1971-08-20 Special MeetingPIINUTES OF THE MEETIIQG - AUGUST 18, 1971 -(CONTINUED) -
APPOINTMENT OF PHYSICIAN FOR JAIL -(COIdTINUED) -
Mr. Marks questioned £requency o£ calls and Mr. Bowden stated possibly toaice a week, but
if a person is in prison forty-eight hours he must have a preliminary examination.. Also,
Mr. Harriss pointed out there are emergencies. Mr. Harriss stated the County is not without
a plan; prisoners are nooa taken to New Hanover Memorial Hospital if they become iTl. Mr.
Williams stated it does not stop here, the la~a reguires examination if they_are in the jail
far 48 hours. Mr. Williams was of the opinion the County should have an official established
method of handling and the records should so iridicate.
Mr. Hall expressed the feeling the Board should go ahead with this until something can
be worked out.
r
Mr. Harriss read from the General Statutes and stated from this section the Health
Director's only responsibility is to approve a plan. Mr. Williams stated in another section
it gives the Commissioners authority to designate the Health Director as the County Physician
and he felt this would be the first step in getting the program underway.
Mr. Fox stated designating Dr. Knox to take over would not go.far enough, the Board
must still have a plan.
Mr. Boo~den stated the plan is well undexv~ay. Pir. Bowden stated Dr. Knox introduced
the plan and Mr. Marks stated it should be in writing.
It w~s pointed out Dr. Knox does not have to do the examinations himself but is charged
with seeing they are done.
Vote was called on the motion; it carried unanimously.
OVERTIME IN THE TAX COZ,7~ECTOR' S OFFICE -
Mr. Sowden stated the Tax Collector's office is way behind and when the tax bills go
out they ~ill be more flooded with work. Mr. Grubbs advised Mr. Bowden it will be necessary
for the four employees to work overtime and payment is requested due to the £act compensatory
time cannot be allovaed at this time. F~i.nds have been allocated in the Salary Ftiinds, therefore
only approval to use these funds for payment of overtime is necessary from the Board of
Commissioners.
Mr. Hall moved, seconded by Mr. Marks, that payment for the odertime be permitted.
Motion carried unanimously.
SCHOOL BOARD RE9UEST - F'UNDS F~R SECURITY GUARDS -
Mr. Bowden presented reguest of Dr. Bellamy for funds to pay security guards at Lake
Forest School beginning October l, 19~1. They have sufficient funds until then.
Mr. Williams stated he understood the Board had informally discussed this some time
ago and had decided to terminate all of these and ask the Sheriff's Department and City Police
to pick up the slack. Mr. Williams stated that is still his feeling and suggested writing
a letter to Dr. Bellamy directing him to terminate services of the ~zards at the schools.
Mr. Bowden stated he had discussed this with the Sheriff and his department does not
have flznds for watchmen and this would be terrifically overpaying a deputy for this service.
The Sheriff is willing to deputize a watchman but the Sherif£ does not want them on the
payroll as watchmen; he thinks they should be working £or the Board of Education.
Mr. Williams pointed out that the Sheriff has stated on more than one occasion that a
guard as such, in his opinion, is not a good investment. Mr. Williams is of the opinion a
frequent patrol is the best protection.
By common consent it was agreed to ask Mr. Bowden to inform Dr. Bellamy to terminate
the services of the guards.
ADJuutuvrIENT -
There being no further business to come before the Board, Mr. Hall noved, seconded by
Mr. Williams, that the meeting adjourn. Motion carried unanimously.
Respect£ully submitted,
Haze1 Savage
Clerk to the Board
HS/pb
MIIViTTES OF SPECIAL MEETING '
AUGUST 20, 1971 I2:00 P.M.
;
ASSEMBLY. -
Special meeting of the New Hanover County Commissioners was held on the above date and
time in the Commission Building with the following present: Chairman Meares Harriss, Jr.,
Vice-Chairman Berry Williams, Commissioners J. M. Hall, Jr., H. A. Marks, John R. Oxenfeld,
County Attorney James C. Fox; County Auditor Perry Shepard; County Administrator Laurence
0. Bowden; and Hazel Savage, Clerk to the Board.
INVOCATION -
Chairman Harriss called the meeting to order and asked Mr. Aall to give the invocation.
WAIVER OF NOTICE OF HEARING -
Mr. Ha11 moved, seconded by Mr. Oxenfeld, that the formal three days notice required
for special meetings of the Commissioners be iaaived. Motion carried unanimously.
MAY z I 1974 ^
i ,~3 I
~ MINUTES OF SPECIAI, PIEETING - AUGUST 20, 1971 -(CONTINUED) -
SCHOOL BOARD APFEAI~ OF PZAN "B" ORDERED BY NDGE ALGERNON L. BUTLER -
Chairman Harriss welcomed Dr. John B. Codington, Chairman, Board of Educati.on, and
I`~ir. William Hill, Attorney for the Board of Education and asked Dr. John B. Codington,
Chairman of the Board of Education, to read the following statement from the Board of
Education:
NEWS RELEASE
BY
THE NEW HANOVER COUNTY BOARD OF EDUCATION
The New Hanover County School System has been ordered by the Federal Court
to put into e£fect a plan o£ integration designed by HEW. Your School Board has
resisted this plan in every possible way before Judge Butler because it requires
additional busing and practically eliminates neighborhood schools. We still
believe this and other similar plans are not in the best interest of education,
the children, the parents, and the public. But this plan is the law as of this
time and will be the one followed this school year which starts on August 31, 19'71.
In view o£ the recent occurrences regardin~ school desegregation cases
throughout the Co'u~try,,including the statements of the President of the United
States, the actions of the Justice Department and the recent actions of other
Federal Jud~es in these cases, the Board of Education feels that all the people
of this County are entitled to additional consideration of the Court-ordered Plan.
Because of this concern, the Board of Education is appealing the decision of
Judge Butler,to the Fourth Circuit Court of Appeals.
Althou~h the Board is appealing the case, all our citizens should realize
that the announced plan is the plan under which school will open August 31, 19'71.
The Board again calls upon all of our citizens to obey the lav~, remain calm, and
keep the children in. school. We will exert every e£fort tb provide a guality
program' in'each o£ our .3~ ~chools.
Release August 20, 19']1
Mr. Harriss advised the Board of Commissioners the appeal to the 4th Circuit Court of
Appeals will require financial backing and if carried all the way, will be an expensive maneuver:;
and it will reguire £inancin~ outside the present budget of the Board of Education. Mr. Harriss
stated the Board of Commissioners has consistently held the position that all legal avenues
should be e~lored before submitting to an ord.er that we do not believe is in the best interest
of our children and our system o£ education, and for this reason Mr. Harriss stated he concurred
in the action of the Board of Education. Mr. Harriss threw the floor open for any motions
that might be made toward implementing the financing of this appeal.
Mr. Williams stated before doing this he would like to ask the Chairman of the Board of
Education some questions. Mr. Williams stated, if his memory served him correctly, the Board of
Education in a local paper indicated that no further appeal would be made. Dr. Codington stated
this was correct. Mr.. Williams asked since the school ~,~ill have to open and possibly operate
under Plan "B" this year what ~ood purpose is to be served by appealing.
Dr. Codington stated the statement that came out in the nex~s media about two weeks ago
consisted of a statement by the Board of Education and a letter from P'ir. William Hill, the
Board's Attorney, stating the reasons why the Board £elt, at that time, an appeal was not indicated.
Since that time there have been many statements and actions by public officials, including
Federal Judges, even Supreme Court Judges, which has changed the picture dramatically. In viev~
of these actions, an appeal is indicated now.
~ «_ .
Mr. Williazns asked if it i~rere not true that the Board of Commissioners has indicated
approval in the past, and, in £act, has approved every penny requested by the School'.Board for
legal defense of the position o£ the School Board. Dr. Codington stated this is true; the
School Board has had excellent cooperation from ~he Commissioners on several occasions.
Mr. Williams asked if Dr. Codington thought this appeal will, at this time, add to the
conflasion that already e~cists or will it possibly in the final analysis be good for the school
system. Dr. Codington stated this was obvious. The Board of Education knows there is no way
to open schools under a plan other than that ~ahich the Judge, has ordered; this school year
will have to be operated under that plan.
NLr. Williams stated he was disturbed that after it had been indicated that no appeal
would be made, at the very last minute it appears that there will be one, and the Commissioners
were asked to come together to discuss it on such short notice. Mr. Williams stated he felt
the same way a lot of citizens feel; there has been a lot of double talk from our President,
throu~h his department heads, through people appointed by him and others in the Federal Govern-
ment which has created a 1ot of confusion, dissention and disturbance among our people. Mr.
Williams stated he did not want to add to this and wanted to be convinced that whatever we do
is going to be beneficial to the School System. Mr. Williams expressed his £eeling that.bussing,
as has been proposed under Plan "B", will be expensive, both in dollars and time lost, and i£
the Board of Education is convinced that further appeal by its Board vaill be good for the School
System, he was in favor of ~oing ahead with whatever appropriation is necessary to defend their
position legally.
Dr. Codin~ton repeated that events which have taken place within the last five days made
members of the Board of Education change their minds,`and he felt there would be no con£usion,
since they know what plan they have to operate under this year.
Mr. Hall asked hom much this appeal will cost the County. I°tr. Hili, did not know, but
felt the maximum would be $20,000 and felt it probably o~ould cost much less.
Mr. Hall moved, seconded by Mr. Marks, that the Board appropriate, for the furthering
of this legal action $10,000, and when that is expended, if it is necessary, the Board will
me~t; again to make the necessary appropriation to continue it. Appropriation is to come
from ,School Regular P1znd Surplus.
MINUTES OF THE MEETING - AUGUST 20. 1971 -~CONTINUED) -
SCHOOL BOARD APFEAI, OF PLAN "B" ORL~;xr~D BY JUDGE ALGERNON I,. BUTZER -~CONTINUED) -
Mr. Marks stated he felt the Board of Education should be authorized to get the most
competent legal assistance that they feel they can get wherever they can locate such assistance
and give everything it can to it.
In answer to Mr. Oxen£eld's question as to procedure to be followed Mr. Hill stated a
notice must be £iled within 30 days of entry of the order; within ten days record must be
prepared (record of last hearing); and within forty days the papers will be sent to 4th Circuit
Court of Appeals. Then it will be up to the Court of Appeals to hear it; it taill go on the
regular docket and they meet certain times and in various places during the year.
Mr. Harriss called attention to the fact that two Federal Judges in Atlanta have ruled
the exact opposite of Judge Butler under similar circumstances. Mr. Hill stated he will try
to find out the facts in these cases.
Vote was called on motion. It carried unanimously.
ADJOURNMENT -
There being no further business to come before the Board, Mr. Williams moved, seconded
by Mr. Marks, that the meeting adjourn. Motion carried unanimously.
Respectfl~lly submitted,
Hazel Sava~e
Clerk to the Board
HS/pb
MINUTES OF THE MEETING
SEPTEMBER '], 1971 °r:00 A. M.
ASSEMSLY -
The regular semi-monthly meeting of the New Hanover County Commissioners oaas held on the
above date and time in the Commission Building with the follooaing present: Vice-Chairman
Berry A. Williams, Commissioners J. M. Hall, Jr., H. A. Marks, John R. Oxenfeld; County Attorne~
James C. Fox, Mrs. Elizabeth Edens (the County Auditor being absent); County Administrator
Zaurence 0. Bowden; and Hazel Savage, Clerk to the Board.
INVOCATION -
In the absence of the Chairman, Vice-Chairman Williams called the meeting to order and
asked Rev. Ruflzs Stark, Pastor, Grace Methodist Church, to give the invocation.
UNITED FUND -
~ice-Chairman Williams introduced Mr. E,Ligene Merritt, Chairman of the United Fund Campaign.
Mr. Merritt showed film on "Zets Get Together" which is the theme of the United Ftand Campaign
this year.
Chairman Harriss joined the meeting at this time.
T'Ir. Merritt displayed a chart which showed amount each organization is reguesting this
year, totaling $410,000. Mr. Merritt stated the goal is for every man and iaoman in IQew Hanover
County who work and every firm give their fair share. PSr. Merritt stated people could ~ive
by payroll deductions each month but were unable to give in one lump sum. Mr. Merritt
requested the Commissioners endorse the United Fund this year and suggest to County employees
that they give through the payroll deduction plan.
After a brief discussion, in which it was determined voluntary payroll deductions are
legal, and hav~.ng been advised by the County Auditor it will not create a problem in his
oYfice, Mr. Marks;moved, seconded by Mr. Hall, that the Board authorize voluntary payroll
deductions in all County departments. Motion carried unanimously.
APPROVAL OF MINUTES -
Mr. Williams stated he would like £or the County Auditor to be present when the minutes
of budget meetings held on July 12 and re~ular meeting of August 16 are discussed, since
a couple of items have to do vaith the County Auditor's appropriation. Mr. Williams stated
there appears to be a discrepancy in the appropriation in the Auditor's Office based on
what was originally proposed and what was finally approved.
Mr. Williams stated he saw no objections to approving all ~he minutes tiaith the ex-
ception of July 12 budget meeting and August 16 regular meeting. Mr. Harriss askEd what
specific objections Mr. Williams had to the minutes of those two meetings. Mr. Williams
stated the Auditor's budget as originally presented did not make a request for a new position
and at no time during budget discussions when he was present, and in none of the meetings
is there any indication that a new position was requested. Mr. Williams stated the bud~et
minutes of July 12 indicated that the Auditor's budget was tentatively approved as presented.
The Commissioners turned in their budget books to have them filled in and when he, Mr.
Williams, received. his book back it showed new position, Steno I, $4,356, penciled in.
Mr. Williams quoted a paragraph from the minutes of ineeting of August 16 reading: "Chairman
Harriss stated Mr. 6hepard has a new employee in his of£ice and the County Administrator
stated this should be quite a benefit to him. Mr. Shepard stated she came hi~hly recommended
and this position was budgeted." Mr. Williams stated it appears the budget was "doctored";
it was not included in the budget discussions, and it appears the figure was arbitrarily