1965-12-20 Regular Meeting, ~-
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STATE OF NORTH GAROLINA
COUNTY OF NEW HANOVER )
In the Superior Covrt
December Criminal Term, 19b5
Upon the organization of the Court and the calling of the Jurors who had been
subpoenaed for the term, twenty-four answ¢red. Five were excused for disability reasons,
and the Court being of the opinion that at least twenty-eight ,~urors will be needed for
the disposition of the work at this term,
Therefore it is ordered that twenty additional names be called for ,jury duty,
commencing 2:30 P. M. today. •
It is ordered that the Jury Box be brought into Covrt and the Clerk of the Board
of County Commissioners, together with the Clerk of the Superior Court and Sheriff, proceed
by drawing the foilowing names:
u~~a,p,~nh .T Mint~
JUDGE PRESIDING
~ Buie, Dan bo5 w. 16Lh St.
i Jacks onville 6, Fla.
Crandall, George I. RFD 2, Bor. 516 River Road
Green, Wi113am Th omas 42~ Mosely St.
Innis, Marcus K. 5407 Wrightsv. Ave.
i
Johnston, Stephen Cole 312 Parkway Dr.
' Kentrolis, H. N. 257 Peiffer Ave.
Maides, James B.
~ 431 McCrae St.
Mason, Fannie C. 319 Greenfield St.
McHee, W. D. 226 Bonham Ave.
~ McNeill, Y!. James 710 Dock St.
Nixon, Cornelius Jr.
Potenzino, A. D.
Pluta, Joseph A.
Rogers, J. M.
Shipman, Bertha M.
Strickiand, Rupert
West, R. F.
Wiggins, M. R.
Willetts, David Gray
Wood, Charlotte
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RFD 1, Box 150
Jacksonville Ave.
l}19 Pine Hill Dr.
4715 Oleander Dr.
21 Hudson Dr.
21 Sunnyvale Dr.
4210 Wrightsv. Ave.
327 Pine Grove Dr.
5023 Barefoot Dr.
llll~ Dawson St.
Wilmington, N. C. December 20, 1966 8:00 A.M.
ASSEMBLY -
The regular semimonthly meeting of the New Hanover County.Board of Commissioners
~ was held on this date at B:OO A. M. in the Commissioners Room of the County Court House
with the following members in attendance: Chairman, Dr. Jos. W. Hooper, Commissioners
I Peter H. Braak, Laurence O. Bowden, J. M. Hall, Jr. and M. H. Vaughan, County Attorney
L. Bradford Tillery and County Auditor T. D. Love, Jr.
INUdCATION -
The Chairman called the meeting to order and asked Reverend David L. Alexander,
Pastor of the First Christian Church, .to give the invocation. ~
APPROVAL OF THE MINUTES -
~ Before approval of the minutes, Mr. Vaughan requested that the following addi-
tion be made to the paragraph headed "PENSION AND RETIREMEI~T P1AN", after the word "dis-
missed", "he finaily voted yes only because he felt the Board incurred this oAligation
through failing to have the State investigation made concurrently with Mr. Harriss~s"'and
made the vote unanimous. In the paragraph headed "SCHOOL ROAD PAVING", insert after
"Schooi System" the words "at the invitation of the Board of Commissioners" and under the
paragraph headed "REHABILI.TATION QUARTERS" add '~Dr. Fisscher is to expiore the,possibility
of the use of A°.B.C. Funds to cover the cosL of the program and to report back to the Board
at their second meeting in January details of the proposed ;operational procedures so that
~the Commissioners can see what they are getting in.to. Mr. Bowden reported that the Mental
Health Advisory Board requests that all fiscal matters presented to the Board of Commissioners
come through them."; and under the Paragraph headed "ANNUAL REPORT - PUBLIC FUNDS", after
the word "approval", insert the following sentence, "By common consent, the Board urged the
jClerk to take the necessary steps to see that the funds which are eligible to be escheated
are taken care of immediately." After these amendments, Mr. Vaughan offered a motion the
minutes be approved as amended above. It was seconded by Mr. Bowden and unanimously passed.
,AIRPORT SMOKE CONPIAINT -
The complaint made by the New Hanover Flying Association about Lhe danger of
~,smoke arising from the City Trash Dump was referred to the Joint Study Committee to take
'up at their meeting scheduled for 8:00 A. M. December 30, 1965 in the City Council Chambers.
BUILDING CODE AN~ENDMENT -
The County Attorney reported that the Building Inspector had discussed the 1965
iAmendments to the State Uniform Residential Building Code and ca2led attention to Section
~I26 (5) "permitting the use of wood shingles for roofing under certain conditions." He
has studied ~ the provisions of the amended Code and recommends that it be adopted by the
Board with the exCeption of the above section. After some discussion of this matter,
Mr. Hali moved that the 1965 amendments to the State Uniform Residential Code be adopted
for New Hanover County except section 26 (5) with reference to wood shingles to be used as
,roofing. It was seconded by'Nir. Braak and unanimously carried.
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Minutes of the Meeting December 20, 1965 Continued
RESIGNATION - JWENILE JUDGE ~
A letter was received from H. Foster Edwards, Judge of Juvenile Court of
New Hanover County, offering his resignation effective January lst, 1966. This is
as a result of the aoreement between the County and City officiais to merge the County
, and City Juvenile Courts into one Court to be presided over by the City Juvenile Judge, '
J. Hardie Ferguson, with the County agreeing to take over the Probation staff. This
action is in accordance with provisions of G. 3. 110-22. Upon motion of Mr. Vaughan,
~ seconded by Mr. Braak, the Board unanimousiy accepted the resignation, effective upon ,
the implementation of the joint Juvenile Courts. i
MENTAL HEALTH - RECOMMENIlATION
A letter was received from the Mental Health Advisory Board announcing that
Pender County is considering the use of the services of the Mental Health Center and
will contribute $3,000.00 annually. They recommend that it be used to procure addi-
tlonal professional staff or to develop a program of further training for the Center
staff with Dr. R. L. Rollins. Action on this matter was deferred until the next meet-
ing.
Mr. Hall stated that the Mentai Health Center is permitted to distribute
drugs. ~r Each prescription is written for the drugs and filied at a drugstore, the
5tate participates in the cost of the drugs to indigent persons but he stated that on
occasions, it has been brought to his attention that in some instances, drugs are be-
ing handed out without a prescription in which the total cost is borne by the County.
After a brief discussion, the Board, by common consent, authori2ed Mr. Bowden to check
on the drug distribution by the Mental Center at their next meeting. By common consent,
the Board authorized the Chairman to write a letter calling their attention to the bud-
geted item for drugs.
Funds- 'fransfer - The Covnty Auditor reported that the Mental Heaith Center I
needed some additional funds in their Books, Tests, Materials and in Janitor~s Supplies
Account. He recommended that $200.00 be transferred from the Menta2 Health Social '
Security Fund to each of the above items. Upon motion of Mr. Bowden, seconded by Mr, I
Hall, $400.00 was transferred from the Mental Health Social Security Account-.and $200.O~i
to each of the above accounts allocated. .
BACK TAXES - WILMINGTON COLLEGE • ;
Mr. L. Bradford Tillery, Chairman of the Board of Trustees of Wilmington
College, reported that about $11,000.00 in back taxes has b¢en collected which is due
Wilmington College. He requested that the Board authorize the Auditor to send them i
to the College and upon motion of Mr. Hall, seconded by Mr. Vaughan, the Board unani- i
mously appropriated all back taxes to be paid to Wilmington Coilege which have accrued ~
to their credit.
ZONING - ~
Mr. Vaughan asked Mr. Tillery if there was any particular need for zoning ~
around the k7ilmington College property to prevent unsuitable developments from being I
~stabllsheQ.. "He did not forsee any immediate need but suggested that it might be welll,
to consider such a proposal. Mr. Uaughan then offered a motion that the County Plannin'a
and 2oning Board be asked to meet in Joint Session with the Board of Trustees of Wii- '
mington College for the purpose of discussing ihis problem. It was seconded by Dr. ~
Hooper and unanimously passed.
APPROPRIATION - CSC
The Chairman observed that at the last meeting a transfer of funds in the
amount of $200.00 was made from the Travel Account of the Clerk of Superior Court to
the Supply Account and asked the Auditor if he had a recommendation as he understood
that was not sufficient. The Auditor recommended that $800.00 additional appropriation
be made from the General Emergency to the Clerk of Courts - Supply Account and upon
motion of Mr. Braak, seconded by Dr. Hooper, the recommendation was approved unanimously~,
AUDIT - TAX COLLECTOR
The County Auditor presented a bill from the auditing firm checking the booksl
and records of the Tax Collector's Office covering the 196!} settlement in the amount of ~
$1925.00 of which the County~s share is $962.50. The Budget item for this expense is
$900.00 , therefore, $62.50 additional appropriation is necessary before the bill can be
paid. Upon motion of Mr. Braak, seconded by Mr. Hall, the Board unanimously appropriat!d
$62.50 from the General Emergency Fund to the Audit of the Consolidated Tax Office and
approved payment of the bill. I
EXTRA HELP - SURPLUS COMMODITY
The County Auditor reported that the office clerk at the Surpius Commodity I
.~had to employ help in order to continue the operation. He has no funds appropriated I
with which to pay the extra salary. He carrie9 the account under the Welfare Depart-;
ment's Budget and recommends that the Board authorize payment from Unspent Salary Funds '
which are availabie in the ?Aelfare General Fund. Upon motion of Mr. Hall, seconded by
Mr. Vaughan, the Board unanimously approved this recommendation..
~ ~ is in the Hospital and that the Commodity Supervisor
ROAD PETITION -
Pursuant to instructions at the last meeting, the Executive Secretary re-
ported that he had conferred with the State Highway Commission with reference to the
request by Greenview Ranches for adding roads to the State Maintained Secondary Road
System. He is informed by the Division Engineer that since the streets are dedicated
as right of ways, the petition signed by the New Hanover Development Company is suffi- ,
cient for their needs. He also stated that some additional improvements wouid have to
be done before the State would,agree to accept them. Mr. Hall then moved th at the
petition be tabled. It was seconded by Mr. Braak and passed by a majority vote. Mr.
Bowden voted "NO". Dr. Hooper then offered a motion that the Executive Secretary
write to Mr. Harold Green and tell him to resubmit it in the proper form and notify him
of the action to table the present petition, Before the ballot was taken,Mr. Vaughan
offered a substitute motion that Mr. Harold Green be advised that the petition has been I
tabied and asked him to resubmit it in the customary form signed by all the property
owners making the request. It was seconded by Mr. Bowden and when the ballot was '
taken, Mr. Ha12 uoted "NO", Mr. Braak abstained from voting but the Chairman declared
the substitute motion carried. by a ma,jority vote. ~
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Minutes of the Meetinq December 20. 1965 Conti_nued _
ATTORNEY FEES - CHILD ADOPTION
The Chairman reminded the Board of the request dated November 3rd by the Public
Welfare Department for allocating $!}00.00 as a retainers fee for an attorney to clear
children for legal adoption whenever homes become available. They reported that they
have 5 children now in ages from 3 to 1l} years eiigible for adoption and that if these
children remained in the care of the Welfare Department until their 18th birthday, it would
~,cost a total of $38,800. The County Auditor recommended that the Board give him permis-
sion to charge this attorney fee to the General Assistance Fund in the Budget and upon
'motion of Mr. Bowden, seconded by Messrs. Hall and Vavghan, the Board unanimously approved
this recommendation.
IADVERTISING - .
The Chairman read a letter from the President of the National Association of
County Recorders, who is a North Carolinian, and in the name of the State Association of
Registersof Deeds, is planning a"North Carolina Day" in New Orleans at the 1966 Conven-
tion of NACO to be held in July. In order to finance this promotion,they are requesLing
a$100.00 donation. The County Attorney advised that the only place that it could be
paid out of would be the Adv¢rtising and Industrial Development appropriation. By common
i~consent, the Board instructed the Executive Secretary to forward it to the Advertising
Committee of the Chamber of Commerce for~evaluation and recommendation.
~ISCHOOL SITE PURCHASE -
The Chairman read a letter from the New Hanover County School Board advising
that two additional parcels of land are needed for the~John T. Hoggard High School Site.
!The estimated purchase price of these tracks is $24,000. They request approval of the
Board of Commissioners to use that amount of their Capital Reserve Fund to purchase this
land. The County Attorney referred the Board to the provisions of G. S. 115-80.2 and
Irecommended that the Board require the Board of Education to comply with the provisions
of that Statute before approving the expenditure. Upon motion of Mr. Hall, seconded
~by Dr. Hooper, the Board unanimously approved the request as soon as all of the statutory
Irequirements are met by the Board of Education. ~
SALARY ADJUSTMENTS - MERIT SYSTEN
The Chairman reported to the Board that negotiations are in process for settling
the constroversy with the Merit.System Council over the salaries in the Board of Health and
Welfare Departments. By common consent, the Board deferred any action on this question un-
til further correspondence.
AZALEA FESTIVAL AIR 5H0'vJ
Glenn G. Moore, Air Show Chairman for the Azalea Festival activities recommended
to the Board that the parking fees which he had hoped they would approve be made on a
voluntary basis rather than making a flat charge. He also requests permission to sell
advanced reserved seat tickets for bleachers at the Airport. After considerable discus-
sion, Mr. Braak moved that the wording of the signs which they proposed to use be presented
to the Airport Committee for their approvai and recommendation to the Board at their January
lst meeting. It was seconded by Dr. Hooper and unanimously passed.
MANEUVER PERMIT
The County Attorney presented to the Board his revised permit for the use of
Airport land for training exercises by the Army Nationai Guard. After reviewing the pro-
visions of the document, Mr. Bowden moved that it be approved and the Chairman authori¢ed
to sign it on behalf of the Board. It was seconded by Mr. Hall and unanimously adopted:
~MANEWER PERMIT - ~Duplication of the above paragraph by error)
~~ The County Attorney presented to the Board his revised permit for the use of
Airport land for training exercises by the Army National Guard. After reviewing the pro-
visions of the document, Mr. Bowden moved that it be appro~ed and the Chairman authorized
to sign it on behalf of.the Board. It was seconded by Mr. Hall and unanimously adopted:
FOR AND IN CONSIDERATION of Lhe desire to assist the North CaroIina Army National
Guard in its military defense efforts, the undersigned, hereinafter cal2ed the PERMITTER,
grants to the North Carolina Army National Guard, hereinafter; cailed the National
Guard, a maneuver.permit upon the following terms and conditions:
1. The Permitter hereby grants to the National Guard the right to enter New
Hanover County Airport once every three months and subject to such previous clearance
as may be required by New Hanover County or its duly authorized agent upon the lands
~ hereinafter described during the period January 1, 1966- December 31, 1966, both dates
inclusive, in order that North Carolina Army National Guard personnel engaged in field
training exercises, with their vehicles, personnel carriers and equipment may enter,
maneuver upon, pass over, dig shallow trenches, and bivouac or camp upon said lands.
All vehicles will be limited to existing roads only. Trenches, bivouac and camp areas
I shall be limited to areas designated by New Hanover County or its duly authorized agent.
2. It is further understood that no•foxholes, demolition, nor ammunition will
be ailowed. No timber shall be cut; crops and livestock shall be avoided; homes,
farm buildings and equipment will be placed off limits to all National Guard personnel.
3. It is particularly understood and agreed that the owner shali be reimbursed,
in accordance with applicable State laws and regulations, for all damages to the pro-
perty of whatever nature that may directly result from the National Guard~s exercise of
Q the rights granted herein. In the event of damage to the property resulting from
training activities of the 1Vorth Carolina Army National Guard authorized by laws referred
to in Section 715 of Title 32, United States Code, a claim may be presented in accordance
with that section and applicable Army Regulatidns.
I 4. Ail equipment, vehic2es, improvements and other property of whatever nature
placed upon the land by the Nat3onal Guard shall remain the property of the Nationai
~ Guard, and will be removed by the National Guard within a reasonable time after the
expiration of this permit unless otherwise agreed to by parties concerned.
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Minutes of the Neeting December 20, 1966 Continued
MANEWER PERMIT - (continued)
5. The land affected by this permit is located in the State of North
Carolina, County of New Hanover, and is more particularly described as follows:
New Hanover County Airport
6. The North Carolina Army National Guard covenants and agrees to hold
and save New Hanover County, its officers, agents, servants and employees free
from damages that may result from the use of this permit by the North Carolina
Arrry National Guard.
Witness my hand and seal this 20 day of December , 1965.
NEY1 HALV011ER COUNTY
By: /S/ Jos. UJ. Hooper
Chairman of the Board of County
Commissioners
Witness:
Representing North Carolina Army
National Guard
V~TER REGISTRATION
Mr. Otto H. Pridgen II, at the invitation of the Board, reported that the
Board of £lections is ready to install the permanent looseleaf registration system
for New Hanover County during the Spring primary to be held in May. They will begin
redrawing precinct lines during .lanuary and hope to reduce the number from 29 to 2!}
which will contain about 1500 voters in each precinct. They are planning to have the
suppliers of the books and other equipment necessary for this installation to come down
in January and give them cost figures. They are also planning to have Henry W. Lewis
of the Institute of Government come down and conduct a school for Registrars in order
that the the permanent registration records will be uniform.
Personai 5ervices - Mr. Hall raised the question about the charge which
the Chairman would make for personal services during the primary. He reminded Mr.
Pridgen that the Board had appropriated $1500.00 as pay for the Chairman of the Board I
of Elections for personal services for the fiscal year, 1965-66. He does not feel
that it would be fair to either party to come up at the last minute and find a difference
of opinion. Dr. Hooper expressed his opinion that the Board would be wiliing to pay
more if the cost is ,justified in writing. Mr. Pridgen stated that his fee would be thEl
same as it was for the last 2 elections, which,as he remembered, was $2500.00. Mr.
Vaughan moved that the Board reaffirm its stand on the appropriation of $1500.00 for ,
payment of the personal services of the Chairman of the Board of Elections for the
fiscal year 1965-66 and on July i, 1966 appropriate $1500.00 for the following fiscal
year. It was seconded by Mr. Braak for the purpose of discussion. After consideraID;e
discussion, but before a ballot was taken, Mr. Hall offered a substitute motion that in
event Mr. Pridgen feels that $1500.00 is insufficient for the time he spends on the
election that the Board will consider additional money if information substantiating it
is furnished to the Board in writing to Justify it. It was seconded by Dr. Hooper and'
when the ballot was taken, it was passed Dy a ma,jority vote, Mr. Bowden voting "NO". '
SALARY ADJUSTNIENT
Mr. H. Foster Edwards, Clerk of Superior Court, reported to the Board that
at the time6Q1. W. D. Cmau was interviewed by the Civil Service Commission for the
,job of Deputy Clerk of the Recorder~s Court, he was told that the beginning salary
would be $4,500 annually which would be increased to $4,950 after a probation period.
He has served sufficient time to ,justify a permanent status and he asked the Board to
approve the increase in salary. The Covnty Auditor stated that it would require an
additional appropriation of $150.00 to fill out the balance of the fiscal year. Upon
motion of Dr. Hooper, seconded by Mr. Braak, the Board unanimously approved a salary of
$1+,950. beginning January lst, 1966 for Clerk of Recorder~s Covrt and appropriate
$150.00 from the General Emergency Fund to complete the year.
WATER SAFETY COMP7ITTEE REPORT
The Chairman read a report from the 'k7ater Safety Committee appointed by the
Board to study and make recommendations with reference to safety of the people who use
our beaches in the unincorporated areas. They recommend that the County underwrite t
pay of i3:fet~nards to patrol the sections between Carolina Beach, Kure Beach and Fort
Fisher for the coming year. They estimate it will require eight at a cost of $50.00
per man per week. They also recommend that the municipalities be authori2ed to hire
the lifeguards and supervise them. By common consent, the Board authorized the Execu-
tive Secretary to acknowledge receipt of the report and schedule it on the Agenda for
further discussion at the second meeting in February.
AIRPORT - LAND LEASE
A lease agreement between New Hanover County and the United 5tates of Americ$
covering approximately 75 acres of land comprising a portion of the New Hanover County ~I
Airport was approved for the exclusive use of the U. 5. Air Force.x It has been studiei
by the County Attorney and upon his recommendation, the Board unanimously approved the ,
contract agreement and authorized_the Chairman to sign it in behalf of the Board upon a,'~
motion by Mr. Bowden, seconded by.Mr. Hall. i
Continued-
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Minutes of the_Meetinq__Decembe_r 29 -1965___ CosatSnue_d
LAND LEASE BETWEEN
COUNTY OF NEW HANOVER AND
THE UNITED STATES OF AP4ERICA
Dept, of the Army
Corps of Engineers
South Atlantic Division
Savannah District
I 1. THIS LEASE, made and entered into th~is lst day of July in the year one thousand nine
hundred and sixty-five by and between COUNTY.OF NEW HANOVER, a political subdivision of
,j the State of North Carolina whose address is Court House, in1ilmington, North Carolina, and
whose interest in the property hereinafter described is that of fee owner and operator for
I itself, its successors and assigns, hereinafter called Lessor, and THE iJIQITED STATES OF
AMERICA, hereinafter called the Government:
WITNESSETH: The parties hereto for the consideration hereinafter mentioned covenant
~and agree as follows:
2. The Lessor hereby leases to the Government the following described premises, viz:
(a) Approximately 80 acres of land, more or less, for. the exclusive use of the United
States Air Force, the same comprising a portion of New Hanover County Airport (Blenthenthal
Field), said land lying to the southeast of the northwest/sovtheast runway,(Runway 34-16),
as shown outlined in red lines on U. 5. Army Engineer District, Savannah, Drawing No. 261,
Sheet 1 of 1, the same being attached hereto as Exhibit "A: and by this reference made a
part hereof, together with rights of ingress and egre,ss to the said land. ,
(b) The right and privilege of establishing a safety sone to restrict the use of the
land area containing 20 acres, more or less, as designated on the attached Exhibit "A" as
Ifollows: To prohibit human habitation; the right to remove buildings presently or hereafter
being used for human habitation; the right to prohibit gatherings of more than twenty-five
V(25) persons; the right to post signs indicating the nature and extent of Government's con-
'' trol, and the right of ingress'and~aver and across this safety zone area for the purpose
Iof exercising the other rights set forth herein; reserving, however,to the Lessor all rights,
title, interest and privilege as may be used and enjoyed without interfering with or abridg-
ing the rights hereby granted !o the Government. a~ egress
(c) The right of ingress and egress over the existing roadway and taxiway along the
northern boundary of the exclusive use area ss depicted in yellow on Exhibit "A" attached.
(d) The right to use, jointly with others, the flying field and appurtenant facili-
' ties as they now exist or as they may hereafter be improved, amended or added to within the
boundaries designated for joint use on the attached Exhibit "A" to be used for the follow-
ing pvrpose: Requirements of the United States Air Force for use of fighter type aircraft.
3, TO HAVE AND TO HOLD the said premises for the term beginning:<June 30, 1966, prov3ded
that unless and until the Government shall give notice of termation in accordance with pro-
I vision 6 hereof, this lease shall remain in force thereafter from year to year without fur-
ther notice; provided further that adequate appropriations are~.available from $rear to year
i for the payment of rentals; and provided further that this lease shall in no event extend
beyond June 30, ~015. FJuly 1, 1965 through
L}. The Government shall pay the Lessor rent at the following rate: ONE AND NO/100 ($1.00)
^ DOLIAR For the full term, the receipt and sufficiency of which are hereby acknowledged.
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5. The Government shall have the right, during the existence of this lease to attach fix-
tures, and erect structures or signs in or upon the premises hereby leased, which fixtures
and structures, or signs, so placed in,. upon or attached to the said premises shall be and
remain the property of the Government and may be removed or otherwise disposed of by the
IGovernment.
i6. The Government may terminate this lease at any time by yiving thirty (30) days~ notice
in writing to the Lessor, and no rental shall accrue after effective date of termination.
~ 7. Any notice under the terms of this lease shall be in writing signed by a duly authori2ed
representative of the party giving such notice, and if given by the Government shall be
addressed to the Lessor at Court House, Wilmington, North Carolina, and if given by the
Lessor shall be addressed to District Engineer, U. S. Army Enoineer District, Savannah,
Post Office Box 589, Savannah, Georoia.
8. The Lessor warrants that no person or selling agency has been employed or retained to
solicit or secure this Lease upon an agreement or understanding for a commission, percen-
tage, brokerage, or contingent fee, excepting bona fide employees or bona fide established
commercial or selling agencies maintained by the Lessor for the purpose of securing business.
For breach or violation of this warranty the Government shall have the right to annul this
lease without liability or in its discretion to deduct from the lease price or considera-
tion the full amount of such commission, percentage, brokerage, or contingent fee.
9. No Member of or Delegate to Congress or Resident Commissioner shall be admitted to any
share or part of this l:ease or to any benefit that may arise therefrom, but this provision
shall not be constrved to extend to this lease if made with a corporation for its general
benefit.
10. (a) The Government may, by written notice to the Lessor, terminate the right of the
~Lessor to proceed under this lease if it is found, after notice and hearing, by the Secre-
Itary of the Army or his duly authorized representative, that gratuities (in the form of
'entertainment, gifts, or otherwise) were offered or given by the Lessor, or any agent or
representative of the Lessor, to any officer or employee of the Government with a view
toward securing a lease or securing favorable treatment with respect to the awarding or
amendino, or the making of any determinations with respect to the performing, of such lease;
Iprovided, that the existence of facts upon which tihe Secretary of the Army or his duly
authorized representative makes such findings shall be in issue and may be reviewed in any
competent court.
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(b) In the event this lease is terminated as provided in paragraph (a)
hereof, the Government shall be entitied (1) to pursve the same remedies against the
Lessor as it could pursue in the event of a breach of the lease by the Lessor, and
(ii) as a penalty in addition to any other damages to which it may be entitled by law,
to exemplary dam~ges in an amount (as determined by the Secretary of the Army or his
duly authori2ed representative) which shall be not less than three c~or more than ten
times the costs incurred by the Lessor in providing any such gratuities to any such
such officer or employee.
(c) The rights and remedies of the Government provided in this clause shall not
be exclusive and are in addition to any other rights and remedies provided by law or
under this lease.
11. The Lessor specifically waives any and all claims for waste or damage of whatso-=
ever nature whicil may result by reason of the Government~s occupany of the premises herein
leased. I
12. (a) It is understood and agreed that the Government shall have the right to con-
nect to utility and distribution systems and to make extensions and/ or additions to
existing roads, runways, aprons and taxiways. It is agreed, however, that no con-
struction of buildings, utility connections, roads, runways, aprons, taxiways, or othe'
facilities shail be initiated by the Government under any of the provisions of this I
lease unless such construction has the prior approvai of the Airport Manager of the
Lessor, and Lessor~s authorized representatives shall have access to the construction '
areas durina construction; provided, such approval by the Airport Manager will not be
unreasonably withheld.
(b) It is mutually recognized that the extensions and improvements of roads,
runways, aprons and taxiways accomplished by the Government under the provision of ~
subparagraph (a) above, will become integral parts of the flying facilities to be used
jointly by the Government and Lessor and Lessor~s leasees and contractors, and it is
agreed that during the existence of this lease they shall remain in place for such
joint use, provided that this provision shall not apply to those facilities to be used~l
exclusively by the Government and erected on the premises described in Paragraph 2
(a) above. It is also further agreed that at the termination or expiration of this
lease the Government shall have the option of transferring said extensions and improve~
ments to roads, runways, aprons, and taxiways to the Lessor in lieu of their removal. 1
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(c) It is further understood and agreed that at the termination or expiration
aT-ex-p~irut;cm-of this lease, the Government shail have the option of transferring to
the Lessor in lieu of their removal the Government~s improvements, buildings and
structures situated on the exclusive use area herein described, and the Government
will continue to maintain the facility, or the facilities constructed thereon, until_
transferred to the Lessor or disposed of otherwise. I
13. That the use of the field by vehicles of the Government beyond the bonndaries of
the leased premises shall be subject to the regulation and control of the Lessor~s
Airport Manager.
1l}. Nothing in this lease shall be construed to change, restrict or otherwise alter
any provision of the Quitclaim Deed, dated 8 December 1945 between the United States
Government and the County of New Hanover, NorLh Carolina, recorded in the Office of
the Register of Deeds of the County of New Hanover; North Carolina in Deed Book 409,
Page 211.
15. The Lessor will rriaintain and operate the field in the manner and to the extent
required by and subject to the terms, conditions, and provisions of the Quitclaim
Deed cited in above Paragraph 11}, upon the following terms and conditions:
(a) The Lessor will provide the Government the following services in the JOINT-
USE areas of the airfield, including the 33.71 acres of Government owned land at the
northwest end of Runway 3l}-16:
(1) Mowing along runways, taxiways and overrun.
(2) Turf care and erosion control.
(3) Maintenance of runways, taxiways and roads.
(4) Maintenance and operation of airfield lighting.
(b) Payment for these services shall be made by the Finance Officer, l}603 ABGP,
Stewart Air Force Base, N. Y., to the Lessor quarterly at the rate of $3.60 for each
F-101 type aircraft per landing, and $0.106 per 1,000 pounds of landing weight per
~ landing for each and every other type aircraft based at the leased premises and
landed at the field.
(c) The Government shall within ten (10) days after the end of each calendar
quarter furnish the Lessor's Airport Manager a certified statement of the number and
type of aircraft landings made during the preceding calendar quarter which are sub-
ject to payment of landing fees. For the purposes of this con.tract, each aircraft
making a'~touch and go" landing shall be considered as having landed.
16. The fees and/ or charges set forth in Paragraph 15 shall be subjecttn renegotia-
~ tion at the end of each three (3) year period with request £rom either party giving
six months~ written notice to the other party.
17. Provision of and payment for the services outlined in Paragraph 15 shall not
commence until beneficial occupancy of`construction and~ or commencement of flying
I operations from the leased area.
~, 18. That the Lessor shall not be required or obligated to maintain any of the physi-
I cal facilities constructed or improved by the Government during the tenure of this
~i lease until they are first constructed or improved by the Government in a manner sat-
~ isfactory to the Airport Nianager of the Lessor,
IN WITNESS WHEREOF, tY~~ arties hereto have hereunto subscribed their names as
of the dare Pirst ab;4ve wri t~en.
continued-
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Minutes of the Meetina December 20, 19b5 Continued - ___ _
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(LAND LEASE AGREEMENT:)
COUNTY OF NEW HANOVER,NORTH CAROLINA
~/S~ John A. Ydesbbrook By /S/ Jos. W. Hooper
II Airport Manager Chairman; Board of County
Commissioners
THE UNITED STATES OF AMERICA
By /S/ Albert D. Woodle, Jr.
Albert D. Woodle, Jr.
Chief, Real Estate Div.
Contracting Officer
6ERTIFICATE
I, W. G. Houck, certify that I am the Clerk of the Board of County Commissioners of
New Hanover County, North Carolina, named as Lessor in the attached and foregoing lease;
that Jos. W. Hooper who signed said lease on behalf of the Board of County Commissioners
of New Hanover County, North Carolina, was then Chairman of said Board; that said lease
was duly signed for and in behalf of said Commissioners by authority of its governing
body, and is within the scope of its powers as granted by law.
W. G. Houck
C1erk,Board of County Commissioners
New Hanover County,North Carolina
CREMATION CONTRACT
Mr. M. C. Brown, Vice President of the North Carolina National Bank which is
the alternate paying agent for New Hanover Memorial Hospital Bonds and the Cape Fear
ITechnical Institute Bonds, presented a contract for approval of the Board authorizing
the creination of the above coupons and bonds in accordance with.the provisions of the
N. C. General Statutes. He also asked the Board to express their wishes with reference
to the payment of any coupons or bonds locaily and if they desired a report periodically,
and if so, at what intervals. After a thorough discussion, Mr. Vaughan moved that th e
Board approve the contract agreement, subject to the approval of the ~ounty Attorney and
authorized the Chairman to sign it on behalf of the Board and that any coupons os bonds
paid locally be sent to the Paying Agent in New York in order to keep the records intact.
IIt was seconded by Mr. Hall and unanimously passed.
MEDICAL EXAMINATIONS ELIGIBILITY
The Chairman read a letter from the Family Service-Travelers~ Aid Association,
reporting Lhat some independent persons have found their way to their office and express
~~strong feelings regarding having to requesL a doctor to do an examination when they are
'without funds to offer payment. The Association asked the Board of Commissioners to give
serious consideration to reinstating the funds necessary to pay for medical examinations
to prove eligibility for Public AssisLance. After a thorough discussion of the matter,
,the Board authorized the Executive Secretary tio answer the letter and advise the Association
that this request will be given serious consideration during the next Budget discussions.
A.C.L. RAILROAD - APPROPRIATION
The Executive Secretary reported that when South 17th St. was extended, the
right-of-way went through Oak Grove Cemetery and it was necessary for the County to move
approximately 125 graves. The Hobbs family donated 6 acres of land in the Flemington
section of the County on which to place the bodies but it was necessary to construct a
Iroad into the property which was done by the State Highway Commission over a dedicated
street named Sampson. In the construction of this road, it was necessary to cross the
A.C.L, tracks and required the Western Union Telegraph Company to raise the clearance of
their lines at this crossing to provide for standard heiaht. He presented an itemized
~bill from the A.C.L. Railroad amounting to $262.04 and a bill from the Western Union Tele-
,graph Company amounting to $56.35 making a total of $318.39. After reviewing the invoices,
Dr. Hooper moved that they be approved for payment and that $318.39 be appropriated from
the Generai Emergency Fund to cover this expenditure. It was seconded by Mr. Sowden and
unanimously carried.
~TRANSCRIPT CHARGE -
' Mr. Dwight McEwen, fornerly Superior Court Reporter, presented the Board of Com-
~~missioners with a bill for $11j.00 covering the transcript of evidence into criminal cases
tried in the August 1965 term. This is presented under Order of Court in Forma Pauperis.
The County Attorney investigated the General Statutes and determined that it is a proper
charge to the County. Mr. Hall offered a motion that the invoice be approvedyfor payment
and charged to an item in the Budget under Special Court Reporter. It was secanded by Dr.
~IHooper and unanimously passed. `
PROPOSED TRUCK - MacRAE PARK
~ Pursuant to instructions of the Board at the last meeting, the Executive Secre-
'tary instructed J. 5. Roberts to check with the various automobile dealers to see if he
Icould locate a truck suitable for use at Hugh MacRae Park and Oak Grove Cemetery. In view
of the type work he does with the truck, it is necessary that it have a long body, not less
than B~. After checking the various companies, he located a 1965 Chevrolet with an 8~
body at the Raney Chevrolet Company which could be purchased for a net of $1296.00 plus
$23.96 tax. At ihe time, the old truck was past using and the mechanic at the County
Crarage reported that it was unfeasible to repair. It has been customary for the County
truck to deliver the packages for the Christmas Bvreau. The Executive Secretary called
each member of the Board of Commissioners and explained the situation to them and each ex-
pressed his approval. The dealer allowed the County to use the truck with a temporary
~marker as a license by .instructions of the State Highway Patrol until an appropriation could
~i ~
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Minutes of the Meeting
December 20, 1965 Continued
PROPOSED TRUCK - MacRAE P,ARK
be made. Upon motion of Mr. Bowden, seconded
the purchase of the truck and appropriated $1319.93 from
pay for it.
by Mr, Braak, the Board approv~d
the General Emergency Fund to I
AUDIT - RECORDER'S COURT
The Chairman presented the Speciai Audit Report of the Recorder~s Court for
the months of May and June, 1965 made by C. S. Lowrimore and Company who made the fol-
lo~aing recommendations that the Clerk determine the cost of a system of control of the
warrants issued to the various enforcement agencies and that the Commissioners consider
the value of the control of these warrants against the cost of maintaining the control.
After a brief discussion, the Board, by unanimous common consent, referred the matter
to County Attorney Tillery and Couttty Auditor Love and requested them to study the pro-
blem and present the Board with recommendations.
SUPERIOR COURT REPORTER -
County Attorney Tillery reported that Mrs. Mary L. Weaver, who recently contrs,cted
with the Board to act as Superior Court Reporter, has advised him that the duties of the
office are more Lhan she wants to perform. He has contacted a man by the name of Leona~~d
Watts who lives in Troy who has expressed his willingness to accept the work on the samel
contract basis as Mrs. Weaver. He is known to Resident Judge, Rudolph I. Mintz and the~~
recommend that he be employed. After some discussion, Mr. Bowden offered a motion that~l
Mr. Tillery be authorized to hire Mr. Watts on the same terms as Mrs. Weaver and that th~'~
Chairman be authorized to sign a contract to this effect. It was seconded by Mr. Hall ~
and unanimously adopted.
FOOD STANPS - I
Mr. Bowden reported thaL in a recent joint meeLing with the Public Welfare Board ~
and the County Commissioners, the matter was discussed of having the Secretary of Agri-
culture coasider New Hanover County as a county in North Carolina which may use food
stamps rather than direct distribution through the warehouse. It is estimated that the~
cost for this program will approximate $6,000 or less, compared to the present $9,000 an
it is estimated that the program rrill provide an additional $1+50,000 retail sales to the
small corner grocery men in the County. After some discussion of this sub,ject, Mr. '
Bowden offered a motion that New Hanover County enter into an agreement with the Secre-
tary of Agriculture, effective March 1, 1966 which would allow time in whiCh to phase
out the food stored at the warehouse and iron out other problems which would have to be
solved. It was seconded by Mr. Hall and passed by a majority vote. Mr. Vaughan votedl
"NO" for the reason that he did not have suffiCient information. The Executive 5ecreta
was instructed to write the Director of the Public Welfare Department and ask~:her to furl
nish detailed plans and the cost for implementing the Food Stamp Proaram. ,
DEFINED SERVICES
Mr. Bowden also reported that the Board of Public Welfare is definitely in
favor of defined services which will hold down the number of persons receiving AFDC.
After a brief discussion of this matter, it was unanimously decided to defer any action
at this time but to invite the Public Welfare Director, Miss Lela Moore Hall, to come
before the Board and explain this phase at the meeting to be held January 17th, 1966.
BUDGET CHAA~GE - °
Mr. Bowden reported that the Pubiic Welfare Board would like permission to
put Ronald Knopf in the position vacated by Sidney Bradsher where ~ie is on call 24
hours a day, 7 days a week, in order to take care of children who have been abandoned
or need to be removed from their own homes. He offered a motion that this be approved,
effective January 1, 1966. It was seconded by Dr. Hooper and unanimously carried.
AUDITOR - APPOINTIVE OR ELECTIVE ~
Mr. Vaughan made the following motion "that this body request its legislative
representatives to secure passage at tYae oncoming special session of the Legislature.
legisiation permitting the citizens of the County to vote on the establishment of an I
appointed Auditor office for the County at the next primary Election with the office,
if so approved, becoming effective on the first Monday in December 1966; fvrthermore
that the Chairman be asked to set up a meeting with all present legislators and .other
il legislators of the past ten years to express to them the reasons why this Board believes
such legislation to be desirable." There was no second to the motion and the Chairman
declared it dead, however, the Executive Secretary was instructed to place it on the
Agenda for the r~ext meeting.
NEW YEAR~S HOLIDAY -
_ ~5ince New Year~s Day is on S~aturday, the question arose as to whether or not ~'
the Covnty employees should be entitled to a Holiday to replace it. Mr. Bowden is of
the opinion that since the Board has generally agreed that employees should Ye ve a totall
of eight holidays per year and he thinks they should be given a day to replace the one
on Saturday: Nr. Hall then offered a motion that Friday, December 31st be declared a
I Holiday for County employees. It was seconded by Mr. Braak and unanimously passed. .
REPORTS -
The following reports were reviewed and ordered filed for future reference: ~,
1- Grand Jury Report for December Criminal term.
2- Monthly Report of the Home Economics Extension Agent.
3- Wilmington Public Library Report.
4- Report by the State Highway Commission on priority ratings on Secondary
Roads.
5- Thank-you report from the Agricultural Extension Report on behalf
of SENCLand Area Awards Program.
6- Report by the Executive Secretary on Airport Terminal Improvement~s
final inspection.
ADJOURNNIENT - Upon motion of Mr. Bowden, seconded by Hall the Board una~imously
adjourned their meeting. I
u
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I l. , ou , Execu ve etary
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