1954-06-21 Regular Meeting.?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
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?-524
T7eeting oP June 21, 1954, continued.
.
Third: That Licensee shall, rzt Licensee's expense, 3ig said canal, ir.cluding the excavation for said pipe,
and shall install said pipe and do the necessary backfilling thereover, a4 at Licensee's expense, it being
understood and agreed that said pipe shall be placed at a depth of y feet below the base o£ rail of said
track (measurement being to the top of the pipe); that the placing o£ said pipe and back-filling shall '
be performed by Licensee in a:.anner in all respects satisfactory to and under t,he supervision of the
Licensor's Engineer Maintenance of Way or his N.epresentative. It is further undorstood and agreed that
fl.icensor sha11, at its expense, furnish the necessary labor and supervision for protecting said track during
the eaccavation for the installatmon £or said pipe. ,
Fourth: 71-ia.t Licensee shall, at its expense, niaintain said canal and keep said canal and pipe free of
obstructions and that all materiai excavated in digging and .?;aintaining said canal shall be wasted in a
manner satisfactory to said Engineer PF,aintenance o£ Way.
Fifth: That Licensee shall and does hereby assume, and agrees to indemni£y and hold harmless the Licensor,
its successor"s and assigns, against and from all loss, cost, expense, claii.is, suits and judgnents whatsoever in
connection tirith the laying, maintenance use or presence of said pipe and canal on said premises.
In Testimony Whereof the Licensor has caused these presents to be executed in its corporate name and behalf
by its officer duly authorized in ite bohalf, and the Licensee has likewise caused these presants to be eaecuted
in its corporate name and Uehalf by the Chair.-aan of the Boar3 of County Commissioners, to be attested under its
corporete seal by its Clerk, under and Uy lfirtue of a resolution passed and adopted at a meeting of said IIoard
o£ County Cor.vnissioners on the 21st, day of Sune, 1954, a certified copy of which resolution is hereto attached
and rla.de a part hereof, these presents being executed in duplicate.
Witness for I3censor:
ATLAP;TIC COAST LIIdE NAILROAD CONli'A1dY
B? . . (SEAL)
i•fitness for Licensee:
NL1d HAIdOVEtt COUIdT'Y, NORTH CAROLIIQA
BY
Chairinan,Hoard of Ccunty Co^.missioners.
Attest:
Clerk.
It is hereby ordered by the Board o£ County Commissioners of New iianover County, North Carolina, that•the
form o£ agreement between tkie said Cour.ty and the Atlantic Coast Line Railroad Conpa.ny, dated April 26, 1954,
by the provisions of which the said Railread Company grants to the said County the right of license to extend
and maintain a 3rainage canal across the right of way of the ldew 3ern Branch of said Rai7road Company at a point
near Wilmington, P;orth Carolina, 264 southwestorardly £rom mile post CB-251, and by.which agreement the said
Railroad ComparV agrees to furnish and install a 24-inch cast iron pipe under the track at said 'point; all as
particularly describe3 in said agreement, be and the same is hereby approved.
Further that the Chair,:.an and the Clerk o£ said Board of County Co,,missioners are herebg authorized
and directed to execute said agreement in the name and on behalf of said County.
Reports for the month of May were received £rom the £ollowing:
? Cb??.,_
- N Wilmington Public Libra'rv and Bookmobile circulation; Consolidated Board of Aealth; Air?port Receipts
June 11, 17, and 18,; and Halance sheet prepared from the books of Corrmunity Hopital as of D;ay 31,1954,
tirithout audit, and the same orderen file3.
` County Droinage Report for week ending June 12,1954, ??'as received and filed: •
"? June 7, llmen and two guords- Dragline taork
S,and 9, ' 9 men ft ,t 21 ,t it
91 9 men and two guards 300 yards ditched and shrubbed pond at Wrightsville.
10, 11, and 12, 8 men and two guards digging potatoes at County I'arm.
John C. Wessell 1?xberculosis Sanatori?m Census report for wee]c ending june 18th:
f5""
White patients 11
Negro " 15
26
tdon-residents 1
Vacant beds 6 lFemale white 3. I,ale white 2, Female colored 1.
Discharged: 1- Aaron Canty, 6/1/54. Adrutted: none.
A copy of a letter Umitten by Dr. R.B.Rodran to I'rances Holliday, T.B.Hospital, advising they have a bed.for her
at hlcCain, and she will, therefore, be discharged £rom our T.B.Hospital,at be admitted to IfcCai.n on June 21,1954•
A score sheet of contestants in the 15th armual PI,C.Truck Roadeo sponsorea by the N.C.I+iotor Carriers Association,
` ?,(} .7une 1-5, 1954, at Bi_uethenthal Field, and thanks from Roadeo Director M. Broadus Glover, Director of the Alotor
--0.\'2e °"- Fleet Transportation Division of the N.C.Utilities Coumission, to the Judges participating in the Raadeo; wa.s
received and filed.
An audit of the County Officers and records,prepared by N,r. 'gilliazn C. t3ar£ield, CPA for the £iscal year
ending June 30, 1953, was received, and the same taY,en under study for discussion ot a future meeting.
1???31 Surety bon3 £or h'r. J.L.King, as a Justice of the Peace, in the amount of $1,000.00 withthe American IIonding
Company of Daltiieore as surety. The said amount having been fixed by law.and the IIond approved by the County
attorney, was upon motion o£ t-1r. Trask, seconded by Mr. Davis, accepted Uy the Board.
?b,ud5 upon motion o£ Pir. Trask, seconde3 by I•fr. Davis, County bi11s fio. 3866 to 4034 were approved for payment.
The meeting then adjourned.
p-l?-. il. X4- 0 Clerk.
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