1959-03-09 Regular Meetingr
392
Z? Drainage Committee Called Meeting March 5, 1959,Contimued
f DRAINAGE REQUESTS - (Continued)
Snow}s Cut - Seabreeze - A Petition sianed by the interested taxpayers and
property owners along an oblique ditch running from a culvert under US # 421 near Snow's
.?-----? Cut to the Intra-Coastal waterway at Seabreeze was presented and after discussion by the
members familiar with the conditions, the Committee unanimously aoreed that hand ditch-
ing would be sufficient to relieve this unhealthy situation and instructed N;r. Rivenbark
to use his ditchino crew in doing so.
Azalea Drive - The Executive Secretary of the New Hanover County Board of
y Commissioners informed the Drainage Committee that Ditching Supervisor Rivenbark had
inspected the ditch running into Jumping Run Branch from the rear of the houses along
Azalea Drive and Live Oak Parkway in response to a complaint by the property oomers
throuoh' John R. Murchison, Richard A. Shew et ai and found that the water table in
that area is high but that the fall at the present time was sufficient to drain all of
the water out of the ditch provided bricks and other debris thrown ir.to the ditch was
removed allowing the water to flow. 4Je found that the water was flomring freely in Jump-
ing Run Branch and that the water table could be lowered as much as 18inches provided
the property oe,mers would deepen their ditch below the hardpan which wouid mean that
they would have to feather-edge their ditch banks as the soil along its course is "sugar
sand" which will continue to wash into the ditch. The Committee does not recommend any
aciion until the property oe,mers secure competent engineering advice and plans for the
area.
POLICY -
? It was the unanimous opinion of the Committee that the Commissioners set a
??- Policy taith reference to the County forces taking over the maintenance and upkeep of pri-
vate developments. At the present time a request is underway over ditches in theaLin-
coln Forest Development which have not been properly engineered in the opinion of the
Committee and they do not recommend the County assuming corrective measures for drainage
probiems left by improper engineering at the time it was opened. In other words, they
do not thin}c the Gounty taxpayers should take over any new development ditch and pay for
correcting errors left by the developer. They request a ruling by the Board of County
Commissioners on this matter.
ADJOURNMENT -
There being no further matters to come before this Committee, the Chairman
deciared the meeting adjourned,
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? W.,G. Houck, Acting Secretary
Wilmington, N. C. Narch 9,1959
ASSEMBLY
The regular wee}ciy meeting of the New Hanover County Board o: Commissioners
was heid this day at 9:30 A. M. in the Commissioners' Room of the Court House. PRESENT:
Chairman J. E. Holton, Jr., Commissioners Peter H. Braak, L. E. Broadhurst, J. M.
Hall, Jr. and Berry A. kJilliams; County Avditor T. D. Love and County Attorney John
Bright Hill.
I Nl/OCAT I ON . -
The Chairman called
Pastor of St. Andrews Episcopal
APPROVAL OF THE MINUTES -
Mr. Williams offered
as written. It was seconded by
the meeting to
Church, to op
a motion that
iNr. Braak and
order and asked Reverend L. S. Jeffrey,
an the meeti-ng urith prayer. the minutes of the last meeting be approved
unan:mously adopted.
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CLERK OF SUPERIOR COURT -
? 1- Law Librarv Treasurer - Mr, Foster Edwards, Clerk of Superior Court, in-
formed the Board that his assistant, James H. Adams, had been appointed Custodian of the
Lata Library and that since it was his responsibility to administer the functions of that
---? office, he requested permission to allow him to sign checks for expenditures connected
with it. Mr. Braak offered a motion, seconded by Mr. Broadhurst, that this request be
granted. It was unanimously adopted by the Board.
2- County Attorney John Bright Hill informed the Board that they were schedul-
ed to sit as a Board of Equa2izaLion and Review beginning next A4onday, March 16th and
that since some of them would be out of town, he saw no reason why they should not'all
take the Oath required at this time, The Board unanimously agreed 4rith this idea and
since the Cler}c of Superior Court was present, he administered the Oath to the entire
Board qualifying them to sit as members of the Board of Equalization and Review.
3- Non-supnort Costs -Mr. Edwards further informed the Board that his office
was put to considerable expense in handling rion-support funds which originate through the
National Reciprocal Non-Support Law, Recorder's Court and the Superior Court. He finds
that the multitudinous details are becoming a burden and suggesLS that the Commissioners
consider the advisability of recommending to ovr Representatives to the General Assem-
bly that a Biil be enacted allowing judges handling such cases be p,ermitted to 2dd a por-
Lion of the cost of administration to the Court judgement. He suggested $5.00 although
he admitted that would not defray the t; al expense of handling.
? T-HANGARS
M r. K e n n e t h G. W o o t en, represen ting Group A o f t he loca l Civ i l Air Patrol
Wing, asked the Board for permission to erect T-Hangars on the Airport property for hous-
' ing their planes. The government has demanded that they be kept under cover or they wili
? be requisitioned back as government property. Airport Manager John A. Westbrook advised
the Board that the hangars could be erecLed so that they would not interfere with the
? efficient operation of the Airport. Upon.motion of Mr. Broadhurst, seconded by Mr. Hall,
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Q-? Minutes o: the Neeting Narch 9;1959 Continued
T-HANG/aR5 - (Continued)
the Board unanimously granted this request with the stipulation that the build-
ings be in keeping with old Airport facilities and any time the use as a Civil Air Patrol
facility is abandoned, the title reverLs to the County.
AZALEA FESTIUAL CONCESSIONS - ??
Mr. Wooten reminded the Board that the Civil Air Patrol revenue was all either ?
donated by the members or derived from their efforts and requested that the CAP be per- ?
mitted to operate dr.ink and sandwich concessions during the Azalea Festival celebration
in order to help support their efforts, Mr. Williams remarked that he thought the matter
should be discussed with the Azalea Festival Officials and offered a motion that an amend-
ment be attached to the request. His motion was seconded by Mr. Braak, but after some
discussion, Mr. Braak withdrew his second and Lhe Chairman ruled Mr. YJilliams' notion
dead. Mr. Broadhurst offered a motion that the request•be,granted. It was second2d by'
Mr. Hal•1-and the'mo.tion carried.
ROAD PETITIONS - f9
1- A Petition for maintenance and repair to lnlhhitman Avenue was considered ?.•
and upon motion of Mr. Hail, seconded by Mr. Broadhurst, the Board unanimously approved
the recommendation that this road be accepted by the State Highway Commission as request- ?
ed. ' ,
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2- A supplementary Petition was received from the citizens in Castle Hayne as Y'
a follow-up on the section of Blossom Street which had been accepted about tLJO years ago
but has not been maintained or repaired. It was ordered sent to the State Highway Com-
mission for their consideration.
METER ADJU5TER HEARING
By previous agreement, the Board had set aside 11:00 o'clock for a Hearing on 1`1'°(1
the proposed repeal of the present law requiring a meter adjuster. Mr. Robert M. Hermon
was recognized by the Chairman and explained in detail the need for and the development
of the present Statute. In his opinion, if the work is conscientiously done it protects
the citizens and utility firms handling electricity, gas, and water. Mr. Kermon was very
much opposed to the abolishment of this service and for the benefit of the press and ail
of those concerned, read his presentation.
Mr. A. A. Johnson, representing the Carolina Power and Light Company, stated
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that he had been with his company since 1933 and that until he came to Wilinington he had
never heard of a meter adjuster being furnished by Lhe people. He has been requested
Lo pay 50¢' per meter ahd pass it on to the customer for every new meter installed by the
Carolina Power and Light Company. As they maintained their own afljusting service requir-
ed by the State Utilities Commission, they do not see any need for the present public me-
ter-adjuster and are heartily in favor of abolishirg the service. So far as his company
is concerned, the only thing he could perform would be a verification of the service per-
formed by their own adjuster.
Mr. C. W. Ewart, representing the Tidewater Natural Gas Company, stated that
? he had never heard of ineter inspection being performed by other than their own employees
and agreed that maybe such a service was needed 40 years ago when this law was passed but
that charging SOd per, meter to the customers was antiquated and a ridiculous practfse as
the meter adjuster never even saw them, much less examine them. His Company is anxiovs
to have their meters correct and therefore they take great pains to see they perform accur=
aLely. He recommends that the present law either be repealed or that the meters actually
be inspected by the adjuster and in that event it would require an army of inspectors
since the business has grown to such great proportions it would really be virtuaily an
impossibility.
Mr. Hargrove Bellamy, representing the Tax Committee of the Chamber of Com-
merce, informed the Board that his Committee had er.amined the Budget last year and offer-
ed what they considered helpful suggestions which inciuded the abolishment of the meter.
adjuster as a benefit to the taxpayers of this County.
After some discussion among the Board members, Mr. Hail moved that the Com-
missioners go on record with the Representatives to the General Assembly that we approve
the repeal of the law requiring a meter adjuster and that the expiration be at the end of
the present elected term or be left to the judicial discretion of the Legislators. This
motion was seconded by Mr. Braak and unanimously adopted,
BUILDING INSPECTOR -
At this time, Mr. Charlten A. Pope,.President of the Taxpayers League, request-
ed permission to read Section 102 of the State Building Code exclvding certain buildings
but empowering the County Commissioners to expand the requirements merely by adopting a
Resolution to that effect. His fear was that some Board at a later date might take ad-
vantage of this permit and include recommendations which would not be beneficial to the
taxpayers. No action was requested and none taken on this report.
AIRPORT LANDING - t
i Chairman Holton recounted for the Board a resume of the developments with ref-
erence to the proposed site for the approach landing lights at the New Hanover County alil?
Airport. The Federal Aviation Agency has finally decided definitely that the oniy runway
which they will approve is the NW-SE runway which will require a miniinum purchase or ease-
ment over 39.1 acres of the property now owned by Bruce B. Cameron,and a Committee pre-
' viously had agreed to square the pie-shaped corners adjacent to Smith Creek which would
? increase the total easement and purchase to 44.7 acres. Because of a misunderstanding.
in agreeing to squaring up the property the Contract for 5ale was drawn to include all
? the property from Smith Creek to the rear of the middle marker line and this total acre-
age is 72.3 acres which is the tract included in the description contained in the Contract
? for Sale executed by the Board sometime ago. After considerable discussion of the many
advantages to the County of securing the approach landing liohts in the development of its
Airport, Mr. Hali finally moved that the Board approve the purchaseof.'12,2 acres in fee
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Minutes of the Meetir.g March 9, 1959 Continued
AIRPORT LANDING L3GHT5 -
simple and an easement on 26.9 acres making a tota.l of 39.1 acres and author-
ized the Chairman te execute a contr2ct for the. 39.1 acres at the price of $500.00 per
acre. Nr. Williams seconded this motion with the proviso that the County Attorney approve
the transfer deed on the portion to be purchased in fee simple, and the motion was unani-
mously adopted.
NEGRO HOME AGENT -
Rebecca L. Hall, the Negro Home Agent, informed the Board through the Execu-
tive Secretary that she was expecting her State Supervisor to visit this County the lat-
ter part of March and askedfor an appropriation for the purchase of some cabinets in
which to store the kit.chen utensils and provide a place on which to work. She present-
ed an estimate of $190.00 from one supplier. During the discussion of the matter, it
was decided that she was doing an outstanding ,job among her people and the ma,Jority of
the Board thought that she should be provided with minimum facilities at least, so Mr.
Braak offered a motion that her request for cabinets be granted and that the Board appro-
priate up to $190.00 from Unanticipated Revenue with which to secure these cabinets. It
was seconded by Mr. Hail with the understanding that the equipment be purchased as cheap-
ly as possible. Mr. Broadhurst stated that he thought Mr. Rhoda Farrow could build the
cabinets much cheaper and when the question was put he voted "NO", however, the Chair-
man ruled the motion carried.
CONSOLIDATED BOARD OF HEALTH -
A letter was received from the Consolidated Board of Health requesting a
transfer of a portion of $3,000.00 appropriated for Mental Health in order to pay for
services of Dr. Charles Speilberger of Duke University out of a miscellaneous account
instead of a salary account as he will have te be paid on a fee basis. After some dis-
cussion of the matter, Mr. Williams offered a motion that the request be tabled for
one week until they could ascertain more details. It was seconded by Mr. Broadhurst
and unanimously tabled for discussion next 4ieek.
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APPROPRIATIONS AND TRANSFERS -
a 1- Clerk of Sunerior Court - Mr. Foster Edwards requested the transfer of
$400.00 from Superior Court-Jury Fees to Superior Court-Special Attorney account. Mr.
Willimas moved, seconded by Mr. Hall, that this request be granted and the Auditor'be
authorized to xransfer the funds as requested. This motion was unanimously adopted.
2- Election Board Bills - Invoices covering payment of services rendered by
the Election Board since the last general election anounting to $45.00 were received.
Upon motion of Mr. Hail, seconded by Nr. Broadhurst, they were approved for payment.
3- Sheriff's Department - A request from the Sheriff for an appropriation
? of $250.00 from Unanticipated Funds-Jail Fees to Jaii-Repairs, Building. This request
was made necessary because of an emergency due to an insane person tearing out the fix-
? t'ures in the Jail. Upon motion of Mr. Ulilliams, seconded by Mr. Braak, the Board voted
t appropriate $250.00 as requested but when the vote was cast Mr. Broadhurst voted "NO"
wi ?the remark that he thought it should be done by Rhoda Farrow with the aid of prison
lab rl}
AZALEA FESTIVAL $LEACHERS -
i' The Executive Secretary informed the Board that a request had been made by
J:s-?u'lk the officials of the Azalea Festival for erection of bleachers in front of the Court
??.?? House property as has been done in the past. Nr. Wiiliams offered a motion, seconded
? by Mr. Broadhurst, that the request be granted provided proper insurance would relieve
the County of any responsibility. It was unanimously adopted.
INSTITUTE OF GOUERNMENT -
-? Notice was received from the Institute of Government announcing a school for
13?r?'w1_ Personnei Officers ar.d Civil Service Conmissioners sponsored jointly by them and the Public
G;,,,pQ Personnei Association to be held in Chapel Hill March 25 and 26th. Nr. Williams offered
a motion that the Executive Secretary be authorized and instructed to attend this school.
?/ ? It was seconded by Mr. Braak and vahen the votes were cast, Mr. Broadhurst voted "NO" but
? the Chairman ruled the motion pr.evailed.
PROPOSF,D TRACKAGE SALE -
Pursvant to the advertisement asking for public bids on approximately 2400
feet of spur trackage at the New Hanover County Airport, a letter was received from the
Business Manaoer of the Consolidated Board of Education reminding the Board that:
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? "Should this trackage be in the vicinity of that within the bovndaries of those
lands deeded to the Board of Education by the Federal Government, it might be
? helpful to insure that bidders do not confuse the two."
After some discussion, it developed that the County held a deed dated December 8, 1947
for 900 feet of this trackage and a deed dated May 7, 1948 for 1500 feet of this track-
age and therefore the Board unanimously aoreed te continue raith the sale of the personal
property as advertised.
NATIONAL GUARD GUATS -
The Chairman informed the Board that the Federal Government had declared cer-
tain 90mm AA_Guns as surplus, now in use by the 252nd Group Artillery of the North Caro-
lina National Guard. Some of the members think at leasL one of these guns should be pre-
served and mounted as a memorial at the National Guard Headquarters. In order to accom-
plish this pvrpose, it is necessary for a governing body to make the request and therefore
Mr. Braak offered a motion that the County Commissioners go on record as requesting the
Federal Government to designate one of the 90mm AA surplus guns to be placed at the New
Hanover County National Guard at no cost to the County. It was seconded by Mr. Broadhurst
and unanimously adopted.
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Minutes of the Meeting March 9, 1959 Continued
SYECIAL PARKING PRIVILEGE -
Mr. Louis T. Moore, Director of
requested permission for using the Parking
he is an officer of the HisLorical Commiss
House buildino, it was decided that he was
Lhe parking lot. Mr. Hall moved, seconded
ed. It was unanimously approved.
the New Hanover County Historical Commission,
Lot and have a parking tag issued to him. Since
ion and they maintained a museum in the Court
eligible under the rules and regulations govern-
by Mr. Broadhurst, that this privilege be grant-
REPORTS AAtD LETTERS -
The following reports and letters were reviewed by the Board and ordered filed
for information: ?
1- Wilmington Public Library monthly report.
2- " Colored
3- A Memorandum of Understanding from the North Carolina Department of Agricul -
ture and Home Economics Extension Service.
4- State Board of Alcoholic Control notation regarding application of Joseph
Paul Musial, Castle Hayne, N. C.
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$- OCDM changes in documentation.
84 Wit-
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Grand Jury Report for February, 1959 Term of Criminal Court s
nesses examined, 69 True Bills; Justices of the Peace Reports received
with Warrants checked and found to be in order. r?
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7- Letter from John A. Westbrook, Airport manager, advising that the Federal ?
Aviation Agency would not pay up to one-half of the amount for the ease-
ment land needed for the Approach Lights. Bvt in case the property is
condemned in Court, the FAA would then pay up to one-half on easements
as well as one-half of the purchase price, lawyer fees arid Engineer's fee. ?
8- Notice of the Budget Hearing of the NorLh Carolina State Ports Authority
to be held March 12th, Revenue Building, Raleigh, N. C. ---?
9- Thank-you letter from Ciifton L. Moore acknowledging the Board's letter to
Governor Hodges with reference to his appointment.
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Response leLters from Congressmen and Senators regarding the Board
dorsement of Bills - S. 910 and H. R. 1011
ADJOURAiPENT -
Upon motion of Mr. Hall, seconded by Mr. Williams, the Board unanimously voted
adjournment.
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W. G. Houck, Executive Secretary
Wilmington, N. C. March 16,1959
ASSEMBLY -
The regular i•reekly meeting of the New Hanover County Board of Commissioners
was held this day at 9:30 A. M. in the Commissioners' Room of the Court House. PRESEMT:
Chairman J. E. Holton, Jr., Commissioners Peter H. Braak and L. E. Broadhurst, and
CounLy Auditor T. D. Love. Commissioners J. M. Hall, Jr, and Berry A. Williams, and
'CounLy Attorney John Br,ight Hill were absent from the meeting since they were attending
the Urban County Congress held in Washington, D. C. sponsored by the National Association
of County Officials. Commissioner Braak also attended the meeting in Washington after
the Board's adjournment of today's session.
I WOCAT I ON -
The Chaoirman called the meeting to order and asked Reverend C. D. Roettger,
Pastor of the Carolina Beach Methodist Church, to invoke the Divine Presence through
prayer.
APPROVAL Or THE MINUTES -
The minutes of the New Hanover County Drainage Comriittee meeting held on March
5th were read by the Secretary and unanimously approved, upon motion of Mr. Broadhurst,
seconded by Mr. Braak, along with the minutes of the regular meeting of the Commissioners
of March 9th.
AIRPORT CONCESSIONS -
P7r, Edward G. Lilly, Jr.,, representing the Azalea Festival, informed the Board
that he had noticed their approval of the.request by the Civil Air Patrol for operating
the drink and sandwich concessions at the Airport during the Azalea Festival celebration.
He stated that the Azalea Festival Committee was paying the expenses of the Blue Anoels
and therefore they were of the opinion that they should be allowed to receive the profits
from the concessions to help defray those costs. He was careful to make it clear that
they did not intend to make an issue of the matter at the expense of the Civii Air Patrol
as they recognized the contribution made to Lhe County by them. He did not aslt the Com-
missioners to reverse their decision of last week approving the concession operation by
the ClaP unless it was agreeable with them. He also argued that the Azalea Festival did
not attempt to detract in any way from the revenue received by the CAP from the concess-
ion operation on their Friendship Days. The Chairman explained that when the request was
made, the CAP pointed out thaL the Federal Government, under their present policy, would
recall all of their aircraft unless it was put under cover and they intended to use the
funds to help defray the expense of building T-Hangars. Mr. Braak then offered a motion
that the action of last week ap.proving the concession operation by the CAP be rescinded
provided that 3t does not create a dissention betwe2n the Azalea Festival Committee and
the CAP offices. Mr. Broadhurst seconded this motion with the proviso that the permiss-
ion of the CAP be ascertained. When the vote was calied, the Chairman stated that he
would vote for it also with the understanding that the Executive Secretary would contact
the CP.P to get their agreement.
A