1953-10-19 Regular MeetingI
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Meeting of October 12, 1953 - Continued - ? An invitation was received from the County Home Demonstration Agent to attend the Fall Achievement Day Pro-
gram at Masonboro Baptist Church, [dednesday, October 21, at 8:00 P.M. ,
A letter was received from Mr. Theodore H. Noe advising inasmuch as the Gurrituck-Aare District Health De-
pa.rtment had made it sufficiently interesting to retain him as their Sanitarian, he would not be able to
? take a position with the Local Health Department, which position he sought and had recent]y been accepted
by the Board of Health, but had not entered upon his duties. "
? Upon motion of Mr. Trask, seconded by Mr, Davis, A'ew Hanover Junior High School Band, J. R: Dobson, Director,
was granted an appropriation of $300.00 out of the aavertisirg fund for uniforms; fllso C,65.00 to the Daugh-
ters o£ the American Revolution for purchase of page advertisement in their booklet "Wilmington Historical
Colonial City", of which 7,500 copies, or a two years supply are to be published, which in;the opinion of
the Board will,be to the Gounty's interest for advertising its resovrces and advantages.
? A request to appropriate $500.00 to Tileston-Sunset Park Jvnior High School for the purchase and maintenance
of band uniforms, was received for consideration along with the distribution of the advertising fund.
Upon motion of Mr. Davis, seconded by Mr, t^rask, the Board approved the sale of the following parcels of.land
41 bought in by the City and County £or taxes, subject to the approval of the City, on 20 days option. Heirs to
? be given first..refusal to purchase at a price the County and City bought the same in for taxes, plus cost,
interest and penalties, or at the approved appraised value if equal to the a mount the City and County has ex-
pended in it, whichever is the greatest: ` - I
- Block 8- Lot 1- Mercer Place Taxes $166,68 Appraisal $250.00 to W. D. Bryant for $350.00
? Block 59 - Lots 5 and 6 " 344.18 " 300,00 " W. S. Stevens " 459.18
'Block 502- " 2 " 352.43 " 450.00 " Heirs of Helen Kellog
Yarborough for 450.00
? A letter waa received from Major L. Shackle£ord, Salvation Axviy, thanking the Commissioners for their consider-
_GJ ation in waiving the taxes on the Salvation Army Station Wagon and her car, both of which are used for Salvation Ariqy work in delivering and collecting for the needy of our community,.and would appreciate consideration.of
this for the next year again.
IIpon motion of Mr. Davis, seconded by Mr. O'Shields, E. L. Bost was granted an?abatement of taxes on a valua-
tion of $2,850.00 charge3 against him on lot 3, in block ll,, Kure Beach as not listed for the year 1952, ac-
count of double chrzrge and error. The same'is ownedp listed and taxes paid for said year by Dell Gore.
The Federal-State Farm Census Report Books for 1954 were received and upon motion of Mr. Davis, mconded by Mr.
O'SHields, the same were or3ered turned over to the proper o£ficial to promptly coraplete the alphabetical list-
ing in the Farm Census report books from the scroll books of all land owners having three or more acres of land
in ariy township naw, rather than waitin.g until taic lis'ting time. ''
Monthly reports were received from the Home Demonstration Agent, Farm Agent, Wilmington Public Library and
Colored Library Receipts and Disbursements, Housing Authority of the City of Wilmington and County Farm Pro-
"duction P.eport and ordered filed.
/ la?A copy of the North Carolina Welfare Statistics showing number of persons reaeiving Old Age Assistance in July
per 1,000 population, 65 years of age and over, from 1938 to 1953 was received and filed.
A statement of expenditures for Forest Fire Control inaccordance with the contract for 1953-1954, shoiaing
total expenditures to September 30, 1953, to be $264.65 of which amounb 40% or #105.86 i's to be paid by the
? County, was received from the State Forester and approved for payment. ,
Payment of $175.00 special attorneys fee to Solomon B. Sternberger, Attorney for services rendered the Defend-
? ent in the case of State vs Clarence Newkirk; charged with murder in the first degree, was upon motion of Mr.
? Trask, seconded by Mr. Davis, approved on order of the Judge presiding, October 1953 Cr9minal Term of the
? Superior Court,
TYie. mee'ting then adjourned. .
Clerk. . .
Wilmington, N. C,, October 19, 195?44
The regular meeting of the Hoard was held this day at 10:00 o'clock A.M.
Present: R. T. Horton, Chairman, and Commissior.ers Claud O'Shields, Thurstoh C. Davis, Hal J. Iqve, Raiford
Trask, County Attorney Marsden Bellazry and County Auditor T. D. Love.
The meeting was opened iaith prayer Uy the Reverend G. D. Carnes, Pastor of Mt. Zion Methodist Churchi Colored.
Upon motion of Mr. A3vis, seconded by Mr. Love, Tileston-Sunset Park Junior High School Band$ was granted an
? appropriation of $500.00 for uni£orms out of the advertising fund, the IIoard feeling such an expenditure will
^ be to the interest of the County for advertising its resovrces and advantages.
Upon motion of Mr. Davis, the minutes of ineeting of October 12, 1953, copies of which were previously mailed
to each member of the Board, was approved.
?O?'The question of responsibility to authorize autopsies in cases to determine cause of deaths, it was of the
i?pinion o£ the Board, that it'is the duty of the Health Officer to first determine if such is necessary before
? action is taken by the Coroner.
Differences o£ opinion having arisen between Mr. Foster Elwar3s, Clerk of the Superior Court, and Nir. H. Win-
Mr1'l,field Smith, Recorder, as to their respective jurisdiction over employes of the Recorders Court in connection
with the adjustment of s alaries. Nir. Fdwards appeared in the interest of c7.arifying that question inasmuch
as he previously made certain recommendations as to salary adjustments of the employes in his office, two of
whom have been assigned to Recorders Court work con£licting with recommendations suggested by the Recorder.
In discussing the matter, the County Attorney ruled that in his opinion, Clerk of the Superior Court being
ex-officio Clerk of the.Recor3ers Court, by virtue of his of£ice as Clerk of the Superior Court, has the same
rights as in the Superior Court, and has the right to appoint his Clerks, and say who shall be cierk in Re-
corders Court. The Commissioners have the right to set salaries, that recorimendations of the Clerk of Super-
ior Court or the Recorder as to salaries of.the clerks assigned to Recorders Court work, is merely persuasive
and not manditory. Mr. Smith being confined at his home sick and not able to be present, the matter was refer-
red to the County Attorney, Clerk of the Superior Court and the Recorder, to get together and wrk out their
problefns and report to the Board at a subsequent meeting. ,
A copytof a resolution from the Wrightsville Deach Parent.-Teachers Association recommending the County Commis-
sioners adopt and put into effect an ordinance prohibiting the•placing of abandoned ice boxes or refrigerators
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Meeting of October 19, 1953 - Continued -
where they will be accessible to children at play, that may endangex their lives, was on advice of the County
Attor.ney referred to the Board o£ Health for consideration as the County Commissioners have no legal authority
to pass such an ordinance, that, in his opinion, being the matter for the Board of Health.
A request of Mrs. Marion K. Walker to give cons=deration to having cleared off and placed in good condition, a
roadway forming a semi-circle around lo't #200, Winter Park, which said lot was reported to have been given by
the late Hugh NacRae for a ball diamond and park, was referred to the County Attorney for clarification and re-
port the status to t he Board. ,
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?,,P/The Chairman announced that Mr. A:/ B. Andre.rs representating the Auto?aatic Voting Machine'Gompar?y, wished to
appear before the Board to explain the_machine and saving to t?e County. The Chairman was of the opinion no
saving would accrue, however, it was suggested the City should sit in on the proposed meeting, and the Board
of Elections given a chance to make recommendations. The matter was left with the Chairmari to arrange a
meeting if necessary ,
,,?W?Mr. Louis T. Moore, Chairman New Hanover Historical Commission, appeared.to urge tiiat the Board of Fducation
be requested to re-locate the Isaac Bear Plaque at Isaac Bear School?-w'here it can be eaeily read, and to show
on the same "Isaac Bear Memorial Huilding - Wi]mington College°. Also asked repla`oement of the National Flag
at "Battle Acre", Fort Fisher, and advised if the site is put in condition, the Carolina Beach Garden Club
will assume responsibility for its beautification. I Mr. l?ioore further asked that U. S. Senator Lennon and Con-
gressman Carlyle be requested to use their good efforts to have Fort Fisher taken over as a National Park area.
?(+? Davis brought to the attention o£ the Board, destruction of property at Oak Grove Cemetery by vandals and
asked that a closer watch be maintained tfiere to keep trespassers off the premises and stop such disgraceful,
unlawful practice., I
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The Hoard acknowledged with thanks, a letter recoived from N,r. Robert A. Burch, State Highway Traffic Ehgineer--
that upon investigation of the need for a speed zone on US 421 from Maffitt Uillage; to Echo'Farm,it was found
that a reduction in speed is not warranted. ? ?&L'Payment of bi11s for expense incurred for autopsy, removal and re-burying the body of William S. Benson, Jr.,
at Goldsboro, Wayne County, on approval of District Solicitor Clifton L. Moore, and on order of the Honorable
Clawson L. Williams, Resident Judge of the Fourth Judicial District, in connection with the said body having
been found washed ashore on the strand at Carolina Beach, reportedby New Hanover County Coroner, as cause of
death by a broken neck accidentally sustained while swimming. The saiA bills and order having been presented
to this Board on September 21, 1953, was discusse3 as to wk?y we should be obligated to pay the bills for furth-
er investigation on a question of possible homicide and murder raised by Wayne County.
A letter of appreciateion was received from the New Hanover Junior High Band Parents Club for the allotment of
$300.00 to the Band out o£ the Advertising Fluid.
Upon motion of Mr. Love, seconded by Mr. Trask, the contract to audit the Consolidated City-Cotuity Tax Collector
-•' for the year 1952, submitted by J. B. McCabe & Company, on a per diem cost basis of $6'.0? for Certified Rzblic
Accountant, Senior Accountant $5.00, Semi-Senior Accountant $[,..25 and Junior Accountant 3.50, was approved
and the Chairman authorized and directed to sign the same on behalf of the 'County. '
-? Notice wasieceived from the State Bbard of Allotments and Appeal of termination of Old Age Assistance for Julia
Dicker?on_Drevery, Kure Beach, and Hnbert Hylen, 607 South 2nd Streetp For the reason that it was f ound that
the income i the homes of the relatves with wliom they reside is sufficient to provide for their needs.
-----1?--APletter was received from the State Department of Revenue requesting that we furnish them uith a list of the
real and personal property valuations of corporations operating in Neia Hanover County for January 1, 1953, was
approved by the Board.
?Farm Census Suinmary of 1952 cro?s was received from the North Garolina and Federal Departments of Agricul-
? ?-kA-i15P ture Crop Reporting Service, Raleigh, N. C., also monthly reports for September from James Walker Hospital?
?p??ard of Health and Airport - receipts and disbursements, /
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A report was received from the State Board of Public Welfare showing that 051,414.75 was sent to this County
for August for OAA, ADC and APTD, and statement from North Carolina Industrial Commission listing insurance
companies ranked for promptness of first payments, were upon motion of Mr. Love, seconded by Mr. Davis, order-
ed filed.
Upon motion of Mr. Davis, seconded by Mr. Love, Flemington cr Pine View Baptist Church was granted an.abatement
??y\ of taxes charged against lot 15 and 16 in block E, Flemington Village for the years 1951 thru 1953, an3 the
said property ordered placed on the Tax Free list a ecount of church property and being used exclusively for
church purposes. The heira of _Louise Kelly_were also granted anabatenent of taxes charged as not listed
against 2-21-acres Flxtch Lad, Harnett Township No. 2 account of duplicate charge, the same being listed and
the taxes paid by Nary N?attocks , one o£ the heirs, 1940 thru 1953.
Upon motion of Mr. Davis, seconded by Mr. 0'Shield5, taxes charged against Carter and Brice as not listed on
f a tract of land near Greenfield Terrace, under heading of Miscellaneous, Wilmington Township, for the years
-1 Gx 1939 thru 1953, was on investigation and r ecommendation of the Back Tax Collectbr, ordered abated and the tax
records corrected for the reason all of the said land has been sold at times to various persons and the taxes
assessed against themlaccording to the record file submitted.
.? The matter of dividing the assessment of $1,025.00 on a jointly owned aLley-way in Block 204 located on the
North side of Grace Street 100 feet east of Front Street, 12 feet wide on Grace 5treet and iunning northward-
lg 132 feet, and charging the same in the following proportions against the mid land as a private alley-way
appurtenant to the properties of each of the following owners, to-wit:
--Pete Compos 1/2 $515.00 -'John Ponos 1/4 $255.00 - John Spillman 1/4 $255.00
The foregoing, in the opinion o£ the Board, appearing to be a fair and equitable distribution of the assessment,
??? approved the same on recommendation of the Tax Assessor.
IIpon motion of Mr. Trask, seconded by Mr. Love, the Board declined to accept a 20-1ay option submitted by Mr.
,-9-Ft.-Aillie James to gurchase City-County owned lots 3,4 and 5 in Block 228, at $614.73 pending re-appraisal-of
the property and further investigation of the same.
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--O?A request of Mr. Al.an A. Niarshall, Chairman of the Iawyers Library Committee that the Commissioners assign the
use of the east half of the office occupied by Civil Defense across £rom the Grand Jury Room, Second Floor of
the Court House Annex, for the Iaw Library quarters, was granted, The proposed partitioning off of a passage-
way oonnecting with the east entrarice to the Superior Court Room; and for an additional bookcase was discussed.
The Cotmnissioners insisted that the passageway be not partitioned off if possible to meet the need without doing so.
Q Upon motion of Mr. 0'Shields, seconded by Mr. Love, it was authorized and directed that a special reserve fund
be set up out of surplus funds derived from the sale of County assets, land, timber and so forth, for the Com-
missioners use in participating in worth-while matters that in their opinion will be to the County's interest
and in accordance with the law.
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46 2 Meeting of October 19, 1953 - Continued-
JrPayment of $25.00 for JUnior Chamber of Commerce State Directory iaas continued for investigation as to what
previous authority was given, if any.
?-? Upon motion of Mr. 0'Shields, seconded by Mr. Davis, County bills No. 807 to 1108, inclusive, were approved for
payment.
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The Co:nmissioners agreed to hold their T. B. Hospital Directors meeting at the T. B. Sariatorium next ?16nday
/4A morning, October 26, following adjournment of the County Commissioners meeting.
The meeting then adjourned.
Clerk.
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The regular meeting of the Board was held
Wilmington, N. C., October 26, 1953.
this day at 10:00 o'clock A.M.,
Present: R. T. Horton, Chairman an3 Commissioners Claud 0'Shields, Thurston C. Davis, Raiford Trask, County
Attorney Marsden Bellar.ty and T. D. Love, County Auditor.
? Due to some difficulty having been experienced insecur5.ng the s ervices of a minister to open our weekly meet--
_,.? ? ings with prayer, it was suggested and agreeable to the Board to contact our Churches or Niinisterial Assoc-
iation to work out a successful plan to provide this service in the Puture.
The minutes of ineeting of October 19, 1953, copies of Which were previous],y maile3 to each meanber o£ the Board,
were upon motion o£ B1r. Davis, seconded by Mr, 0'Shields, approved,
There appeared to be no justification £or taking any action on a request of Mrs. Marion K. Walker to clear and
establish a roadwray around Lot #200, Winter Fark, which, it was said, the late Hugh 14acRae had donated for the
/ use as a ball 3iamond and park, the same never having been accepted as a road and park so far as it has been
,able to ascertain from the recor3s, and therefore appears to have been abandoned.
Upon motion o£ Mr. Davis, seconded by Mr. Trask, the Commissioners by a unanimous vote petitioned the State
Highway and Public Works Commission on State Form R-10, to grade and surface a roadway approximately 4,500 feet
? in length, thru the County's Hugh MacRae Park,-from Oleander Drive to Long Leaf Hills connecting with Maffitt.
/ Village-Winter PArk Highway... •
? Upon motion of Mr. Davis, seconded by Mr. Trask, the Board concurred in the a ction of the City Council in agree-
ing to sell tax £oreclosure property, parcel 111, part of lots 1 and 2 in Block 351 to J. N. Alexius for ,$200:00;
and parcel 107, 314 to Oakdele Cemetery Company for $300.00, also, part of lots 3, 4 and 5, in Block 228 to Dr.
Joseph W. Hooper for $635.00. The ChairrLan and the Clerk of the Board are hereby authorized and directed to
execute a deed, on behalf of the County, conveying the same to the parties aforesaid, upon payment of the pur-
chase price. • , - • I ,
? Upon motion of Mr. Davis,seconded by Mr.iShields, the Board by unanious vote re-affirmed and continued in ef-
fect, the action taken by the County Commissioners at meeting of Januaxy 13, 1931, and November 21, 1932, naming,
authorizing an3 directing a committee of the Chairman of the Board, the County Auditor and the County Attorney
to acquire additional United States Government Bonds, or State Bonds from the County Depositories to secure
County Funds deposited, or to release any such bonds should the shrinkage of such County deposits in any.of
the said County depositories warrar.t such action. Or, to exchange any bonds or notes hela to secure County
funds for aqy other bonds or notes, that in their judgnent will adequately secure the County fltnds in the re-
spective depositories.
? A conumznication was received from Mr. John M. Strong, Administrative Assistant, enclosing
? orders of the Chief Justice of the Supreme Court of North Carolina calling a special civil term of Court for
5 New Hanover County to begin 22 March, 1954, and continue for two weeks, and a special two-week-civil term to
begin 3 1`1sy, 19542 in accordance with a recent request of this Board on petition of the New Hanover County Bar
Associatior.,
?y The Chairman announced the Volunteer Fire Departments will hold a meeting neact Thursday night to discuss the
? matter of ea;pense and proposed charge for answering fire calls outside their respective areas that have not
? yet acquired necessary equipment to qualify for County assistance under the contract, before bringing the mat-
ter before the Hoard, which, in the opinion o£ the Board is a matter they should settle among themselves.
? The Chairman presented a list of names o£ tax payers who have failed to list thoir property for the year 1953,
?px in the amount of approximately $3,600,000.00 Real Estate, $375,000.00 Personal Property including $1,000,000.00
motor vehicles, for presentation to the Grand Jury £or its action. The County Attorneq raised some question
as to the accuracy of the list and advised the Solicitor should Ue called in for conference on the matter be-
fore turning the same over to the Grand Jury. Considerable discussion followed, and Mr. Horton asked,"how are
you going to correct or prevent e recurrence of this practice?", and recommended that te list be screened,
thorough]y checked, clarified with the tax payer, and then turn the same over to the Solicitor for further
action with the Grand Jury. A motion then offered by Mr. Trask that all persons who'.. have failed to list be
notified of the amount of their taxes, and if they fail to list and pay to turn the same over to the Back Tax
Collector for collection, failed of a second. Mr. O'Shields auggested that after tax listing time next year,
all persons who hzve failed to list be notified by registered mail (for proof of having received notice) to
come in and list their taxes or the same will be turned over to the Gs•and Jury,
After further discussion Mr. Davis moved and it was seoonded by Mr. O'Shields and carried, that a list of not-
listed Personal Property and Heal Estate be compiled for 1954 for checking against the 1953 not-listed list,•
end those who are found to have again failed to list their property for taxes as required by I,aw, be turned
over to the Solicitor far presentation to the Grand Jury for indictment as provided by Iaw.
? A pamphlet containing a description of the Atlantic Intracoastal Waterway and connecting channels was received
from Col, R. L. Hill, United States District Engineer.
An inquiry received from John J. Harte Company, Ekigineeri.ng Architects o£ Atlanta, Ga., requesting information
concerning aqy miscellaneous anticipated public improvements we may have in mind to interest industry in locat-
ing here, and advised one of their engineers would be glad to meet with the County Officials and assist in
/ mapping out a program, was upon motion of Ns. 0'Shields, seconded by Mr. Ravis, referred to the State Depart-
ment of Conservetion and Development to £uri:her pursue the matter.
? A letter was received from the Gurtis Publishing Company expressing its thanks for the cooperation given their
annual survey of State, Mea and Community promotion and advertising expenditures, and enclosed a copy of their
completed report entitled "State A_rea and Co;nmunity Advertising and Promotion EScpenditures, 1953".
The Chairman"reported that Mr. J. R. Casey who agreed to swap and convey to 'he County, .23 acres of land at
the intersection of the Gordon Road and the new road under construction around the Airport, for und in consid-
eration of 33 plainl}r marked pine trees on County land at Castle Hayne, that Mr. Casey cut 73 trees thru error
of his crew by cutting beyond the designated line, will be asked to pay the difference for the additional.QO
trees cut in error, according to survep of the Forester,
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