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1962-04-04 Special Meeting. 91 Minutes of the April 2nd, 1962 Meeting Jurors for the week beqinninci May 28, 1962 James O. Robinson 2727 Burnett Blvd. George B. Murray P.O. Hox 1395 I Joseph E. Soles 4025 Cherry Ave. Eugene Danner RFD 2, Box 338 Llayne Efird,? 709 Central Blvd. Continued - Civil term James Lee Satterwhite 5000 Barefoot Dr. Edward Earl Garvey 2220f S. Front St. Arthur Farrell Teague 1 Central Blvd. Edward Hampton 2707 Van Buren St. Frederick B. Sternberger 4300 Halifax Rd, ? ADJOURNMENT - Upon motion of Mr. Mayhan, seconded by Mr. Braak, the Commissioners unanimous- ly agreed to adjourn their meeting and to meet as a Board of Equalization and Review. W. G. JOINT CITY-COUNTY MEETING ..y ? Secretary City Council Chambers Wilminqton, N. C. 3:30 P.M. April 11, 1962 I ? ASSEMBLY A joint meeting of the City Council the Council Room at 3:30 P. M. today with the Counciimen Hannah S. Block, E. S. Capps, Jr., C. F. Churchill, F. A. Downing, Director of Commerce and Chairman J. M. Hall, Jr., Commi Jr. NOTICE - and the County Commissioners was held in following present: Mayor O.O. Allsbrook, J. E. L. Wade and Acting City Manager the City Bureau of Rates, Industry and ssioners Peter H. Braak and John Van B. Metts, This special joint meeting uias called verbally by the Chairman and each member notified at the regular semimonthly meeting of the Commissioners held on P.pril 2nd,1962. PURPOSE - The meeting was called to order by Mayor O. O. Allsbrook i•aho stated that the purpose was to consider the action of the Civii Aeronautics Board in grantino an order allowing temporary suspension of service at Fayetteville, New Bern and Wilmin,ton by the P]ational Airlines, Incorporated. , / DISCUSSION Nayor Allsbrook recognized Mr. F. A. Downing and asked him to explain the urg- ? ency of this matter. He said that the C. A. B. had changed its rules and practice by re- `ducing the time for.filing requests for hearings from 30 days to 20 days and that the dead line for requesting a reconsideration of their order authorizing the temporary sus- pension of service at Fayetteville, New Bern and R^:ilminoton by the National Airlines, Incorporated is Monday, April 9th. Unless a request for the reconsideration of this mat- ter is within the hands of the C. A. B. by that time the order will become permanent after the 90 day temporary suspension. He is of the opinion that this order is unfair to the City of Wilmington and New Hanover Connty Airport and therefore suegests that an attorriey be employed to represent the City and County in asking for a stay of this order and requests a hearing be set at which time i,:re could present our reasons for our conten- tion. Since Mr. Oliver Carter has ably represented the City and County in the past and is thoroughly familiar with the terms used and the rules and regulations of the Civil Aeronautics Board, he recommends that he be employed to present this matter. By common consent, the joint Board authorized him to cali ivir. Carter and allow him to revi'ew his thinking on the matter. Mr. Carter took a very dim view of the matter and reminded the Board that it would mean that he would have to reverse his pleadings which were made at the time he represented the City and County in the hearing on the•Piedmont Airlines case. I Actualiy he would be asking the C. A. B. to rescind its order authori2ing the suspension of its service and for them to vacate that order of the National Airlines in their allo- c2tion for permanettt suspension and asked that the case be set for a hearing. He held little hopes for much success in the matter but stated that he would be glad to represent ? the City and Count.y although due to the pressure of time he tirould be forced to employ an attorney in Washington throuah whom he could work in filino the petition. He pointed out that there were several thines that could be done in the petition for a re-hearine on the matter such as: (1) Order No. E- 18125 is Unfair to the City of t•Jilmington and the County of New Hanover ..(2) The Grant of the Tempora.ry Suspension Will Hopelessly Pre- judice the City of :1ilmington in Opposing the Application for Deletion o.f the Point from National's Certificate... (3) National's Traffic in and Out of Wilmington Falls Within the Area of the So-Called Baltimore Rule..... (4) Order No E- 18125 is Totally Unrealistic in Its Assessment of Inconvenience to Wilmington Traffic Resulting Interest Does Atot Re- quire the Proposed Suspension..... (6) The National Application Should be Set Down for Hearing:.... In addition, he pointed out that the National Airlines, Incorporated would likely file a petition for an amendment for their certificate to allow a permanent suspen- sion of service but that the traffic potential had not been reduced is an indisputable fact and that in allowing Piedmont to inaugurate their service did not replace the segments discontinued by n?ational. COIITENSATIONT The matter of a fee tiaas discussed and vr. Carter frankly informed the Board he had named a flat fee in the former cases, out of which he had paid his own expenses and found that he had lost money personally. Since this sort of matter was indefinite in its scope of time required to handle, he would much prefer for them to trust him to set a reasonable attorney's fee for the work he aceomplished. Continued- I ? 9;? . , Fui? W. G. Houck, Executive Secretary New Hanover County Board of Commissioners BOARD OF EQUALIZATION AND REVIEW MEETINGS NEW HANOVER COUNTY The Board of Eqvalization and Review,,as required under the Law,held its first ? meeting on March 19 1962 at 11:30 A. N;., in the Office of the County Commissioners. Present were James M. Hall, Jr.; Chairman, Peter H. Braak, John Van B. Metts, Jr. I Leon E. Broadhurst, Ernest R. Mayhan and T. D. Love acting as Secretary. I ? The meeting was called to order by Chairman Hall and after discussion the Secretary ' was instructed to review all protests and to asranoe hearings for the protestants be- ginnino on April 2, 1962 at 11:30 A. M. There being no further business, the meeting was recessed until April 2, 1962, Minutes of the Special Joint Meetiny April ACTION - 1962 Continued After a brief discussion, Commissioner John Van B. Metts, Jr. offered a motion that Mr. Oliver C. Carter be employed to file a petition in defense of the City and County and follour through with whatever is necessary to secure a reconsideration of the order a1lowing a 90 day suspension of service and file an application for a hearino and that his fees be borne equally between the City and County. It was seconded by Councilman E. S. Capps, Jr. and unanimously adopted. ADJOURNMENT - There being no further business before the joint Board, the Mayor declared the meeting adjourned. The recessed meeting of the Board of Equalization and Review was resumed April ! 2, 1962 with the foilowing present: J. M. Hall, Jr., Chairman, Peter H. Braak, John Van B. Metts, Jr. Leon E. Broadhurst, Ernest R. Mayhan with T. D. Love action as Secretary. Complying with instructions, the Secretary had arranged for protests to be on I hand and the following protests were heard: 1. New Hanover Housing Corporation, represented by Mr. Frederick Willetts. 2. Cooperative Savings &.Loan Association, represented bv Nir. Frederick l^Jil2etts. 3. L. Schwartz, regarding property in Block 278. 4. Wilmington Coca-Cola Bottling Works, Incorporated, represented by Nr. Jack Crossley, Attorney. s. William L. Nisbet, regarding property located in Block 177. 6. Southeastern Building Corporation, represented by Mr. Edwin P. Friedberg, Attorney from Raleigh, N. C. 7. irs. Nell H. Trask, represented by Attorney David H. Scott. 8. Gilbert H. Burnett, in regard to property located in Forest Hills- Failed to appear. 9? Kina Stradford, regardino property in Block 65. - Failed to appear. 1 10. ldilliam Rosemann in regard to property in Block 191. The above complaints were heard and were informed of the Board's decision as rendered, at a later date. There being no further business, the meeting was recessed until April 9th, 1962. The recessed meeting of the Board of Equalization and Review was resumed April 9, 1962, and was ca'lled to order at 9:00 A. M. Chairman James M. Hall, Jr, was present along with Peter H. Braak, John Van Metts, Ernest R. Vjayhan and T. D. Love acting as Secretary, and Assessors Mr. Raymond E. Blake, Jr., and Mr. Harry S. McGirt were also present. At this time various complaints were heard in regard to their protests and were informed that a decision would be rendered later in regard to same. continued - ??