1953-12-03 Special MeetingI
4"70
Wilmington, N. C., December 3, 1953.
Pursuant to recess taken vovember 90, 1953; the Board met at 10:00 o'clock A.M., to hear an amended petition
in the matter of closing certain streets in Flemington $ub-Division, and such other matters that may pro-
perly come up before the Board.
Present: R. T. Hox•ton, Chairman an3 Commissioners Claud O'Shields, Thurston C. Davis, Hal. J. Love, Raiford
Trask, Narsden Bellaiqy, County gttorney, and T. D. Love, County Auditor.
The Chairman recommen3ed the hearing in the Flemington case situation at this time and that discussion be lim-
ited to thirty minutes which was sgreeable to the Attorneys, and the County be governed by its interest.
rir. S. Bunn Frink, Attorneyffor the respondents raised the question that the matter was not properly before
this Board and asked that the same be dismissed for the reasons, a previous action of the County Commissioners
closing certain streets in Flemington, on appeal to the Superior Court, the Court remanded the rpatter to the
County Commissioners when it was shown that one of the property owners had not received proper legal notice
of the proceedings,.and inasmuch as the Court did not re-open the streets previously closed by action of tfie
Commissioners, and £iled official demurrer. Upon motion the same was over-ruled and Mr. IY-ink then stated he
had done what was necessary to be done and woul.d not participate £urther in the hearing and withdrew from the
meeting.
Upon statement of Nir. Ozmer Henry, Attorney for the Petitioners, that all of the property owners had been not-
ified and a cnpy of the petition and maps furnished them, and on opinion of the County Attorney that the mat-
/ ter was properly before the Board, Mr. 0!Shields moved and it was seconded by rir. Davis an3 carried to proceed
with the hearing. After further discussion and every one having been given an opportunity to be heard, the
following resolution was upon motion of Mr. Trask, seconded by Mr. Davis, unanimously adopted:
'V?
RE50LUTION
?
WHEItEAS, George Fleming, C. S. Hnyal and wife Ella K. Royal, Mildred Fleaning Powell and husband H. E.
Powell, duly filed petition with the Board of Commissioners of Netir Hanover County, North Carolina on the 27th
day of Ju1y 19532 for the closing of certain streets in a subdivision called "I'lemington", 31so sometimes
called "Pocomoke" or °Pocomoke Hills" as will more paxticularly appear by reference to said petition, and
therea£ter, after notice by registered mail to all lmown owmers o£ property abuttirg on the sbreets petitione3
to be closed, and after noi:ice duly published in a newspaper, publiehed and having general circulation in New
Har.over County, North Caro].ina, a public hearing was held by said Board of Commissioners of New Hanover County,
North Carolina on the 31st day o£ August, 1953, after w5ich a resclution was duly adopted as fully appesrs in
I,11inute Book Page , to which refex•ence is hereby made and, '
WHEREAS, an appeal from the order and resolution aforesaid was made by respondents to the Superior Court of New
Hanovor County, North Carolina, in term time, and upon said appeal it was made to appear that Alex Lewis was
the owner of or had an interest in.property abutting on Second Street in said subdivision and haa not received
notice by registereci mail as by Statute provided; and,
WHEREAS, his Honor John J. Burney, Judge Presiding, entered an order remanding the cause to the Board of Com-
missioners of New Hanover County, Idorth Carolina "to :the end that the petition filed may be amended and all
necessary and proper parties may be given notice of hearing and for such other and further proceedings as
Petitioners and the Board of Commissioners may deem lawful and expedient01, and
WHEREAS, Petitioners, C. W. Fleming, C. S. Royal and wife Ella K. Royall Mildred Fleming Powell and husband
H. E. Powell duly £iled an amended petition, 3ated October 28th, 1953, under the provisions of GS.153-9 (17)
for the closing and withdrawal of certain unopened and unused, named or designated streets ur parts o£ streets
in said subdivision as shovm by map recorded in Book of D43ps Q at Page 64 in the affice of the Register o£
Deeds for New Hanover County, North Carolina, as follows:
a. All of Fleming Street, beginning at its Northeast intersection with Fayetter-ille Avenue and run-
ning thence Northeast the full extent of said Subdivision;
b. All of that portion of "Second Avenue" northwest of the western line nf Lot No. 23 in Block E. if
extended northeastwardly, and extending from said point northwest from said subdivision to the Atlantic Coast
Line right-of-way;
c. All of that certain unnamed street extending northwest from its interseCtion with so-called Dry
Dock Street thru said subdivision and being an unncimed street running on the northeast side of Blocks "G", "H"
and "I", and on the southwest side o£ Dlocks °L" and "K°;
d. All of those unnamed streets running on the southwest side o£ B1ock "M", and also on the northeast
and northwest side of Block "M"; and, also marked and designated on map or plat attached to said Petition; and
WHEREAS, the Board of Commissioners of Neia Hanover County, duly received, £iled and considered the amended
petition of Petitioners in meeting duly and regularly assembled on the 30th day of October 1953, and ordered
pursuant to the provisions of G5.153,9 (17), a meeting and hearing at the office of the Board of Commissioners
of New Hanover County, North Carolina at its of£ice in the Courthouse at 10:00 o'clock A.M., on December 3, 1953,
and ordered thot due notice of said petition and hearing thereon be given by publishing notice thereof in a
news,paper duly published and having general cirbulA.tion in said County and that notice be given o,.+mers of pro-
perty, having or claiming to have any interest in property abuttir.g or adjoitting ar?y street petitioned to be •
closed or withdrawn by registered mail; an3
4JHERFAS, as appears by affidavit duly filed and of record due notice of said petition and time and place of '
hearing was duly published for four (4) successive weeks in the Wilmington Star-News and a copy of said notice,
together wi{;h a copy of the petitiori was duly sent by registered maii to: I9rs. Mtiry Lewis, Alex Lewis, and
wife Fannie Lewis, Ida Leuris Pressley and husband L. R. Pressley, T. W. Malpass and iaife N,arie lfalpass, Berta
Ann N,alpass and husband Alexander Malpass, N. C. State Highway and AzUlic lJorks Comrission and City of Wilming-
ton, being all persons }mown o'r shotim by the Public Records of Idew Hanover County, North Carolina having or
clai.ing to ht3.ve any interest in property adjoining or abutting on any street or part of street petitioned to
be closed or withdrawn; and WHEREAS, in addition to the persons named in the preceeding paragraph due notice as aforesaid was also sent
by registered mail to the following named persons, who own, or are in possession of or claim.to ot,m or have
an interest in property abubting and lying northeast of Fayettevi lle Avenue, southeast of the intersection of
the offered street designated on the map attached to the petition in "blue" and southwest of Second Avenue but
not abutting on Second Avenue, to-wit:
Luther L. Porter and wife, if,amie L. Porter
Delmon Cherry ar.d wife, Jean Cherry
Isaac C. Wrignt, Trustee for E. W. Godwin's Sons
R. W. Jernigan and wife Etta F. Jernigan
George McFayden individually and as Trustee for
Flemington Haptist Church, and wife Dorothy b7eFayden
Stedman B. Shepard, Sr, and wife, Gracie Cnmmings Shepard
Wm. B. Campbell, Tr, for Wm. M. Hill & B. B. Bryan
Robert R. Jernigan, 'and wif.e;_.Smoner.. Theo'-.Sernigan.:_
W, D. Arnstrong, Tr, of Flemington Baptist Church
Wm. W. Murrell and wife, Betty D. Murrell, :
Re W. Jernigan, 'r, of Flemington Aaptist Church, and
..F?..
4'7 1
Meeting of December 3, 1953 - Continued -
iJHEREAS, receipt for registered letters and retnrn receipts of the addressees, have Ueen duly filed and consi3er-
ed and found to be complete and in full compliance with Statute in such cases made and provided, and
WHEtiEAS, upon convening of ineeting of the Board of Commissioners pursuant to ordes and notice, Alex Malpass, Berta
Ann Malpass, H. A. Peterson, L. L. Porter, W: L. Yates, Dzniel A. Malpass, J. I. Hales, C. J. Peterson, Tommie W.
Malpass, G. A. McFayden, Tionroe Peterson, S. M. Szllings, Fred t,cKoy, Woodrow Mintz, Gracie Richards, Alex Lewis,
Mary Lewis, and I3a Lewis Pressley appeared in person and thru counsel Frink & Herring, :Esqs, and filed demurrer,
as appears of record, and
WH'r.REAS, no person offered any evidence in opposition to the Petition of Petitioners, and
WHr'REAS, the pet7tion having been £ully and openly considered? together with evidence adduced by Petitioners, and
WHEIEAS, after due consideration and deliberation? the Board of Comrunissioners of New Hanover County, North Car-
olina are of opir.ion and find as a fact that the petition of Petitioners should be granted;
NOW, THEREFORE, the premises being fully considered and found as facts, it is resolved by the Eoard of Commission-
ers o£ New Hanover County, North Carolina, in meeting duly and regularly asseinbled on the 3rd day of December,
1953, that:
(1) Due and proper notice o£ public hearing on this matter was duly given to all inl;erested persons
by registered letter and by publication as required by subsection 153-9 (17) of_the General Stal;utes of North
Carolina;
(2) Although said streets were shorm and designated on a plat of saia subdivision above referred to
they have never been opened or used in any way or manr.er as streets, roads or public ways;
(3) 5aid streets have not been accepted for public use or maintenance by this County or by the State
Highway and Pzblic Works Comnission of North Carolina;*
(4) 5aid streets are not located within the limits of any municipality;
(5) No individual owning property in t he vicinity of said streets or in the subc.'ivision in which they
are located will be deprived of reasonaUle means of ingress and egress to his property by the closing of said
streets or portion of street or sGreets;
(6) The closing of said streets or parts of street or streets is not contrary to the oublic interest;
' (7) That the granting of the aruended petition is in the public interest, and the best interests of
the public will be promoted thereby.
AtOW, THEREFORE, the premises being considered and upon all of the foregoing findings? it is £urther
RESOLVE7 :
a. That the demiarrer filed herein by the respondents above named be and the same hereby is over-ruled
and rejected. ,
b. That the amended request of the Petit:ioners for the closing o£ s aid streets and portions of streets
as herein described be and the "same is hereby in all respects approved and said streets or parts of streets are
hereby ordered closed as follolas:
' (1) All of Fleming Street, beginning at its northeast intersection with Fayetteviile Avenue
and running tnence northeast the full extent of said subdivision;
(2) All of th4t portion of "Second Avenue" northwe3t of the western line of Lot No.23 in
Block E, if extended northeastwardly, and ea{tending from said point northwes't-thru said subdivision to the atlantic
Coast Line Right-o£-way; _
(3) All of that certain unnvned street extending northwest from its intersection with so call-
ed Dry Dock Street thru said subdivision and being an unnamed street running on the northeast si3e of Blocks "G°,
"H" and "I" and on the s outhwest side of Blocks "L" and "K";
(Q) All of tnose unnamed streets runnirg on the southwest side of Block "N", and also on the
northeast and northwest side of Block '"M";
And, also marke3 and,designaied on map or plat attached to said petition, to which re£erence is made for a more
detailed description, and
c. That insofar as the Resolution adopted by this Board on the 31st day of August, 1953, and herein
before referred to, is in conflict with this resolution the same is rescinded and amende3 hereby, and to 1;he ex-
tent that the same is in conformity herewith the same is ratified.
• a. That it hereby is ordered Chat unless an appeal is taken £rom this order within thirty days as pre-
scribed by statute, a certified copy oF this order and Resolution together with copies of the registered letters
giving notice o£ this hcaring, the return receipts, and the aifidavit of the publication of said notice, shall
be recorded in the Office of the Register of Deeds for Neia Hanover County.
Upon motion o£ Mr. Trask, seconded by htr. Davis, the IIoard approved the sale of the followir.g two parcels of tax ????r
foreclosure prot:erty to Victor S. Gore, Jr., Lot 18 in Block 10, Wilmington Beach £or $275.00, and Lot 15 in
Block 11, Wilmington Beach £or $225.00.
Upon motion of Mr. Love, seconded by Mr. Trask, approved the sale oF Lot 3 in IIlock 2, Mercer Place, Wilmington ?at__
Township, to Hartford E. Boykin a nd wife Elznice N. Boykin for $260.00, subject to the approval of the City, and
the Chaisman and the Clerk of the Board were authorized and directed to P,xecute the deeds in the name of the
County conveying the above property as aforesaid upon payment of the purdiase price.
Upon motion of Mr. Love, second xl by Mr. Trask, Nr. George T. Swain was appointed to serve as Tttx Lister, on
recommendation of the Tax Supervisor.
Upon notion of Nir. Davis, seconded by Ns. Trask, the Board agreed to grant the CarolYna Power and Light Company
an easement over the County's land on the IIlue Clay Road, Cape Fear Township, 45 feet wide and approximately
3,650 feet long, bounded by the lands o£ H. Win£ield Smith on the north, A. D. Cox, Jr., on the south and the
At7.antic Coast Line Railroad on the west, to enable them to eytend their 110 KV Transmission line, for and in ?
consideration of the payment of $730.00 for the rights-o£-wa;/ to be granted in accordance with a antract to be
drawn by the County Attorney reserving to the County the right of is!gress and egress over tYie said right-of-way
to'and from other adjoining lands of the County f'or all drainage and other necessary purposes of the County in-
cluGing the privilege to plant..crops and otherwise till the soil for the production of crops on the proposed
right-of-way. ' `
J
7 .-
? N,eeting of December 3, 1953 - Continued -
_?
? The Chairman reported progress en the roa3ways thru Hugh Mac9ae Park? and also the installation of sixty-inch
concrete pipe back of the Winter Park Baptist Church.
The Chairman took this opportunity to er.tend greetings to our County Attorney, Mr. N,arsden Bellamy, on the oc-
casion of his Seventy-fifth Birthday, tomorx•ow, December 4. 1953.
Upon motion of Mr. Davis, seconded by 11r. 0'Shields, the Board'authorized the payment of W750,00 out of the
advertisement fund to the SENCBA, iahich in its opinion, will be to the County's interest for advertising its
advantage3 and resources,
Mr, R. A. Sheta was present to personally suggest that the Commissiotiers, in dealing with the Navy, bear in
,mind the safety of our citizens and the inmates of James Walker Memorial Hospital, in connection with jet plane
??„/operal;ions at Bluethenthal Field, should the Navy taice over. Would rather theJ take the Airport under the
^ R???? right oi eminent domain thereby reIlieming the County of that liability.
Nir. Hugh Morton appeared to thank the Commissioners ior the manner in which tlie Navy-Airport matter has been
J handled and hav=ng given opportunity for public opinion. Speaking of bad accidents by jetst he said accord-
ing to the Law of Averages, some will crack-up somewhere, and it sould be away out of town. As to real es-
(i,> tate transactions, he said it would make it tough to secure a loan under the GI Bill of Rights i£ an Airport
?--VJet Operation is located t•rithin two (2) miles thereof, and would therefore hurt the real estate business and
bring no blessings.
The Chairman asked if anyone else would 1?ke to make any conments. Mr. R. B. Page, Jr., Chairman o£ the Cham-
ber of Commerce Aviation Committee said.."You lmow what we think about it if the;/ get their foot in the door,
they will kick us aboutsas to civil.ian aviztion; we don't care to have them come in as they want to".
The ChAirman called upon Messrs. Carter and Bellamy, Attorneys to read andexp3a5n the re-written Use-Agroe-
? ment between the County and Navy, and each paragraph was read and discussed at,length wi.th Mr. E. E. Beaty,
Real Estate Manager, Sixth Iiaval Bsse, Charleston, S. C. Mr. Carter said the Use-Agreement redrafted by he
a_nd Mr. Bellamy, as amended, gives some protection to County use for Civilian Aviation, stating that in their
--? opinion, it is the best agreement which can be written, but di3 not provide complete protection £or Civil
Aviation.
Af'ter lergthy discussion of the proposed amended agreement between the IJavy ond the County for the joint use
of Bluethenthal Airport, Mr. Trask stated that in his opinion the agreement zs re-written by the Coun.?y Attor-
e ney in a ccordance with the amendments suggested by this Board, is to the best interest of the County, rather
than have the Navy resort to condemnation proceedings to acquire the field; and moved that the amended agree-
ment as re-written and submitted, be apnroved and £orwarded to the Navy Department for its approval and exe-
cution, and that the same then be returned to this Board for execu.tion. The motion was seconded by if,r.
Horton, but faile3 on the negative vote of Commissioners Davis, Love and 0'Shields.
The meeting then adjourned.
- -4..Clerk.
? Wilmington, N. C., December 7, 1953.
The regular week?y 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, Marsden Hellamy, County Attorney, and T. D. Love, County Auditor.
The meeting was opened with prayer by the Reverend S. M. Houck, Pastor of Bethany Presbyterian Church.
Copies of the minutes of ineeting of November 30, 1953, having been previously mailed to each member o£ the
Board, the same were upon motion of Nir. Trask, approve3.
? The Chairman told the Board that Messrs. Jones and Henness of New Bern who submitted the low bid o£ $2,991,00
? for repairs to the Court House roo£s and towers as advertised, would be here this weekto look into the build-
ing of scaffold. Thereupon Nr. Trask moved an3 it was seconded by Mr. Love and carried, to award them the
contract for repairs to the old and new Court House buildings and towers for the bid price of ;;2,991.00 in
accordance with their bid of Novemoer 5, 1953; PROVIDED they will put up a net to protect pedestrians from
possible injury from falling materials and debris. Payment of bid price to be made upon completion of the
iaork satisfactory to the County Commissioners.
The Board then proceeded to re-organizo.tion.
9 motion offered by Mr. 0'Shields, seconded by 14r. Love, to adopt a Managerial form of Government for New Han-
'? C? over County, failed on the negative vote of Commissioners Davis, Trask and the Chairman.
Mr. Dsvis said we should look into the County Manager form of government in this State, if that is the idea,
C? he had an open mind on it, but wanted to lmow how it was working in other counties in North Carolina; not in
Virginia and California, but in North Carol9.na. Mr. Trask said in e££ect, he did not s ee the advantage of em-
? ploying a Manager at extra expense to the Tax-payers when it can be handled satisfactory and more economically
by the Chairman in connection with his other duties.
? Mr. Davis moved that Ilir. Horton be re-elected'Chairman of the Board and Mr. 0'Shields, Vice-Chairman. The
motion was seconded by Mr. Trask.
?t?Mr. O'Shields nominated Mr. Davis for Chairman and Mr. Trask for Vice=Chairman, stating he didn't want ttie ap-
C? ? pointment of Vice-C:?airman. It was seconded by iMr. Love.
Mr. Davis nominated Mr. T. D. Love, the County Auditor, for Tax Supervisor, It was seconded by Mr. Trask.
?4 $ vote was taken on Mr. O'Shields' motion to elect Mr. Davis, Chairman'of the IIoard and Yx. Trask, Vice-Chair-
man. Mr. O'Shields and Nir. Love voted "Yes", and Nr. Davis and Mr. Trask voted "No". A tie was declared,
and the Chairman voted "Ato", and the motion failed to carry.
Mr. Love then offered a substitute motion to start over again, and vote on each o£fice individually, it vras
seconded by Mr. O'Shields and adopted.
G?Mr. OtShields re-submitted his motion to elect Mr. Davis, Chairman, was seconded by N?r. Love, but failed on
? the negative vote of Commissioners Davis, Trask an3 the Chairman.
The motion made by Nir. Davis to Y'e-elect Mr. Hortnn, Chairman of the Board was seconded by Mr. Trask, a vote
Yt}' was taken and Commissioners Davis and Trask voted £or the motion, and Commissioners O'Shields and Love voted
against the motion. A tie was declared and the Chairman voted "Yes", and the motion was carried, and Mr.
Horton was re-elected Chairman of the Board for a term of one year ending the first Monday in DecemUer 1954.
Upon motion of Nr. Davis, seconded by Nu-. Trask, Mr. Claud O'Shields was re-elected Vice-Chairman of the Board
?on the affiriaative vote of Commissioners Davis, Love, Trask and the Chairman. Mr. O'Shields voted "No", stat-
` ing he did not orant the o£fice o£ Vice-Chairman.
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