1964-02-03 Regular Meeting299
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Minutes of the Meetina _,lanuar_v_ 20_-L961i
j REPORTS -
The following reports were reviewed and ordered filed for information:
' 1- County Agricultvral Agent's report for December 1963.
2- Grand Jury Report covering activities during January 1964 term.
3- Wilminoton Public; Library Report - yearly report for 1963.
4- Christmas Bureau report and thank-you letter.
ADJOURNMENT - ?? ?
Upon motion of Mr. Metts, seconded by Mr. Braak, the Boa animo sly voted
to adjourn the meeting. ?? ?
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W. ({. , Executive Secreta
Wilmington, N. C. February 3,1964
ASSEMBLY -
The regular semimonthly meeting was held on this date at 9:00 A. M. with the
following in attendance: Chairman J. M. Hall, Jr., Commissioners Peter H. Braak, L. E.
Broadhurst, Ernest R. Mayhan and John Van B. Metts, Jr., County Attorney L. Bradford
Tillery and County Auditor T. D. Love, Jr. The meeting took place in the Commissioners'
Room of the County Court House.
I INVOCATION -
Chairman Hall called the meeting to order and asked Reverend F. Belton Joyner,
I Pastor of the Pine Valley.Methodist Church, to give a prayer for guidance over the dayfs
deliberations.
APPROVAL OF THE MINUTES -
Upon motion of Mr. Mayhan; seconded by Mr. Braak, the minutes of the meeting
? of January ZOth, copies having been mailed to each of the members, were unanimously approved.
PUBLIC FUNDS -
Clerk of Superior Court, H. Foster Edwards, stated that his annual report on
Public Funds in his custody amounted to a total of $379,017.32 itemized as follows:
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Total amount in Public Funds $378,805.22
Individual Savings Acct.
Unclaimed Civil Witness Fees 17.10
Unclaimed Support Money, Recorders Court 90.00
Unclaimed Support Money, Superior Court 105.00
$379,oi7.32
? He called attention to his bond which amounts to $25,000 and stated that it was an inherited
amount but the law permitted a bond of $50,000 where the Public Funds exceed $50,000. The
cost of increasing the bond amounts to $375.00. The Board, by unanimous common consent,
agreed to consider this at their next Budoet discussion.
ADVERTISING
A delegation headed by Mr. J. L. Allegood, as spokesman for the Star News news-
' paper, reported that they are in the process of setting up their 34th annual edition as a
Business Review and Forecast to show the growth and progress of New Hanover County during
the Fiscal Year 1963-1964. He suggested that the County take a full paae ad which could
be figured on the basis of the contract rate. He exhibited similar advertising by cities
and counties in other parts of the state and country which form a pattern of advertising so
it is not an unusual request. He stated that the deadline for copy was February 18th,
1964. The Chairman observed that such an unanticipated expenditure would overspend the bud-
geted item for advertising and he thought it might be well to defer a decision at this time as
money would have to be appropriated out of some other fund. After a brief discussion, how-
ever, Mr. Mayhan offered a motion that the Board approve taking such an ad and that payment
be made out of the Advertising ar.d Development Fund. It was seconded by Mr. Braak and when
Ithe ballots were cast, Messrs. Braak and Mayhan voted in favor of the motion while Messrs.
Sroadhurst, Hall and Metts voted contrary and the motion was declared defeated.
GROUND WATER SURVEY
Mr. George L. Bain, geologist making the ground water.survey for New Hanover
County, made his annual report and exhibited contour maps showing the various formations
land water levels in New Hanoyer County. He stated that he had checked all existing wells
and taken samples which were analyzed showing the quantity and quality. He has used a
boring machine for soil samples in spot checkinq the County but will employ the boring
machine more Prequently in the future to determine the detailed underground formations. The
Chairman thanked.him for his report and stated they would look foreaard to the future findings.
iBEER PERMITS -
The following application for a Beer Permit was reviewed by the Board and upon
Imotion by Mr. Broadhurst, seconded by Mr. Nayhan, unanimously approved and referred to the
? Sheriff for his investigation and conSideration:
Samuel Sidie Browning T/A Browning Grocery 5040 Market St.
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Minutes of the Meetinq Eebr.uarv 'i. 196L. Continued
TRANSFER OF FUNDS - ? I
The Executive Secretary reported that the County Auditor informed him that
it would be_illegal to transfer the $2,000 between the County Home Fund and the UJelfare?
Department Fund as voted at the meeting on January 20th in the paragraph "COUNTY HOME '
REPORT". The County Attorney agreed on this ruling. The-C.ounty Auditor reported thati
sufficient funds to allow the employment of the caseworker and clerical worker are in
the Welfare Salary Fund and that no transfer or appropriation would be necessary. Aftei
considering this matter, Mr. Braak offered a motion that the action of January 20th
be rescinded wherever it had to do with the transfer of funds and that the County Home
instructed that they should have the $2,000 as a surplus at the end of the year and not'
to spend it. The motion was seconded by Mr. Mayhan and unanimously adopted.
COUNTY PLANNING AND ZONING - '
The Chairman read a report from the Chairman of the New Hanover County
Planning and Zoning Committee giving a resume of their activities up to this time and
making certain recommendations with reference to establishing a joint County-City
planning staff and the establishment of building inspection service for the County.
The Chairman suggested that the members of the Board give some study to these recommend<'-
tions and keep in mind that if they are set up they should think in terms of $12,000 asi
a budget::item`_i:n thiscconnection.'.The-Committee'does not-think that:any'significant.
long•.range plans,can=be-mad6 uatil an adequate evaluation of the existing streets,
highways and land can be classified by type. This will require a map which is in the
process of being made. Complying with the request of the Planning and Zoning Board to
appoint a committee to study the feasibility of this suggestion, the Chairman,J. M.
Hall, Jr. appointed himself as the committee and will report back to the Board his ,
recommendations after conferring with the committee appointed by the City Council.
ADVERTISING ALLOCATION -
The Chairman presented prints of pictures made at Fort Fisher erosion site
during the visit and inspection made by the North Carolina Seashore Commission and
stated that he would like to present a copy to each of the members of the Commission.
The cost amounted to $18.00. Mr. Broadhurst offered a motion that the idea be approv?d
and that the allocation be made out of the Advertising and Development Fund to the
Southeastern Engraving Company. It'was seconded by Mr. Mayhan and unanimously approvec.
ROAD PETITIONS -
The property owners presented petitions for the addition of Bayshore and
Biscayne Drive of the Bayshore Estates Subdivision and Theresa Drive in Cape Fear Ii
Township to the State Maintained Secondary Road System for road maintenance. Mr.
Broadhurst offered a motion that the requests be approved and sent to the State Highway!
Commission for their consideration. It was seconded by Mr. Mayhan and unanimously
approved. I
PRIMARY HIGHWAY MEETING
The Chairman reported that the Chamber of Commerce had presented a petition '
to the State Highway Commission outlining the primary highway needs in Southeastern
Morth Carolina and that a conference has been scheduled with the Highway Commission
representat'ives for Wednesday, February 5th in Raleigh. He observed that because of
the necessity for him to be in Washington, D. C. at a conference in the interest of the
deepening of the Northeast Cape Fear River channel, he would be unable to attend and
urged other members of the Board to join in the support of this move by attending. It
developed that the other members had previous commitments which prevented them from
going. (After a representative met in a conference in preparation for their appearance
in Raleigh, the Chairman appointed and designated Mr. F. P. Fensel to represent New I
Hanover County and support the agproval of the petition before the Highway Commission.)
RESOLUTION - BOND DENOMINATION
The County Attorney advised the Board that it would be necessary for them
to approve the denomination of the bonds to be delivered under the sale which was
authorized for the $1,425,000 Series B. School Building Bonds. Commissioner Peter H.
Braak moved that the following Resolution be adopted:
WHERE/aS, the Local Government Commission of North Carolina has informed
the Board of Commissioners that it has sold in the manner prescribed by law
the $1,425,000 School Building Bonds, Series B, of the County of New Hanover,
dated November 1, 1963, authori2ed to be issued by a resolution adopted by the
Board of Commissioners on January 20, 1964, and that the contract of sale
contemplates that said bonds shall be of the denomination and bear interest as
hereinafter provided:
NOW, THEREFORE, BE IT RESOLVED that said bonds shall be of the denomination
of $5,000 each and said bonds shall be numbered from 1 to 285, inclusive, in
the order of their maturity.
BE IT FURTHER RESOLVED that said bonds shall bear interest as follows:
(1) The bonds numbered from 1 to 72, inclusive, 6% per annum (2) the
bonds numbered from 73 to 78, inclusive, 5% per annum (3) the bonds numbered
from 79 to 139, inclusive, 3.10% per annum, (4) the bonds numbered from 140
to 265, inclusive, 3.25%, and (5) the bonds numbered from 266 to 285, inclvsive,li
1/10% per annum. Ii
Commissioner John.Van B. Metts, Jr. seconded the motion and the motion was adopted by
the following vote: Ayes: ,lohn Van B. Metts, Jr., Peter H. 8raak, L. E. Broadhurst
and Ernest R. Mayhan. Nayes: None
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I EMERGENCY JAIL REPAIRS -
County Jailor J. E. Johnson reported that he needed an additional appropria-
tion to replenish his Jail - Repairs to Buildino Fund. One of the prisoners stopped ,
up the commode and opened all the faucets and flooded the Jail area causing considerable
damage which will require some additional appropriation to repair. He estimated that
it would be less than $100.00. Mr. Braak then offered a motion, seconded by Nm. Metts
ihat $100.00 be appropriated out of the General Emergency Fund to the Jai?l - Repairs to
Building Fund. 'It was unanimousiy approved. ?
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Minutes of the Meeting February--3-, 1964
REPORTS -
Continued
The following report was reviewed and ordered filed for information:
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1- Six months audit report of the Alcoholic Beverage Control Board Funds.
PETIT JURY -
The following good and lawful citizens were drawn to serve as Jurors in Super-
Q ior Court for the weeks beginning March 2, 1964 - Criminal; N?arch 9th and March 16th -
p Civil terms:
Jurors for the week beginning March 2nd, 1964 - Criminal
Alred Apostolico RFD 3, Box 529 A
I William B. Baldwin 5021 Pine 5t.
Duncan Murray Barefoot 620 Colonial Dr.
Clarence Hardy Beery 1905 Nun St.
I Mrs. Lassie W. Bell' 306 S. 4th St.
I Thomas Blackham,5r. 1212 Chestnut St.
Charles E. Blanton 3601 Market St.
Harry J. Bowden 212 S. 46th St.
Betty B. Bowen RFD 2, Box 198
Guy C. Bridges Sr. 2732 Carolina Beach Rd.
Dewey R. Brookshire 233 Oakcrest Dr.
Hans Brower Jr. 210 Pinecrest Pkwy..
Fred Brown 1413 Church St.
Irma G. Brown 413 S. 19th St.
J. Frank Brown 230 Greenville Ave.
Edward F. Burke 11 A Lake Vil:
Hannie I. Burnett RFD 2, Box 242
I Harry L. Burns 1208 S. Herr Ave.
William Ray Caldwell 302 N. 43rd St.
B. B. Cameron, Jr. Box 990, City
C. Fred Cameron, Box 765,Carolina Beach
Mrs. Mabel Chenworth 2014 Perry Ave.
James G. Cooper 703 S. Front St.
Frederick L. Cottle 5317 Autumn Dr.
RCottle RFD 1, Box 218
J. C. Crabtree RFD 1, Box 284
P. Grady Crabtree 114 Pine Cone Road
Dorothea D. Croom 204 N. Floral Pky.
Ceocge F. Croom 7 Montgomery Ave.
Nathan Cullins RFD 2, Box 215 A B
Rudolph Solemon Daughtry'22 Morningside Dr.
Ben R. Davidson _ 4203 Peachtree Ave.
Norton R. Davis 4219 Cedar Ave.
John F. Devine 213 S. 13th St.
Lenn W. Downing 15 Woodlawn Ave.
George Driscoll 15 S. Lake Village
Daniel D. Duncan 2825 Washington 5t.
H. H. Duncan 117 S. 15th St.
Victor E. Edens 2807 Market St.
Raymond E. Ellers 2871 A Jefferson St.
Jackie Allen Feltman 61 West Dr.
Lorraine D. Fleishman 808 Windsor Dr.
Harry N. Floyd 56 Lee Drive
Edward Dennen Fox l} Pinecrest Pkwy.
Walter N. Fowler 2920 Adams St.
William T. Francis 1606 Castle St.
Haywood S. Franks 2107 Washington St.
Willie L. Futch 3010 Adams St.
Thomas H. Futch 28 Jackson Dr.
Donald Godbold 1917 Castle St.
Jurors for the week beqinninq March 9th, 1964 - Civil
Vernie C. Grady P. O. Box 3314 '
p C. A. Harrell, 2201 Brandon Rd.
Jimmy Thomas Hartsfield 205 Lake Forest Pkwy.
W. G. Hashagen 102 Brookwood
Jettie L. Hayes 212 N. (}th St.
qRalph G. Hengeveld Box 415, Wrightsv.Beach
1 Ivory Hill 400 McRae St.
William Tommie Hill
' 910 Princess SC.
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Ava L. Honeycutt,Jr. P.O. Box 3 2
! Caro d!na Beach
Doyle Howard 119 Colonial Cir.
A. J. Jackson 110 N. Audubon
Charlie Kennedy 1105 S. 2nd St.
Robert R. Lamb Box 248,Carolina Beach
Frank Alan LeRoy RFD 2,Box 368
James B. Lewis 412 Castle St.
Thomas B. Lilly P. O. Box 900
V. J. Lindenschmidt 1532 Parmele Dr.
William S. Logan 5054 Wrightsv. Ave.
! Emma Lossen 919 S. 3rd St.
IWilliam Allan Mangum P.O Boxi161
tarolna Beach
F. A. Matthew 128 Forest Hills Dr.
Buck H. Matthews 104 Southern Blvd.
Leroy McFadden 5 North Lincoln Cts.
W. B. McGowen 1209 Lincoln
William P. Melton 2520 Washington St.
Jurors for the week beginning March 16, 1964
James Powers 2404 Market St.
; Carl E. Pridgen 6 N. Lake Village
' Mitchell G. Pridgen 1905 Ann St.
' Ralph C. Pruitt 2208 Brandon Rd.
Gary A. Radford 611 Rosemont Ave.
Steadman Raynor 3110 Market St.
- Ted M. Riggs, 410 S. 5th St.
David D. Rivenbark 308 N. 14th St.
Oliver L. Rivers 520 North 116h St.
Bertha Lee Roades 303 Mercer Ave.
James S. Roberts 32 P inecrest Pkwy.
Charles D. Robbins 2209 Chestnut St.
' W. M. Robinson 2709 Chestnut St.
Charles Ruark, Sr. RFD 2, Box 9
George Bennett Russ 445 Greenwood Rd.
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W. L. Schutt, Jr. 1319 Grace St.
Curry S. Shaw 108 Gordon Rd.
W. T. Sikes 504 S. 3rd St.
Dorcus B. Small RFD 2, Box 355
Fred H. Smith 611 Dock St.
Harry L. Smith 2422 Jefferson St.
I LucilleSmith 1203 Princess St.
Lawrence Paul Stanley 19 Elisha Ave.
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Richard G. Stone, Jr. P. O. Box 28
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i sv. Beach
Wrigh
'I George F. Styron Jr. 2811 Park Av.
Milton Custis Merrill 4212 Market St.
William George Miligan 116 Marstellar St.
Ernie E. Mintz 2321 Moss St.
Joseph S. Mitchell 112 N. 9th St.
Edward D. Montgomery B 5 Oleander Cts.
Devaun Lee Mooney 308 Dock St*.
A. J. Moore, Jr., 2801 Willow St.
James W. Moore 213 Rose Ave.
Annie M. Mosley 448 Evans St.
Willis E. Motley 555 Castle Hayne Rd.
John R . Murchison 1309 Azalea Dr.
Leroy Nivins 807 Brunswick St.
Roy V. Page 18 Barnard Dr.
Esther Palmer % Marshall Realty Co.
Gordan 'E. Palmer 11 Morningside Dr.
Wm. H. Palmer 615 Thomas Ave.
Lillie C. Parker 1410 S. 17th St.
Walter C. Pate, Jr. 2103 Chestnut St.
George W. Peterson $12 N. Kerr Ave.
Matthew R. Peterson III 510 Dock St.
Wilton H. Phillips RFD 2, Box 341 Ac??axler
George R. Powell . 420 S. 19th St.
Virgin ia Mathews Powell 102 Lake Forest Pkwy.
Mary H . Powell (}01 S. 3rd St.
Gene G ray Powers !} West Dr., Lake Vil.
Robert E. Tew 510 S. 18th St.
H. Eme rson Thomas Jr. P. O . Box 782
H. 0. Thomas 2103 Wrightsv. Ave.
Thomas Torgersen 429 Larchmont Dr.
Guy O. Tripp 2603 S. Front St.
Michae l Tsaganos 401 N. 2nd St.
Curtis W. Turner 133 Parkwood Dr.
R. W. Waddell 1108 Hawthorne Rd.
J. M. Waggett 108 Bagley Ave.
Richar d Walker RFD 2, Box 377
C. T. Walton 510 S. 5th St.
Mrs. G . A. Warren 242 Princess St.
Ernest J. Wells 512 Grace St.
George H. West 2301 Shirley Road
J. A. West 1319 Princess St.
Ernest H. Whitaker 101 Brookwood Ave.
Elvie Linwood White,Jr.P. O . Box 509
Esther C. White 312 N. 5th St.,
J. R. Wiggs, 3202 Carolina Trailer Pk.
Ken L. Wi lkins 415 B'rlalnut St.
Richar d M. Williams Jr.38 L ee Drive
Martha Koen Williamson 136 Nercer Ave.
Henry Wilson - 514 S. 6th St.
Gerald wolfe 401 Queen St.
Eugene B. Woodbury 104 Stradlei'gh Road
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Minutes of the Meeting February 3, (continued)
ADJOURNMENT -
Upon motion of Mr. Broadhurst, secnnded by Mr. Metts, the Board unanimously
voted to adjourn the meeting.
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W. G?. iiouck, Executive Secretary?
Wi lminoton, N. C. February 17, 196h.
ASSEMBLY
The regular semimonthly meetino of the New Hanover Board of County Commiss-
ioners was heid on the above late at 9:00 A. M. in the Commissioners' Room of the County
Court House with the followingiyattendance: Chairman J. M. Hail, Jr., Commissioners
P. H. Braak, L. E. Broadhurst, Ernest R. Viayhan and John Van B. Metts, Jr., County
Attorney L. Bradford Tillery and County Auditor T. D. Love, Jr.
INVOCATION -
Chairman called the meeting to order and asked Reverend D. L. Alexander,
Pastor of the First Christian Church, to give the invocation. ,
APPROVAL OF THE NINUTES -
Upon motion of Mr. Mayhan,seconded by Mr. Metts, the minutes of the last
meeting held on February 3rd, copies having been mailed to each of the members, were
unanimously approved.
TAX FORECLOSED PROPERTY
On March 4th, 1963, approval was given by the Board and the City Council
for selling jointly owned tax foreclosed property described as Lot # 30 in Bronx C Sub-
division in the amount of $550.00 to E. E. Costin after it had been appraised by the
County Appraisors as a fair market price. Attorney John C. Wessell, Jr., representing
the original owner, Stephen J. Hawes, stated that proper personal service was not made
upon Mr. Hawes at the Lime the tax svit was brought in favor of the County and City.
This he claims renders the title to the property fatally defective. The tax foreclosu
covered a period of time from 1933 to 1945• Ne offered the following proposition for
consideration:
1. That the City and County return to Mr. Costin the sum of $550.00.
2. That I back-list this property for a period of five years from date and pay I
taxes thereon.
3. That Mr. Costin pay unto me the sum of $550.00 and I give unto him a good and
warranty deed for the property in question. ;
After a brief discussion in which it was pointed out that
list the property for only 5 years for the taxes but Lhat
1933 and all penalties and interest figured on it, if any
but it would be necessary for the City to agree to consid
was referred to the County Attorney £or consultation with
recommendation at a later date.
FORECLOSURE PROCEDURES
it did not seem proper to back-
it should be back-listed until
consideration was given to it,
zr it and, therefore, the mattei
the City Attorney to make a
After the discussion of the above matter, the Chairman recalled that on Sept-
ember 4, 1962 the present foreclosing procedure was brought before the Board. At that
time, the County Attorney advised the Board that the present procedure was known as "in
personam", that is, against the owner but that the General Statutes provided for another
method which might simplify the problem which is knoom as "in rem", that is, against the
property. The County Attorney reminded the Board that the Supreme Court had never rule
on the latter procedure. A discussion followed in which it was recogni2ed that the City
Council would have to agree to any change that might be made in this procedure and,by
common consent,the Board instructed the County Attorney to confer with the City Attorney
and bring back a recommendation.
DEE? DELIVERY -
The question of Warranty deeds was again discussed and the problem of whether
or not the purchaser,sof this tax foreclosed property really understood that the deed is
not a Warranty conveyance of title but that the County and City are selling only the
equity which they own, The County Attorney suggested that in the future all buyers
of this type of property be required to sign a receipt for the deed which includes a
statement that it is not a Warranty deed, He suggested the following form:
"The undersigned acknowledges having receipt of deed covering whatever interestl
New.Hanover County may have in that certain tract or parcel of land described as: I
It is expressly understood and acknowledged that the recipients and grantees
in this deed have been told and understand Lhat New Hanover County does not warranIt
any interest in said property and does not covenant nor intend to defend said titlip
nor to make any adjustment in the event that it should later be determined that
said title is defective.
(Seal)
Witness:
By common consent, the Board approved this procedure.
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