1954-06-17 Special Meeting521_
Meeting of June 14, 1954, continued.
-.11
/j19'v Upon motion of Nir. 0'Shields, seconded by Mr. Davis, the Board approved the payment of $86.82 to the City
of Wi7mington for repairs to Police Car I4o.12, damaged in accident by operator of the Boolanobile Truclc in
attempting to drive betiaeen Police cars parke3 in the alley just north o: the City Hall building, April 28,1954•
Instructions were given t o have the Boolarwbile truck covered by liability insurance._
UPon motion o£ Ivir. Davis, seconded by Mr. O'Shields, payment of $10.00 surety bond premium for R.H.Williams as
a Justice of the Peace, was approved,
Upon motion o£ 14r. 0'3hields, seconded by Mr. Davis, County bills-No. 3796 to 3865 were approved for payment.
A recess was then taken iantil 10:00 o'clock A.M., Wednesday, June 16,, 1954, to meet with Representatives of the
Navy Department for a discussion of the Joint use of Bluethenthal Field,
lTjs.. ..?e. r? _ ^ Clerk. ,
? Wi]mington, N,C., June 16, 1954.
Pursuant to recess taken June 14, 1954, the Board met this day with representatives of the Idavy Department to
further discuss the joint use of 131uethenthal Field.
Countar Commissioners present: R.T.Horton, Chairman and Commissioners Claud 0'Shields, Thurston C. Davis, and
County'Attorney Cicero P. Yow. -
Representatives of the Navy present: h7r. Cecil Smitki, Civilian Attorney for the Navy Department's Bureau of
Yards and Docks, Washington, D. C. Col. Fdward W. Johnston, Cherry Poi.nt,N.C., Mr. E. E. Beaty, N,anager Real
- Estate Branch) 6th Naval Base, Charleston,S,C. Mr. J.O,Frye, Public Worlcs Officer, Marine Corps, Cherry Point
and Ehsigr J,C.Gilfillan, Resident Of£icer in Charge of Construction.
The Chairman called the meeting to order and stated that inasmuch as the subject matter has been previously
•,,,.-v???lko)discussed with the Public on several occasi.ons, further discussion will be limi.ted to the County Commissioners
and the Navy Representatives.
. `Zy1?ir, Ceci.l.Smith outlined a proposed agreement betxeen the County and the Navy for the joint use of the rurnrays
•? ?..p?e0 and landing areas of Bluethenthal Field, which appeared to meet with the approval of the County Commissioners,
and after some 3iscussion, Mr. Davis moved and it was seconded by Nir. 0'Shields and carried, that the County and
Government Attorneys prepare a contract along the lines iniicated by Mr. Smith for sutaaission to the joint
meeting for consideration at 10:00 o'clock Thursday morning, June 27, 1954, to which time a recess was taken.
Wilmington,IV,C., June 17, 1954.
Pursuant to recess taken June I6th 1954, the County Corrmissioners and Representatives of the Navy met in joint
session at 10:00 o'clock A.M.
County Commissioners'present: R,T.Horton, Chairman and Commissioners Claud 0'Shields, Thurston C. Davis,
Raiford Tkask and Cicero P. Yow, County Attorney.
' Navy Representatives gresent: Mr. Cecil Smith and Air. E. E. Beaty.
"-DA1 I?A notice of termination of contract NOy(U)-77346 effective date as of June 30, 1954, covering utility service
to the Marine Corps Auxiliary Ianding Strip was received from the Navy Department and held in abeyance pending
satisfactory adjustment o£ open ditch conditions and matters pertaining to the completion of runway and taxi-
strips lights, trees that obstruct the view from control tower to the end of the new extension of runway and
taxistrips etc.
D'CUpon motion of Mr. OtShields, secor.ded by Mr. Davis, the maximwn amount of the Governments obl.igation for its
proportionate share of the cost in the upkeep, maintenance and operation of the landing areas, under the pro-
posed agreement for the joint use of Bluethenthal Field, was approved by the Board at $10,000.00 for the first
year, on a trial basis subject to renegotiation.
Mr. Trask raised the question if aircraft from Beaufort, S,C., using the field would be a.propor charge against
the Navy vnder the contract, waa advise3 by A9r. Smith that all aircra£t directed to Bluethenthal Field by the
-Commander of the Marine Corps Air Base, Cherry Point, would be a proper charge. The matter of County Liability
for major repairs vras discussed , and Mr. Trask complainec3 of the County getting nothing out oP t.he transaction
except a lot of noise without compensation.
The following agreement between the United States of America and the County of New Hanover for the joint use of
the runways and landing areas of Bluethenthal Field , prepared by the Attorneys as directed at meeting of June 16,
was presented to the meeting by the Chairrrran of the Board and read by Mr. Beatty and discussed in deteil, after
which the same was upon motion of N,r. 0'Shields, seconded by Mr. Davis, accepted, and the Chairman and the Clerk
of the Board were authorizee and directed to execute the same in the name of the County:
A G R E E M E N T •
between
THE iJIdITED STATFS OF APiERICA
and
NEW HANOUER COUNTY, NORTH CAROLIldA
THIS NGGOTIATED AGREF.NIENT, made and entered into as of the dates set £orth below, by and between the
United States of kmerica ( hereinafter called the Government ), acting by and through the Chief, Bureau
of Yards and Docks, flepattment of the Navy, and 23ev'Hanover County, idorth Garolina ( hereina£ter called the County),
, a political suia3ivision of the State of IVorth L'arolina, acting by and through the Chairman of its Board of
County Cormissioners:
ld I T N E S S E T H WHO?EAS, the Gounty is possesse3 of a public airport knotim as Bluethenthal Field, i•lilmington, North
Carolina, all as described and delineated in fdavy Public Works Drawing No. ? attached Ycereto and made
a part hereof, ard -
WHEREAS, the Government is possessecl:of certain lands and territories adjoining and contiguous to the
said Bluethenthal Airfield, upon which the Government has caused to be constructed a runway which constitutes
a contsnuatioxi; extension and improvement to a County owned runwoy, and
I
52$2
Meeting of June 17, 1954, continued.
WHEREAS, it is the desire of the County and the Government to reach an agreement whereby the parties
hereto can make joint and concurrent use of the runways and landing areas of this airdrome as it now exists;
NOW, THEREFORE, the parties hereto, for and in consideration of the covenants hereinafter set forth do
hereby mutually agree as follows: •
1. The County hereby leases to the Government the following described premises located at the public
airport knokm as Bluethenthal Field, Neia Hanover County, North Carolina.
a, the right to use in common with others the runways, taxi.-wqys. and landing area together with
the parking areas, hereinafter called the landing area; provided, however, that'the military aircra£t using the
airport under the terms of this agreement shall be limited to aircraft operating under the control or direction
of the Commander, A7arine Corps Air Bases, Cherry Point, North Carolina. No provision hereof shall be construed
to deprive or in any manner limit the Government in the use of tliis airport under the terms and conditions of
any prior er.isting agreement between New Iianover County and the Government.
2. The Government hereby leases to the County the right to use £or civil aircraft purposes the runway
extensions, taxi-ways and landing area adjoining this airport and constructed upon Government ovmed propea-ty
all as more particularly described and delineated in the Axblic idorlcs Drawing No , attached hereto
and made a part hereof. 3. The terms of this agreement shall begin on July lst, 1954, and en3 on June 30th, 1955, This agreement
may, at the option of the Goverrunent, be renewed from year to year under'the same terms and conditions except
in the event of renegotiation of the maximum obligation of the Government as provided in paragraph four
hereinafter; provided, notice is given in writing to the County at least thirty days before this agreement or
any renewal thereof wou13 otherwise expire: provided, that no renewal hereof shall extend the life of this
agreement beyond the 30th day of June, 1979, and provided £urther that all such notices of renewal may be.
given aubject to appropriations by Congress for the ensuing term.
4. This agreenent may be terminated by the Government at any time on thirty days written notice to the
County. In which case, the Governmentfs financial obligation hereunder shall be limited to the elapse3 period
of time within the then current £iscal year. '
5. The County hereby agrees to keep and maintain the Airport in good and serviceable condition during
the terms of this agreement, or any extension thereof, and to assume in addition thereto the responsibility
Por the upkeep and maintenance of that portion o£ the landing area built and constructed upon Government owned
land. The Government shall pay to the County a proportionate share of the costs incurred in the upkeep,
maintenance and operation of the landing area which shall be commensurate with the use nade of the landing area
by military sircraft under the control of the Commander, Nlarine Corps Air Bsses, Cherry Point, North Carolina,
and shall Ue based on the ratio of militarJ aircraft to civil aircraft as calculated by the weight frequency
formula; that is, the iaeight of each an3 every aircra£t times the number of taks-offs and landings. The accepted
aircraft weights shall be the maximum gross take-offs weight for civil aircra£t as established by the Civil
Aeronautics Administration and as listed and mraintaine3 for military aircraft by the Department of the Navy,
The control tower records shall govern with respect to the number o£ talce-offs and landings. The maximum
obligation of the Government as provided hereunder shall be Ten Thousand ($10,000.00) per annum. Such
obligatien shall be due and payable after the 30th day of June of each year during the life of this agreement
upon presentation and verification of invoices. Invoices shall be gresented to tlle Naval Regional Accounts
Office in Charleston, South Carolina, via Commander, Marine Air Corps Bases, Cherry Point, North Carolina.
It is speci£ically understood and agreed by the parties hereto that no items ot debt service upon any
indebtedness of the County, even though incurred for the acquisition and construction of the Airport, and no
item for 3epreciation shAll be included in the statement of cosis of upkeep, maintenance and operation of
the Airport. It is further agree:i that no item:of deferred maintenance shall be included in the County's
statement of the costs of upkeep and maintenance of the Ai.rport unless and until the said deferred maintenance
shall have been accomplished.
Anything in the foregoing to the wntrary notwithstanding either of the parties hereto shall have the
right to3ernand renegotiation of the maximum obligation of the Government above referred to; provided, that
the part.y desiring such renegotiation shall make demand therefor in writing upon the other psrty not less
than ninety days prior to the 30th day of June in any calendar year.
6. Ar?y notice or advice to or demarid upbn.the Cbunty by the Government pursuant to any provisions of this
agreement shall be in writing and shall be addressed to the Chaix7aan of the IIoard of County Commissioners of
New Hanover County, niorth Carolina. Any notice or advice to or demand upon the Goverivnent by the County pursiujnt
to any provisions of this agreement shall be in writing and shall be addressed to the officor in charge of this
qgreement. The District Public Works Officer of the Sixth'Naval District is hereby designated as the officer in
charg? of this agree.ment.
7. No.member of or Delegate to Congress or Resident Commissioner sliall be admitted to any ahare or :.
part of this lease or to any benefit to arise therefrom. IQothing, however, herein contained shall be construed' .
to extend to any incorporated Company, if the lease be for the general benefit of such corporation or company.
8. The Lessor laarranta that it has not employed any person to solicit or secure this lease upon any
4greement £or a cormiission, percentage, brokerage or contingent fee. Breach of this warranty shall give the
Government the right to annul this lease, or, in its discretion , to deduct frora the rental the amount of such
comnission, percentage, brokerage or contingent fees. This warranty shall not apply to commissions payable by
Lessor upon contracts or leases secured or made through bona fide established comtercial or selling ngencies
employed by the Lessor for the purpose of securing business.
9. The prohibitions against gratuities in Sec. 631, "Department o£ De£ense Appropriations Act, 1952"
is incorporated ir:to this lease by this reference.
IN WITNFSS WHERMF, the parties hereto have executed this Agreeruent as of the date below indicated.
UiJITID STATES OI' AtiERICA
Date:
Date:
BY
By direction of the Chief of the
13ureau of Yards and DoCks, acting
under the direction of the
Secretary of the Navy.
nE4I HANOVER COU1dTY, NORTH CAROLINA
, By C. $irm3n, O 1 S 8S R_7?pllrit.Y ColOiflisSioner5.
.?23
Meeting of June 17, 1954, continued.
Aupon motion of t<•r. O'Shields, seconded by 14r. Davis, the Board approved a lease of the Airport iJarehouse
Building No,T-978 to the Government, containing approximately 3200 square feet, for National Defense and
other Government purposes, for a period froin June 15, 1954, to June 30, 1955, and the Chairman was authorized
and directed to execute the same in the name of the County. No further business appearing, the meeting was upon motion adjourned.
ii! >4-- ..`:!. Clerk.
?
lJilmington, N. C., June 21, 1954•
The regular weekly meeting of the Board was held this day at 10:00 o'clock A. M.
Present: H. T. Horton, Chair,man,and Go;nmissioners Claud O'Shields, Thusston C. Davis, Raiford Trask,
Cicero P. Yow, County Attorney,and T.D.Love, County Auditor.
Copies of the minutes o£.meeting of June 1¢, 1954, having previous]y been mailed to each member of the Board,
the same were upon motion of Mr. 0'Shields, seconded ?y Mr. Davis, approved.
? Messrs John Uan B. Metts,Jr., and Harry G. Latimer, Insurance Coicmittee named to check the County's Fire
??Insurance and Bond coverage, were present, and the Chairman announced that a meeting iaould be held with the
? Co,:,v,ittee following adjournment o£ the Board.
Upon n;otion of Mr. Trask, secon?ed 'W 14r. Davis, payment of P-5.00 Special Attorneys fees to Albert A. Brown,
Attorney, appointed by the Court to defend Clell S. Potter charged with Aape and Incest, June Criminal Term
Superior Court 1954, vras approved on the order of the Court.
A request of the Carolina Power and Light Comparjy for an easement rigHt of way over County land 70 feet iaide;
for the construction of a proposed 110 It.V.transmission line in that area bounded by the lauads of N.C.State
High4ay and Public Ylorks Coivnission on the west, Atlantic Coast Line Ftailroad Spur to Corbett Package Compariy
on the north, Smith's Creelc on the east and south, a distance of 1646 feet over County land, for a consideration
o f$450.00 was received. The Boar3 felt the amount of the coz;sideration tiras not sufficient as approximately
5.2 acres of land would be involved and miglit interfere with the sale of the same for industrial purposea.
The request, however, was taken under advisement ur.til the next meeting.
? A letter receieed from Michael C. Brown, Mayor of ldrightsville Beach, requesting that the Commissioners
take un3er consideration, and if possible, assume the repairs and maintenance as a County obligation, the old
walkway crossing Banks Channel from Wrightsville Beach to Harbor Island, which is outside the corporate limits
of Wrightsville Beach, and is used and enjoyed by persons from all over the County who cannot use the Ocean
Fishing Piers. Was referred to the State Highway and Public 4lorks Cormnission to make a study of the sazne
and favorable action £or its maintenance as requested.
? Mr. Louis T. Moore, Chairr:.an of the Nevr Hanover Historical Conunission appeared to cor:,plain o£ the flag at
!1 ? Fort risher "Eattle Acre" whipped-out by the winds, and no flag displayed there now, aihich was brought to
his attention by an inquiry of a visitor whose father, he said, fought there 4aith the northern forces.
Ms. Moore suggested that two small flags 2 x 3 feet sewed together would last longer. 24r. Noore was told it
was impossible to keep a flag there for more than two or three days at the tine on account of the high winds,
that replacements have been nwde on several occasions. Houever, in order to keep the puUlic infor.ned, it was
agreed on motion of bir. Trask, seconded by I"Ir. Davis, to put up a sign there stating "IT IS IMPOSSIBLE TO
iiAIIvTAIN A FLAG HERE OP] ACCOUNT OF HIGIi Cr'InDS '°. Mr. t4oore further eomplained of {;he inconvenient location of
the Musewn on the third floor of the Court House. 1-!as advise3 that matter was noia under study by the Board.
The Chairman outlined the Dog 1•7arden Law which will be put in operation by the,County July lst. He called
special Attention to the rabies control problem, the proper display of inoculation and license tags on dogs
? at all tines required under the law and the strict enforcement of the law by the Dog'4larden. Also called
?? Cattention to the County's liability for personal injury and da?r.age to property by dogs payable on a proportionate
? basis of distribution out of the dog tak £und rer.aining January lst, after the Dog ly'arden expense and all
other expenses im mmection therewith, haue been paid. N,r. 0'Shiel3s objected to the County's liability
amd raised the question of the County being er.empt £ron the operation of the law which w as discussed.
However it was the Cou??tY"Attorneys opirion that the County would be liable under the Dog Warden Iaw, and
all £unds remaining after all ea:penses and claims have been paid in accordance with the laia, be turned over
to the schools.
The following agreement between the Atlantic Coast Line Railroad Compar?y and the County concerning the
instzl7.ation and maintenance of a drainage canal across the right of iaay of the iJew Bern Branch of said
Railroad Company, was upon motion o£ i?.r. TY'ask, seconded by Mr. 0'Shileds, a pproven:
?-_ I?
THIS AGREEP"Ei'NT, N;ade ann entered into this 26th day of April, 1954, by and between the Atlantic Coast Line
Rxilroad Compary, a corporation under the laws of the State of Virginia, hereinafter £or conveninece styled
Licensor, party of the first part, and new Hanover County, of the State of 2dorth Carolina, acting by and
through its Board of,Courrty Gommissioners, hereinafter for convenience stylen Licensee, party of the second
part, Ld'lTNESSETH :
WHEREAS, the Licensee, in order to improve the drainage of certain lands adjacent to and adjoining the
right of way of Licensor's New Berh Branch near Winasto , New Hanover County, IJorth Carolina, desires to er.tend
one of its drainage canals across said right of way at a point on said New Berne Branch near 4lilmington, New
Hanover County, Plorth Carolina, 264 Southaestwardly, measured along the center line o£ the ::iain track 6f said
P;ew Bern Branch from mile post CB-251, the extension of which canal will require a 24-inch cast iron pipe culcert
36 feet long underneath said track and roadbed thereo£, the location of sai3 pipe culvert and canal on said
right of way being indicated in red on the blueprint attached hereto and iaade a part hereo£; said right o£ way
being 62.5 feet wide og each side of said center line;
IvOW THERFFORE, for and in consideration of the premises and of One Dollar by each party hereto to the other
paid, the receipt of iahich is hereby acknowledged, it is mutually covenanted and agreed as follows:
First: That Licensee shall have and is hereby granted the right aizd privilege of digging and mnintaining
said canal on said right o£ way at the location above designated.
Second: That Licensor shall, at its expense; furnish said 36 £eet of 24 inch cast iron pipe and delivex
saule on the ground at the location above 3esignated.
'A