5,405,684.4-8, added by Tax Supervisor $3,243.49, less abatements $10,09'7.']9, balance taxes ~5,398,830.18, less collections in September yG~']8,050.7g, prepayment $337,60g.32, collections in August ~13,330.15, balance uncollected 19'71 taxes ~4,269,83°.92- Back taxes collected in September amounted to $10,4~?.56, less abatements $243.94, leaving balance of un- collected taxes ~39~,202.54. Delinquent Personal Property taxes collected in September amounted to 9~2,586.30, bringing total collected to date to $9,531.17. Question Vras asked by Mr. Williams when garnishments will get underwa,y. Mrs. Strau~hn stated they t~ill begin in January. I~tr. Williams sta~ed Mrs. Straughn has been doing an exceptional job in the past several months; she has assumed tremendous responsibility. Mr. Willaims asked what pro~ress is being made in securin~ or nariling a person to assume tlv.s responsibility. Mr.. Williams stated Mrs. ~traughn has assumed ~he added responsibility, but has not, in his opinion, been adequately compensated for it. PYr. Williams stated he felt it was time to Pace up to what he, I`(r. Williams, felt taas the Board's responsibility in making an adjustmeni; to a serious ineguity in salary for the person oaho has assumed the responsibility at this time. Mr. Williams asked NLr. Bowden to bring the Board up to date at this t~.me. Mr. Bowden stated Pir~ Strau~hn, Mr. Grubbs, and he had met, and there are two or three peculiar problems here. P1x~. $owden stated Mr. Powell is bein~ used temporarily in charge o£ both of£ices, Tax Collector and Tax Supervisor, and Mrs. Straughn is working under his super- vision and has been doin~ so for sometime. Mrs. Straughn is doing a very capable job. Mr. Bowden stated he asked Mrs. Straughn if she would be interested in the Tax Collector's job and reporting directly to this office. Co~ of her letter was furnished to each of the Commissioners stating her decision in the negative. I"ir. Bowden stated he was of the opinion N"Lrs. Straughn