1953-07-27 Regular Meeting?j
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Meeting of July 20, 1953, Continued. _
The County Attorney'was instructed to include in the deed conveying an Armory site at Legion Stadium, that
the area north of the building site be open to public parking and to give access to the Stadium Building.
And further that the proposed Armory Building shall be constructed within two years from date of transfer,
and after construction the same shall b e used fcr military purposes, and if and when the same ceases to be
used for that purpose to revert to the County.
It was the consensus of the Board of Directors of John C.. Wessell Tuberculosis Sanatorium at meeting held '
1ltesday? Ju7y lk? 1953, that all purchases for the Sanatorium be msde thru the County Purchasing Agent on pro-
per approved requisitions.
The meeting then adjourned.
/?f??+ i?J¢ Clerk.
Wilmington, N. C. Jul,y 27, 1953.
The regular meeting of the Board was held this day at 10:00 o'clock A.M.
Present: R. T. Horton, Chairman and Commissioners Claud 0'Shields, Thurston C. Davis, Hal J. Love, Raiford
Trask, County Auditor T. D. Love and County Attorney Marsden Bellamy.
The meeting was opened with prayer by the Reverend Guy C. Moore, Pastor of the Southside Baptist Church.
Copies of the minutes of ineetings of July 13, and 20, having previously been mailed to each member of the
Board, the same were upor motion of Mr. Davis, seconded by Mr. Love approved.
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IIA The Chairman, in the performance of his duties as County Tax Supervisor, having recently spent sone time in
? Raleigh checking local tax returns in comparison with the returns reported to the State, and having found
considerable differences in some of the lists, therefore prepared a general letter which was mailed to such
• tax-payers calling their attention to the discrepancies appearing in their lists, and invited them to come
forward and check the differences with the view of reaching a mutual understanding to the end their lists
may be mutually and properly corrected to represent a more fair and equitable listing of their property locally;
otherwise it will be the duty of the Tax Supervisor to enter such differences upon the tax returns of the tax-
payer in accordance with his report made to the Stat e,
In response to the said letter, a number of tax-payers appeared, some to b e informed, and to cooperate, and
some to object to the method of procedure. Mr. W. G. Broadfoot, Jr., a member of the delegation present,
said the County's efforts to secure proper listings are to be commended, but termed the letter (which svid '1/.
letter was approved by the County Attorney before mailing) an example of high-handed stupidity, a bad ap-
proach. "Ar?y approach of this nature; said Mr. Horton,"is bad," "We are merely trying to carry out the ob-
?ligation placed upon us by the law, and there being such a wide di£ference in the returns, had no other al-
ternative but to proceed to secure a more equitable and truer listing of property from a standpoint of law,
fair-play and justice to all. "As all property, the County Attorney advised, should be listed at its true
xalue in money as required by law. That complied with would reflect in a lower taac rate."
After further comments made by Mr. Jack W. Smith-of the Pearsall Fertilizer Works, Julius Berger and others,
it appeared that all were in agreement that the effort to secure an honest andaccurate listing of property,
was justified, but some did however, show that human weakness of resentment for being called upon to per-
form a duty no!a they once had a chance to perform'but failed.
FSarther discussion followed after which Mr. Trask moved and it was seconded by Mr. Love and carried that the
values shown on the returns in question be set up on a basis of 50% o£ the true value and the tax-payer be
? given the privilege to come in and adjust any discrepanciea with the Tax Supervisor on that basis.
Mr. Richard A. Shew, Agent for G. W. Fleming, C. S. Royal and Ella K. Royal, Mildred Fleming Powell, and
H. E. Powell et al., principal owners of Flemington sub=division, submitted a petition requesting the Board
? to authorize the closing of certain streets in Flemington sub-division that have never been opened or used
? in anyway as streets, roads or other puhlic ways to enable the use of the area containin pproximately 75
-? •' acres of land for a factory site for the construction and operation o£ a proposed faetor? Was upon motion
of Mr. Davis, seconded by Mr. Trask, approved and referred to the County Attorney to t ake such proper steps
_ necessary to close the said streets as requested. The petition follows:
° REQUEST FOR CLOSING STREETS
IN FLIIJiINGTOid SUBDNISION
T0: THE BOARD OF COD'G,ISSIONERS
County of New Hanover
State of North Carolina.
Come NoH G. W. Flemi.ngton, C. S. Rnyal and Ella K. Royal, his wife, Mildred Fleming Powell and H. E.
Powell, her husband, thru their duly authorized agent, Richard A. Shew, and respectfully request your Honor-
able Board to order the closing of certain streets hereinafter described in the sub-division of Flemington
pursuant to the provisions of subsection 153-9 (17), of the General Statutes of North Carolina, and in sup-
port of such request represent to your Honorable Board that:
1. They are owners of all the land, with the exception o£ about 40 lots heretofore sold off, embrace
within the sub-division now called Flemington, formerly called Pocomoke, in the County of New Hanover, State
of North Carolina, shown by a plat. thereof recorded in Map Book 4, on page m64, in the Registry of said County.
2. As indicated by said plat, several streets were proposed within said sub-division including Flem-
ing Street, 9econd Avenue and two other unnamed streets north of said Second Avenue. The mentioned Flem-
ing Street, Second Avenue and, the unnamed s treets have never been opaned or used in any way or manner as
streets, roads or other public ways. They have not been accepted for public use or maintenance by New Han-
over County or the.,State Highway and Public Works Commission of Norbh Carolina.
3. Your petitioners desire to "close" said streets to the end that the land which would be embraced
within the boundaries thereof and certain other land surrounding them, containing in the aggregate approx-
imately 75 acres, may be utilize3 for and in connection with tho construction and operation of a factory
' wl;ich will, thru employment of labor and otherwise, contribute to the industrial progress and growth of the
County and promote the general welfare thereof.
4. No lots fronting on any portion of said streets have'been sold off.
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Meeting of July 27, 1953, continued.
5. All persons who own lots in other parts of sa3d sub-division have signed written statements
(copies of whichstatements will be furnished to your Honorable'Board) in which they have consented to the
'blosing" of said streets, except three owners wl-iose names•and addresses are as follows:
NAI`9E ADDRFSS
Ida Lewis Press]y and Husband Garner, N. C.
Mrs. S. F. Lewis New Hanover County, Wilmington, N. C.
Alex Malpass and wife New Hanover County, WiL-nington, N. C.
6. None o£ said owners or any other indi:viduals owning property within the vicinity of said streets
or in the mentioned sub-division will be deprived by the "closing" of said streets of reasonable means of
ingress and egress to his or her property..
7. The °closing" of said streets will not be contrary to the public interest.
IJHEREFORE, your Honorable Board is respectflilly requested to set a time and place for a meeting to
consider andact upon this request and cause notice of such meeting to be given to the individuals named in
paragraph 5 above who have not consented to the "closing" of said streets and cause notice of such meeting
to be publiahe3 generAlly•as r?quired by sub-section 153-9 (17) of the General Statutes of North Carolina
referre3 to above.
Resepctfully submitted
G. W. Fleming
C. S. Royal and wife
F11a K. f?Qyal
Mildred Fleming Powell and
Husband H. E. Powell
Bv Richard A. Shew
Agent.
Dated; July 27, 1953.
Nr, Joe Herlevich, State Forester, appeared in the interest o£ the County joining the State Forest Fire
Protection Service wnich is proposed to operate on a budget of $15,400.00 for the first year of which
amount the County would be required to pay 40% or $6,160.00 and may ask for the erection of a fire tower
next year at a cost of $6,000.00. It was then suggested that an observation post be provided atop of one-
of the high buildings in the City may suffice, which it was agreed to be?iven consideration, also the fire
towers at Rocl?y Point and Maco may be tied in with the service. Inasmuch as this service is primarily
for forest protection, 14r. 0'Shields brought to the attention that timber was not assessed and should be
considered in the overall expense. The County Attorney advised timber should be assessed separately
from the land for taxes and not as a contribution. Thereupon Mr. Trask moved that we participate in
the State Program for forest fire protection an3 that owners of ti.mber land be contacted to secure their
willingness to have their timber assessed for taxes separately from the land to dd in this expense, the
motion was carried.
The following notice to exercise the rights of purchase under agreement designated "Option for purchase of
?wl?iv Iand", covering lands generally designated as a portion of the New Hanover County Airport, was received
y' from the Department of the Navy, and presented to the Board by the_Chairman:
Chairman, Board of County Coimnissioners
of New H;anover County
Wilmington, N. C.
Dear Mr, Horton:
13 JulY 1953.
Notice is hereby given that the United States of America, acting by and thru the Department
of the Navy and the authorized Contracting Officer, does hereby exercise the rights of purchase given to
it under that certain Agreement designated "Option for Purchase of Iand", conveying lands generally desig-
nated as a portion of the New Hanover County Airport, Wilmington, North Carolina, executed on the 27th day
of October 1952, for and on behalf of New Hanover County, North Carolina, by the Chairman of its Board of
'?• Countp Comnissioners.
There will be forwarded to you forthwith by the District Public Works Officer of the Sixth
Naval District an Agreement, for your consideration and review, and i£ satiefactory for your execution,
? which is be].ieved will fully satisfy the condition of the Option set forth as Article 10 thereof.
For purposes of identification the Contract for Sale has been assigned the Contracting
Symbol NOy (R)-47786.
? Sincerely yours,
/s/ Jack E. Cochrane
By direction of the Chief of
the Bureau of Yards and Docks,
acting under the direction o£
the Secretary of the Navy.
o Delivery o£ the Government's check, which has been issued For $307,200.00, payable as soon as the United
.-.'a States has accepted the option, was postponed pending final gassing of the same by the U. S. Attorney
General.
The County Attorney advised that the money for the recent sale of Series "B" , School Bonds should be avail-
^r`.??" ? able hore this week. He also raised the question of securing the necessary information for description of
the area for the preparation of the deed conveying the Stadium to the City.
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, Meeting of Jul,y 27, 1953 - Continued
Upon motion of Mr. Davis, the Chairman and the Clerk of the Board were authorized and directed to execute
a quit claim deed on behalf of the County, to Mr. M. L. Harriss and wife, Hattie L. Harriss, for lot 3, in :
??L:;Ztblock 2, Hanover Gardens, to correct an error in a conveyance of the said property to-Paul E. Hoggard and
wife November 6, 1944 which erroneously show the property authorized to be conveyed to be lot 3 iri Block 12,
there being no Block 12 in said sub-division. ,
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The County Attorney presented a deed conveying a part of the Stadiwn land to the State of North Carolina
for the construction of an Armory thereon for Company I, 119th Infantry, North Carolina National Guasd, and
I 'j,?the Chairman and the Cierk of the Board were authorized and directed to execute the same on behalf of the
County, as agreed.
?,-?,?-U•pon motion the Board approved the transfer of 17.9 acres of land; part of County Home tract from Timme Corp-
?t?(?oration to Neia Hanover County at a price of $2,685.00, the Cowzty to be reimbursed in that amount by the
State Highway and Public Works Commission upon transferring the said land to them for their Administration
Buildings, Shops and Garage site.
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City Counci3men Mayor E. L. White, E. S. Capps, Gordan Doran, Jas. E. L. Wade, Dan Cameron, City hanager
? J. R. Benson, and City Attorney W. B. Campbell appeared and a joint meeting was held to consider City-County
joint appropriations for.the fiscal year 1953-1454, which were set as follows:
\ i . CitY County
a 0 00
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W ?Tax Offace, salaries not included 9 42540.00 4p54 •
) -City Tax Listers 1,000.00 12000.00
rrU'X ?Back Tax Office, salaries not included 11275.00' 11275.00
Health 28,987.00 57,974.00
?Health -DDT Dusting Program 1,334.00 2,666.00
-Health - Malaria Control $450. & Nosquito-Fly Control $900.00 continued for further investigat4.on.
iMilitary Units 1,000.00
" 1,000.00
?City Library 121750.00 6075.00
„-Colored Library . 22000.00 2$000.00
J-4b, ?Sorosis Museum Service • 150.00
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2 150.00
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2
850
.-Veterans Service Officer • • .
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rCivil Defense - 1i,500.00 19500.00
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? i-Jas. Walker Nemorial Hospital 16)200.00 32,400.00
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s 'Comr,:•unity Hospital . 41,150.00 82,300.00
Upon motion of Mr. Love, seconded by Mayor White, a joint appropriation of approxivately $150.00 for enter-
j,ainment
- for Colonel R. C. Brown, United States District Engineer, who is scheduled to leave Wi4mington about
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t ?ugust 1 for duty in Italy, was authori2ed.
The joint meeting then adjourned at 1:00 o'clock, and the County Commissioners took a recess until 2:00 o'clock PM.
Pursuant to recess taken at 1:00 o'clock Phi., the Board met at 2:00 PM,; with all members present,
letter was received from Colonel R. C. Brown, U. S. District E2ngineer, thanking the Commissioners for their
' ---booperation and wsistance during his tour of duty in the Wilmington District and advising that he is scheduled
to leave Wilmington about August 1 on change of station orders for duty in Italp. He said that on leaving
he would like to pass on the friendly relations he enjoyed, to his successor, Colonel Raymond L. Hill.
` A letter was received from Mrs. Flizabeth Christ, 5031 Pine Street, Winter Park, expressing thariks for the
?pS recent top dressing to Pine Street, and asked that a street sign be installed as there is no name any place
on the street and is confusing•for our of town people trying to loca3,e it.
q A request of Mr. Clayton C. Holmes, Attorney, that the County and City write him a letter to the effect that
, they will protect him and save him harmless, on account of the claims of the U. S. Government to the funds in
our hands which represent the net procee3s from the sale of Holsey Williams Estate property for taxes on which
? the Federal Government claims a first and prior lien to the extent of the amount of same paid to the City and
. County on.tax liens, was received, and the County Attorney advised against it except by Court authority, and
. on his advice the Board asked Mr. Ho]mes to let the Courts pass on it.
_yy A letter was received from Mr. B. Frank Brittain a sking that the County refund to him the purchase price of
$260.00, and $1.75 recording fees he paid a t a tax sale for a lot of land at Carolina Beach, Imown as the
Thos. H. McGee lot, for the reason he claims ther "„ e is no such property there.
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theChamber fmeonsid0era0
for ?is S£iscal hyear?in rlieu of the that ehaCounty's s formerly l been l e case? was tabled for further c
tion.
A request was received from Mr. R. I. Mintz to be heard on a complaint of assessment on the Davis property
1709 Narket Street which he purchased recently, in which the Peoples Saving Hank & Trust Company as Trustees
are also interested. The time for hearing complaints having expired and the Tax Assessors having completed
their work and discharged, his complaint will be filed for next year's cnnsideration. However, in view of
the £act that the County is now in the process o£ employing a full time assessor, in that event will notify
him. . ' '
?OY--An Audit Report of the ABC Board for the fiscal year ending June 30, 1953 was received.
Notice of final debision of the State Board of Allotments and Appeal terminating payments in the matter of
s QAA for Sophia Ho]mes Alford and Idella Futch Sessoms and APTD grant for Nora Alford Carroll, upholding the
-? action of the New' Hanoder' County "Board of Publio Weifar"e, fo'r •the- r'eason 'it was Pound- that the 'incom'e' in the
fiome was found' to be sufficient, to provict'e £or" their'needa. . Wa's'''received:andy'filed, •
A letter was received from Mr, James S. Currie, Director of the State Department of Tax Research asking for
esti.mates of the assessment ratio for various types of property for the purpose to enable him to answer out
of State inquiries of corporations considering locating a plant in the State as to local taxes. Was refer-
red to the Chairman to answer.
\` The Chairman called attention to the dragline progress and schievements, and drainage work anticipated to be
„?'?v??""?done in the future, as indicated on the Soil Conservation Map kept in his office £or that record.
The Chaiiman recommended combining the two kitchens at the County Home £rom a s tandpoint of econorqy inasmuch
?_.,A-.as the old wornout fuel burning cook stove in one of the kitchens is beyond repair, and one kitchen could
???answer the purpose of two. AL*. Davis and Mr, 0'Shields then told of having provided the two kitchens £or
the preparation of separate diets for the prisoners and inmates, which in the past proved unsatisFactory to
, handle in one kitchen, and objected to the change back to one kitchen. The Chairman then advised that the
purchase of a new stove would be necessary at an approximate cost of $600.00 to replace the old worn out one,
, but still insisted that the two diets could be prepared in one kitohen. Instructions were given to ascertain
' the cost for repairing the old stove.
?I?? The question of employing an Investigator for Commur.ity Hospital to screen indigent cases admitted to the Hos-
? pital thru the Welfare Department, to make collections of delinquent payments 'the balance left after aying
salary and expenses to be turned over to the County Auditor £or distribution tetween the City and Coun?y as
their respective interests may appear, was discussed and approved. _
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Meeting of July 27, 1953 - Continued
The Board also approved the employment of Mr. Harry S. McGirt as flill time Tax Assessor at a salary of
$43000.00 per year. If he should decline the offerT then to refer the same to the Local Real Estate
Board to recommend some one.
??41 A recess was then taken until 8:00 P,M., tonight to further consider the budget.
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8:00 P. M.: The Board met with all members present and after tentative],y setting appropri.ation items
for the varioua Departanents of the County, adjourned at 11:15 P. M.
Clerk.
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Wilmington, N. C., August 3, 1953.
The regular weekly meeting of the Board was held this day at 10:00 o'clock A. M.,
Present: R. T. Horton, Chairman and Commissioners Claud 0'Shields, Thurston C. Davis, Hal J. Love, Raiford
Trask, County Auditor T. D. Love and County Attorney Marsden Bellamy.
The meeting was opened with prayer by the Reverend N?r. G. C. Moore, Pastor of Southside Baptist Church.
Upon motion of Mr. O'Shields, seconded by Mr. Love, the minutes of ineeting of Julp 27, 1953 were correctefl
by striking from the records all of that part of paragraph six after the word "justified" in line 14 of
said paragraph.
A number o£ business men again appeared to £urther discuss the tax listing situation, principally a basis
/1Uof evaluation. Among those taking part in the discussion were: Merrs. Frank Byrne; P. M. Camak, Eycecu-
tive Secretary Chamber of Commerce; Bruce Cameron; J. E. McWatty, President Chamber of Commerce; J. M.
Gregg; Eligene Fdwards; Wallace Murchison; Fred Willetts and R. C. Platt, Jr. The question was discuss-
ed at length and a motion was offered by Mr. Love to amend the minutes of Ju1y 27, 1953, to fix the basis
of assessments of property at its.true value, but failed of a second. Mr. Trask then suggested that the
Chairman be authorized to appraise property at its true value. The same was tabled to secvre the opihion
of the Attorney General.
After approximately two hours the discussion ended when a motion was made by Mr. Davis, seconded by Mr,
\ C Trask and carr3ed, that a cormnittee to be composed of Mr. Horton, and a representative each from the Mer-_
chants Association, Chamber of Commerce, Certified Public Accountants, and lrusiness men if necessary, be
named to hear this matter with the view of reaching a s atis£actory solution of the problem.
Purauant to the authority given the Board of County Commissioners of New Hanover County by Section 1, in •
Chapter 94 of the Session Laws of 1953, the Board on recommendation of the Register of Deeds, and upon mo-
tion of Mr. D3vis, seconded by Mr. Love, does hereby set and fix the fees which may be charged by the Re-
gister of Deede o£ New Hanover County for recording the following documents permitted or required by law
to be recor3ed in the office of the Register of Deeds$ to b e as follows:
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For Recording:-
Chattel Nortgages .50
Deeds (Statutory Form) 1.50
Dee3 of Trust 1.50
Mortgage 1.00 . .
Building and Loan Mortgages 2.25
Fees for straight copy are hereby fixed at $1.00 for the first 300 words
and 10¢ per hundred words thereafter.
Cancellation charges are included in the above schedule of fees.
Fees for cancellation of mortgages not included in original registration
fees.
The foregoing fees shall be in full force and effect from and after August
15th, 1953. . ,
As to the fees to be charged by the Clerk of Court, the Clerk of Court was upon motion o?
Mr. Trask, seconded by Mr. Davis, instructed to make such changes as are fixed and suthor-
ized by law.
Mr. E. B. Wright and Mr. Harry E. DeHart appeared to complain of spectors blocking the highways and road-
ways to the scene of fires which seriously retards their Volunteer Fire Departments from reaching the fires
promptly and lessens the efficiency of the Departments. He asked that somesteps be te.ken tostop thisprac-
tice. It was suggested that the Sheriff be notified when a fire occurs so he can clear the roads of con-
gestion, and that publicity Ue given to the effect that those blocking the roads will be subject to indict-
ment.
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A party complaining of a roadway connecting with Mercer Avenue being closed by a person resulting from a dis-
pute over its status as a public thoroughfare, was advised tofiake the matter up with County Solicitor John
? E. Walker inasmuch as the offending party wou13 be subject to indictment for a misdeir,eanor if the said road
has been in use for as longas twenty years.
Upon motion of Mr. Davis, sBconded by Mr. Love, it was recormnended that the Sheriff discontinue the practice of
/`_d?/ permitting bondsmento go into the jail proper to transact business matters with theirclients. That such
_OUV business transa¢tions be made outside of the 3ai1 quarters. , , .
-)G71 Mr• Horton announced that Mr. Harry S. McGirt has accepted the job as full time Tax Assessor a& of this date.
The Chaixman announced approval of the re-arrangement of the Armory site at,Legion Stadium by the Adjutant
';??OT''?General, to reduce the 160I000 square feet area to 143,000 square £eet, and re-arrange the outside boundries
of the site to come within the 143,000 square feet on agreement with General Manning, The disputed fence area,
? to be re-located outside of the race track area.
' Mr. Horton reporte3 the Drag-line has been move3 to the mouth of Prince George Creek for from three to four
?,d?? months work, and that two sections of five foot pipe would be needed for culvert un3er the Blue Clay Road
?? below Peterson's Store. Upon motion oF Mr. Davis, seconded by Mr. Love, instructions were given to request
N,r. Heide Trask, Thirt Division State Highway Commissioner, to have the State place the necessary pipe there
for the culvert.
? Upon motion of NIr. Davis, seconded by P1r. O'5hields, the Board approved further developnent of Hugh 1iacRae Park
by building certain roads through the same, which will necessitate the cutting of trees which would not violate
? the restrictions in any way provided by the Donor to prohibit the use of the land £or purposes other than a
park, in the opinion of Mr. Hugh A1acRae,II, as per his communication to the Commissioners of July 29, 1953.
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