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1965-08-02 Regular Meeting~~~~ _ .- ___ ___ .~.. -.. ~ _ _ August 2, 1965 Wilmington, N.C. . ASSEMBLY - The regular semimonthly meeting of the New Hanover County Board of Commiss- foners was held on the above date at 4:00 P. M. in the Commissioners~.Room of the County Court House with the following members,in attendance: Chairman Jos. W. Hooper, Jr., Commissioners M. H. Vaughan, Laurence 0. Bowden, Peter H. Braak and J. M. Hall, Jr., County Attorney L. Bradford Tillery and County Auditor T. D. Love. IMUOCATION - The Chairman called the meeting to order and asked Reverend L. O. Saunders, Pastor of the Mount Olive A.M.E. Church, to give the invocation. APPROVAL OF THE MINUTES - Before approval of the minutes, Mr, Vaughan requested that the motion msde by ~him in forwarding road petitions to the State Highway Commiss.ion be changed to read "approved I~for consideration by the State H~ighway Commission" instead of "approved and sent to the Highway Commission for their consideration". Dr. Hooper made a motion that they be approved 'ias amended. It was seconded by Mr. Hall and unanimously carried. STA1'E HIGHWAY COPM7ISSION VISITATION - The Commissioners assembled at 3:00 P. M. o~ciock and met with a delegation from the State Highway Commission comprised of Ashley M. Murphy, Paul J. DuPree, Third Division Engineer and F.loyd J. Bass, Assistant Division Engineer and R. O. Powell, Resident Engineer. Mr. Murphy reviewed the present status of roads in New Hanover and assured the Commissioners that he would work 100% to make his term of office as effective as possible. He reported ,that the proposed ferry service between Fort Fisher and Southport is scheduled for October l~th, 196$. He also assured the Board that plans for the pr,oposed bridge crossing of the ICape Fear River are set and progressing favorably. He to•ld the Commissioners that he was 'at their beck and call every day of the week except Sundays and wouid welcome an opportunity ito work with them whenever needed. The Chairman thanked him for his fine report and 'lassured him of their full cooperation, particularly on the upcoming $300,000,000 Road Bond Issue scheduled for November. HUMANE SOCIETY - ~ Representatives of the New Hanover Humane Society reported on their activities for the past few years showing that their income was far less than their expenses and their bank balance is slowly diminishing. They requested any help along this line the Board might see fit to render but suggested the Board look into the matter of combining the City Dog Warden and Animal Shelter services iaith the County Dog Warden and services in order to !assure a fulltime operation. She a.lso requested authority from the Board to assume respon- sibility for the care and disposal of in,jured animals that are unclaimed and unidentified Iby tags and for practical purposes ciassified as "strays". After some consideration of this 'question, Mr. Vaughan moved that.any action on this matter be deferred until the County ~Attorney has a chance to review the General Statntes on the sub,ject and give a legal opin- ion. It was seconded by Mr. Bowden and unanimously passed. WELFARE LIEN - Mr. H. E. Shepard explained to the Board that he is the son-in-law of Mrs. Bertha W. Stokley who owned approximately 115 acres of land ad,~oining the Pine Valley Estates Sub- division. She received Welfare grants during her lifetime of approximately $13,1}00 which ~is recorded as a lien against her property. He claims he was her sole support during the 12 years of her life and paid her burial expenses. He is entitled to 1/16~interest in the property which amnunts to $1!},2$0.00. He has a quit claim deed for the property which leads him to question whether or not he is liable for the full amount of the lien. Under the law, the Statute of Limitations would have abrogated the lien in October. He is will- ing to pay off the lien provided he is liable for it and given a little time but can not pay the whole amount in cash. The Board suggested that he employ an attorney to protect his interests in the matter but he requested permission to liquidate it on the installment basis within one year. Finally, the Chairman suggested that he think the matter over and come back in two weeks as the Board wants to help him work out this situation if it is legally possible. IIROAD PETITIONS - ~ Petitions were received from property owners and citizens living on Ness Ave., Rose Ave., and Yorktown Drive for adding them to the State Mainained Secondary Road Sys- tem. Mr. Hall moved that they be approved and sent to the State Highway Commission for review and consideration. It was seconded by Mr. Bowden. Before the ballot was taken, IMr. Vaughan offered a substitute motion that the petition be approved for consideration iby the Highetay Commission. There was no second to the subst3tute motion and the Chairman ruled it dead. When the ballot was taken on the original motion, Mr. Vaughan voted con- trary to Lhe motion but all,other members of the Board voted in favor of the motion and the Chairman declared it carried by a majority vote. EQUALIZATION AND REVALUATION - I The Tax Supervlsor recommended that the Board give consideration to awarding 'ithe contract for the octennial revaluation scheduled to be completed by January 1, 1967. IIHe reviewed the report made by Property Assessor Raymond E. Blake, Jr, after investigating several counties in which the Southern Appraisal Company had done the work. The com- Imittee composed of Messrs, Hail and Vaughan feit that they would like to have a little Imore information direct from the company, particularly as it had to do with some of the criticisms that were voiced in the report. The Tax Supervisor is of the opinion that any 'company doing the work will have to be closely supervised to see that it is accomplished according to.coatract and, therefore, recommends that the Southern Appraisal Company, the Ilow bidder, be awarded the contract, knowing that it will be necessary to supervise the I'work. Mr. Morton, an employee of the Southern Appraisal Company, was present but felt like any questions with reference to the capacity of the company to do a good job of work should be answered by an official of the company. By common consent of the Board, the Tax Super- visor was instructed to arrange a conference with an official of the firm at,5:00 P. M. Monday, August qth with the Committee. ~~ I r~~:~~ . . Minutes of the Meeting August 2, 1965 Continued INTERNATIONAL NICKEL TEST STATION - Mr. Bowden reported that he had made an inspection of the proposed addition of 1~}0' which the International Nickel Company intended to add to their test station at Kure Beach as requested by letter of June 17th by Mr. V. G. Taylor. He does not ' see any need for leveling any sand or dunes along the beach front in order to accomodate ~i the enlargement of the facility. He has not yet been in touch with Mr. Taylor but will do so and will discuss the matter with him. ' ZONING REQUEST - I Mr. Braak reported that his Committee had met with the County Planning and Zoning Board and their Board has agreed to work out a Zoning Ordinance for Cape Fear Township which will solve the problem presented by Mr. Kenyth A. Damke, et al, at the ~ last meeting on July 26th. He reports that the Mackie Lumber Company of Newton, North j Carolina has been notified of this action and, in fact, the lease which he accepted in- ' cludes the stipulation that it is sub~ject to any present ordinances or future ordinances' which may be established by the Board of Commissioners. The County Attorney reported that it would require a Hearing which would take some time to complete plans to establis the Zoning of Cape Fear Township. They will proceed as soon as the Planning and Zoning Board has worked out the details and specifications of the Ordinances. AIRPORT ACCESS ROAD - Dr. Hooper reminded the Board that it had authorized the State Highway Engine~rs to investigate the feasibility of constructing an access entrance to the Airport to allo~ easy movement of traffic during times when there were crowds assembled for air shows, et cetera. The State Highway Engineers have sketched their recommendations which would traverse property owned by Mr. Oliver C. Hutaff. They have asked the Board if it desirEs them to approach Mr. Hutaff for an easement across the property or if the Board wished t make their own approach. The State Highway`Commission definitely can not pay for a righ~- of-way. They recommend that the Commissioners make their own approach. After some dis- cussion, the Board approved their recommendation and authorized the County Attorney to write Mr. Hutaff about allowing the road to cross his property and donate the right-of- way as it would enhance the value. STATE BUREAU OF INVESTIGATION REPORT Subsequent to instructions at the last meeting, the Executive Secretary scheduled this subject on the Agenda. After a thorough discussion, the Board, by com- mon consent, authorized a letter to Solicitor James C. Bowman asking him what action he plans to take with reference to the recent audit report showing a shortage in Re- corder's Court Funds. RECORDER~S COURT RESPONSIBILITY - ~ Mr. Vaughan referred to statements allegedly made by the Clerk of Superior ~~ Court admitting that he knew of misconduct in Lhe Recorder~s Court Office for which he was r~sponsible and asked the County Attorney to comment on it. The County Attorney referred him to a letter dated January 25th, 1965 in which he pointed out that after a study of the law, it is his opinion that responsibility for determining if action should be taken, lies w!th the ,judicial officers of the courts. The record of the Hearing '~ held in connection with the shortage is a part of the official minutes of the Superior ' Court and is available to the County Solicitor, the District Solicitor and the Resident Judge. In his opinion, the Board of Commissioners is under no duty to initiate any proceedings regarding that matter, however, he did state that any citizen has the right and duty to speak to either of the Court officers and inquire of them on any svb~ject which is of public interest. Mr. Vaughan stated that he is concerned abovt an official making statements which indicate that he knows of misconduct and nothing is being done I about it and offered a motion that the Board authorize the County Attorney to inquire of Hon. Rudolph I. Mintz the present status of the Clerk of Superior Court in view of his testimony made at the Hearing of Mr. T. D. Love, .]r. and to determine what effects these statements have on his status as Clerk of Superior Conrt. It was seconded by Mr. Braak and unanimously carried. SURPLUS CONN40DITY DISTRIBUTION - The Executive Secretary reported that Mr. Harry F. Thomas, newly appointed 0 Surplus Food Distribution Supervisor for New Hanover County hadinformed him that the County Avditor was unable to pay the salaries of replacements for vacancies as the Board had no appropriation providing for it. He also requested permission to increase the hov~ly pay rate of the one helper from $1.25 per hour to $1.50 per hour. After some discussio of this problem, the Board unanimously agreed that vacation salary for Mr. Thomas and Mr~', Boone be paid out of the Extra Help Fund and if it was exhausted in the spring, they couid review the matter at that time. I ~TATE RECREATION ADVISORY AGENCY - Mr. Vaughan reported that he had recentiy had an occasion to meet a member of the State Recreation Commission who advised him that they would make an investigation and evaluation of potential recreational areas and cooperate with political subdivisions and advise them in planning their recreational programs upon request. He offered a mot- ion that the Board request them to survey the ar,ea along the beach from Masonboro Inlet at Wrightsville Beach to the Inter-coastal Waterway at Carolina Beach along Atlantic Ocean. It was seconded by Dr. }iooper and unanimously carried. SALT MARSH MOSQUITO EQUIPMENT The Executive Secretary reported that he has been furnished with specifica- tions for the proposed dragline approved for purchase by the Board forthe purpose of Salt Marsh Mosquito Drainage Control and asked the Board if they desired him to advertis~ for bids. After a brief discussion in which it developed that a misunderstanding as to whether or not it would do both fresh water and salt water drainage, the Board decided to instruct the Executive Secretary to invite Mr. W. H. Cranford, the Sanitarian for the Department of Health, to meet with the Board at their next regular semimonthly meeting. ~ II W ~~-~. : VAGRICULTURAL EXTENSION SERVICE RESIGNATION - The Chairman read a letter from the County Extension Chairman, to which was 'attached a letter of resignation from Mrs. Frances H. Fortune, as Assistant Home Economics Agent, effective August 13, 1965. In his letter of transmitta2, the Extension Chairman expressed his regret but said he was looking forward to securing a well qualified person to carry on the 4-H Program in the County. Mr. Braak moved that the resignation be accepted 'and that they defer filling the vacancy until a later date, with the suggestion that the re- placement be a man to replace Mr. Whitehurst and thatthe salary be transferred for that pur- pose. There was no second to this motion and the matter was left undecided. Minutes of the Meeting August 2, 1965 Continued __ IEIIRPORT ADVISORY COMMITTEE - The Chairman made the follotving appointments to serve on the Airport Advisory Com- mission as authorized by the Board: Mr. Henry E. Longley, Chairman 2118 Oleander Dr. I Mc. John L. Browning 2715 Parmele Drive. Col. H. Van Reid Chamber of Commerce ~ Mr. Lewis Williams 3105 Princess Place Dr. Mr. W. HoraCe Corbett 2509 Market St. ~IWELFARE ABUSES - In reply to the request by the Board for a list of names of Welfare recipients who have been detected abusing the Welfare regnlations, the Chairman of their Board replied that they furnish the Commissioners~ Office each month with a list of actions taken during thati month pertaining to assistance granted by the Welfare Department involving Federal, State, and local money in accordance with the General Statutes. They considered this suf- ficient notification. The Board of Commissioners, however, asked that the list be made and furnished them of the individual cases and instructed the Executive Secretary to confer with ,the Welfare Department on this matter. PETIT JURY - The following persons were drawn to serve as Juro~in'Superior Court for the weeks beginning September 13, 1965 and September 20, 1965 - Civil terms. IJurors for the week beainninq Sentember 13. 1965 - Civil I,Allen, Horace RFD 1, 8 166 Castle Hayne,N.C. llender, Mrs. P. J. RFD 3, B 2l~lE Bell, Margaret H. 214 N. ~.4th St. Beddoes, F. H. 205 Oakcrest Dr. ~BennetL, C. R. 318 Ann St. Benton, Mrs. K. H. 201 N. 42nd St. I Bohannon, J. C. 1114 S. Kerr Ave. Bowman, Willie 1108 Miller St. Boylan, Joseph E. Jr.134 Bermuda Dr. Branch, Herbert Jr. RFD 1, Castle Hayne ~'Brock, Ruth Rhodes !}710 Long Leaf Hills ~Brown, M. C. Box 125 Wrifle~~~. Buie, James W. Jr. 173 Forest Parkway Butler, James R. 1010 Wright St. ;Campbell, John D. 2307 Dexter St. Carlton, Clyde W. 306 Central Blvd. Carter, Fon2ie 2l~L~.6 Wrightsv. Av. Carter, Wiliie ' 405 Harnett St. Chasten, Mrs. Roxie L. P. O. Box 825 Cherry, Ben,jamin 809 Windsor Dr. Cook, Joel H. 18 N . 26th St. Cottle, Eura T. 226 5. 58th St. Cottle, Laura A. 2452 Wrightsv. Ave. Davis, James W. Js. 206 Forest Road ~Dawson, Henry 815 Harnett St. Jurors for the week beqinninq September Holder, James 49~6 Pine St. Honeycutt, Earl Thomas 9 Z Lake Village Horne, Jr., R. T, RFD 1, B 415 IHorreil, Rubin 217 Castle Hayne Rd Hufham,, Robert 5. 38 Wayne Dr. Hunt, John W. Jr. 916 S. 3rd St. Hunt, Nerta J. - 624 Coloniai Dr. James, J. W. P. O. Box 30~ p' Carolina each Johnson, Augustus 612 N. lOth St. Lewis, Elizabeth RFD 2, B 111 Mack, Thelma RFD 1f3, Box 420 Mazur, Chester E. 254 Two Chopt Rd. Mayer, Ruby L. 220 N. 22nd St. McConnell, George C. RFD 2, Box 33 ~~McInnis, P. K. 182 Colonial Cir. VMcHoy, G. P. 2221 Klein Rd. McKinnon, W. W. Box 31, Wrigh~each ,Mercer, Lloyd E. 14 W rightsv. Ave. ~Morgan, Joseph H. 5032 Market St. Moore, Henry H. 5020 Wrightsv. Ave. Newkirk, Quincy 417 S. 13th St. Newton, John N. P.O. Box 83 Parker, Johnnie C. 22ff8 Camellia Dr. Parris, A. R. 505 S. 16th St. : ~ Denton, Wm. R. Durham, B.W. Edwards, R. V. Efird, Hazel M. Ellerby, Samuel Ellis, Homer R. Evans, W. G. Farmer, Margaret B. Flynn, Margaret King Foster, Norman G. Fowler, Mrs. Mae McI. Foy, Elizabeth R. Futch, J. D. Graham, Henrietta Graves, Ruby Pierce Gore, William Jesse Hall, Alex S. Hamilton, Jessie A. r Harrell, Annie H. Harris, Lura Hayes, Robert T. Helms, Willfam:.H. Hill, Judson H. Hines, Paul C. Jr. Hines, Rufus 20. 1965 - Civil 27p9 Van Buren St. 1736 Orange 5t. RFD # 1 B 83 Castle Hayne P.o. Box 58 70 N. 7th St. 10 E. Alabama Ave. 1917 Pender Ave. 2205 Brandon Rd. 705 N. Kerr Ave. 1009 N. Kerr Ave. 215 Red Cross St. 2402 Oleander Dr. ~,,, 3905 Princess St. 435 ~1ay st. P. o. sox 552 Wrightsv. Beach 22 N. 26th St. 2730 Churchill Dr. 558 Shipyard Blvd. 1011 N. Kerr Ave. 230 Lake Forest Pkwy. 4015 Halifax Rd. 4129 Halifax Rd. 3911 Cherry Ave. RFD 3, B 317 RFD 1, Box 33$ Peace, Uernon D. 615 Dock St. Pratt, Charles F. Sr. 207 Bonham Ave. Pridgen, Joseph F. 411 N. C. Ave. Robbins, Chester C. 201 S. 58th St. Richard, G. L. 315 5. 7th St. Rosselot, Gerald S. L.~B Greenwood St. Russ, Lillie May ~ O1 Perry Ave. Russo, William L. 25 I vey Circle Sandifer, Mary E. 222 Borden Ave. Scott, James E. RFD 1, Box 80 Spivey, David 213 Wallanda Dr. Stanley, Pearl Norris 2311 Market St. Sutton, Wm. H. 11(}0 Maanolia P1. Taylor, Melvina C 25 Box 357 Telfair, Wendell Norwood 710 Chestnut St. Tutchton, Barbara Olness 1908 Perry Ave. Vaughn, William A. 806 Central Blvd. Wade, Olivia RFD 2, Box 262 Ward, G. S. RFD 1, Box 87 Webb, Alex Jr.' 615 S. 8th 5t. Webb, Sallie 11{27 5. Kerr Ave. Williams, E. B. 2210 Oak St. Williams, McDonaid 15z Wrightsv. Ave. J ~~:~ Minutes of the Meeting August 2, 1965 -;---~DJOURNMEIVT- - Upon I to ad3ourn their Continued motion of Mr. Vaughan, seconded meeting as there was no further by Mr. Braak, the Board voted unanimously~ business to be brou' or them. ~ ~~ I . H , xecutive Secret~ry Wilmington, N. C. August 16, 1q65 HJJLI~ItiLY - The New Hanover County Board of Commissioners met on the above date at l}:00 ~I P. M. in the Commissioners' Office with the following membersin attendance: Chairman Jos. W. Hooper, Jr., Commissioners N. H. Vaughan, Laurence 0. Bowden, Peter H. Braak, and 3. M. Hall, Jr., County Attorney L. Bradford Tillery and County Auditor T. D. Love, Jr. INVOCATION - 7 Reverend George G. Gay, Jr., Pastor of the Gregory Congregational Church and Chaplain for the day, was not present and the Chairman suaoested the Executive Secretary to offer the invocation. APPROVAL OF THE MINUTES - Upon motion of Mr. Braak, seconded by Mr. Bowden, the minutes of the regular semimonthly meeting held on August 2nd, copies of which had been mailed to each member of the Board, were unanimously approved with a minor correction. HEARING - SUBDIVISION ORDINANCE Pursuant to public advertisement in t'tie Wilmington Morning Star on July 28th, ry 1965, announcing the Public Hearing on a proposed Subdivision Ordinance for New Hanover County, the Chairman opened the floor for discussion. Members of the South Eastern Chapte~° of the State Society of Surveyors were represented by Mr. Hoiaard M. Loughlin, who stated that he had stumbled upon the information that a Hearing was to be held today on the Ordin~ ance. He realized the legal advertisement compfied with the law but suggested that copies of this proposal be furnished interested groups in the County before taking any action. Mr. Richard A. Shew; a local realtor, stated that they are not opposed to a Subdivision Ordinance, in fact, that they think there should be some controi over land development in ' New Hanover County but that he is not familiar with all of the provisions in this proposal and suggested that action on the matter be deferred'at this time and that copies of the proposal be furnished those interested in the orderly development of the County for study.,l He cited an example in Breezewood Subdivision where Ro'se Avenue Eztenslon can not be accepted by the ~tate Highway Commission as a Secondary Road for maintenance because of i improper drainage. He reported that some time ago, a petition ~~as circulated for cleanin~~ out the canal from low water mark at Bradley Creek up to the Rose Avenue crossino but at V that time his engineer advised that it was not necessary and, 4.herefore, he refused to I agree to the drainage. He is willing to reconsider the matter providing he is furnished with a topographical map but believes that some hand ditching might very well solve the problem. He also exhibited pictures of flooded scenes within the City limits and stated that the water backed up 8" into a house on Knollwood Road during the recent rains becausel of a dam across the stream below. He quoted a statement from a recent book written by Robert C. Weaver in which he stated it is time for the government to take back all the land. After some discussion of this subject, Mr. Vaughan offered a motion that action be ' deferred until the next meeting and that the Executive Secretary have one hundred copies of the Ordinance made ior distribution to the various organizations and peopie interested ~ in the orderly land developmenL of the County. It was seconded by Mr. Hall and unanimous,y a~prove,d. ; DRAGLINE DRAINAGE EQUIPMENT - I Complying with instructions at the last meeting, the Executive Secretary had invited Mr. W. H. Cranford to meet with the Board for a discussion to clear up a misunder- standing with reference to the operation of draglines of the Health Department. Some mem- bers of the Board understood that iL was the intent of the Department of Health to con- tinue the operation of the present dragline in fresh water mosquito control drainage and purchase a new dragline and begin salt marsh mosquito control drainage. Others understood~ that they propose to operate only one dragline which wouid be suitable for both types of ~ mosquito control drainage. Mr. Cranford explained that, in his opinion, as well as the ; State Engineer's opinion, the maintenance cost on the old antiquated dragline now being used in fresh water drainage is excessive in addition to the time lost for repairs. After , explaining to the Board that his recommendations were to purchase a new dragline suitable for doing both fresh water and salt marsh drainage and discontinue the operation of the old dragline now being used; Dr. Hooper offered a motion that the Executive Secretary be authorized to advertise for bids after conferring with Mr. Cranford in drawing up specifi-~ cations to meet the needs of both kinds of drainage. It was seconded by Mr. Bowden and wh.n the ballot was taken, Mr. Vaughan voted "NO", but since all other,members of the Board voted "YES". the Chairman declared the motion carried. ROAD PETITION - A petition was received from a group of citizens living in the neighborhood of Hugh MacRae Park, requesting that an access road into Hugh MacRae Park be restored to I passable condition in order to accomodate the pupils from the Long Leaf Hills,are2 in getting to the Winter Park Elementary School and the Roland Grise Junior High School witho~,~t going over the heavily traveled roads which are used by automobiles and trucks. The dedi- cated right-of-way is about 250' of Ridgeway Arive from its intersection with Long Leaf Hills Drive into the Hvgh MacRae Park roads. The principal of the Winter Park Elementary School, Mr. H. J. PricGee, presented the petition for the property owners and explained how I beneficial it would be to the people living in that area: The Executive Secretary reporte~3 that a petition had been presented to the State Highway Commission in 196o for this exten- sion but at that time it was considered~ligible. The petition ~2519 uaas given the re- quest at that time. After a brief discussion, Dr. Hooper offered a motion that the Board endorse the request and ask the State Highway Commission to restore the shorL section of road to its former usefulness and make it passable. It was seconded by Mr. Bowden and unanimously approved. u t