1968-07-01 Regular Meeting~ 2 ~.0
SPECTAL MEETTNG
June 28, 1968 2:00 P.M.
ASSENBLY
The Board of County Commissioners reconvened the recessed meeting of June 27, 1968 on the
above date and time. The following we re present: Chairman Dr. Joseph W. Hooper, Commissioners
J. M. Hall, Jr., M. H. Vaughan, and Jo hn Van B. Me tts, Jr.
The purpose of the meeting was t o open bids for the court house renovation. Nr. John
Oxenfeld, Architect, was present and the followin g bids were o pened:
General Contractors B id Bond Base Bid Alternate #G-1
Niller Building Corp. $ 5% $76,000.00 -$1,000.00
Reagan Const. Co. 5% 87,770.00 - 2,!}00.00
L. T, Rogers, Inc. C% 69,779.00 - 779.00
W. A. Simon Const. Co. ~% 71,301}.00 - 2,100.00
Smith Const. Co. 5% 71},139.00 = 8,052•00
Electrical Contractors
A. B. Blake Elec. Co. 5% 6,377.00 +$4,577.00
Conrad T~Iechanical Cont. 5% 5,330.00 + 2,Ei00.00
Graves Electric Co. 5~ 5,907.00 + 4,075.00
Hodges Electric Co. 5% 6,490.00 + 4,990.00
Miller Building Corp. 5% 6,957•00 + 4,502.00
P. T. Turner Elec. Co. 5% 6,377.00 + 2,71}0.00
Only one bid was received for the Plumbing an d only one b id received for the Heating and
Air Conditioning. Mr. Oxenfeld will re-advertise for bids for this work.
Awarding of the contracts was not done at thi s meeting. Mr. Oxenfeld will st udy bids
and advise later.
RECESS -
Neeting was recessed until July 1, 1968 at 8 :30 A.~. when regular meeting of the Board
will be held.
Hazel Savage
Minutes of the Meeting - July 1, 1968
ASSEMBLY
The regular semi-monthly meeting of the New Hanover County Board of Commissioners was
held on the above date at 8:30 A.~, in the Commissioners~ Room with the following members
present: Vice-Chairman Lavrence 0. Bowden, Commissioners J. M. Hall, ,Ir., M. H. Vaughan,
John Van B. Metts, Jr.; County Attorney James C. Fox; and County Auditor Perry Shepard.
INVOCATION -
In the absence of the Chairman, after calling the meeting to order the Vice-Chairman,
Laurence O. Bowden, asked Rev. J. Ray Butler, Pastor, Ebenezer Baptist Church, to give the in-
vocation.
Chairman Dr. Joseph ld. Hooper joined the meeting at this time.
APPROVAL OF MINUTES, LAST REGULAR MEETING
For the minutes of June 1~, 1968 there were no corrections and Nr. Metts moved, seconded
by Mr. Hall, that they be approved as written. Motion carried.
APPROVAL OF h9INUTES, SPECIAL MEETING JUNE 14, 1968 -
For the minutes of special meeting held on June 14, 1968 there were no corrections and
Dr. Hooper moved, seconded by Mr. Bowden, that they be approved as written. Motion carried.
A,B.C. PERNIT REQUESTS -
The following A.B.C. Permit Requests were received: Price~s Hi-Tane & Groc., Rt. 1,
Box 43L~A, Wilmington; Seven Seas Restaurant, K Ave. 8 Second St., Kure Beach; Nlullins Live
Bait & Tackle, 5~ Miles N. Highway 117A; and Flowers Grocery and Produce, 2806 Carolina Beach
Road. Mr. Vaughan moved, seconded by Nr. Hall, that these requests be forwarded to the
Sheriff~s Department for their investigation. Motion carried.
REPORTS
All reports either due by or through the County Commissioners had been submitted at this
time.
ROAD PETITIONS, BROOKFIELD SUBDIVISION, CASTLEWOOD DRIVE, AND HYACINTH DRIVE -
Road petitions from property owners in Brookfield Subdivision, Castlewood Drive, and
Hyacinth Drive were presented to the Commissioners. Mr. Vaughan moved, seconded by ~r. Hall,
that the standard resolutions be adopted and the road petitions referred to the 5tate High-
way Commission for their consideration. Motion carried.
COUNTY ATTORNEY -
The position of a full time County Attorney was discussed. 1/r. Vaughan voiced his
approval if legal services for New Hanover Memorial Hospitai and the School Board can be com-
bined and a full time County Attorney will serve all. ~r, Metts suggested that the Board ascertain
,
~ 2g1
Minutes of the Meeting - July 1, 1968 (Continued)
COUNTY ATTORNEY (CONTINUED) - ~
if it can get definite commitments from these agencies in order to be able to determine
what the exact cost of a full time Attorney would be to the County. Dr. Hooper said he would
like to budget for a full time County Attorney in the current year for six months in order
to have time to decide, and he believes the figures suggested by Nr. Ligon and Nr. Fox of
$15,000 for a full time County Attorney and $5,000 for a legal secretary annually wovld be
in order. Mr. Vaughan moved, seconded by Mr. Bowden, that the chairman write a letter to
the School Board and New Hanover Memorial Hospital to ascertain if they would like to be
included and then proceed. Also, $10,000 be budgeted in the 1968-69 budget for one-half
year. Notion carried.
HOWARD LOUGHLIN, MAP, MAPLE WOODS, SECTION 2-
Nr. Howard Loughlin appeared with a map of Maple Woods, Section 2. He said he knew a
road would have to be changed, but he wanted to get the Commissioners approval. Mr. Vavghan
moved, seconded by Mr. Bowden, that the Chairman be authorized to sign the map after the
correction is made. Notion carried.
CAPE FEAR RIVER ABOVE WILMINGTON
Chairman Dr. Joseph Hooper reported on the meeting which he and A7r. Metts attended in
the District Engineers Office Friday, June 28, 1968. Dr, Hooper had been authorized previously
by the Board of Commissioners to attend this meeting and use his best judgment in voting for
the County~s commitment to this cause. Dr. Hooper advised the Board that the amount to
be appropriated by June 30, i969 Would be $5,0I~.6 and divided three ways, each County would
pay approximately $1,700. Bladen County does not have any funds, and it is dovbtful that
Columbus County will be able to participate. If Columbus County does come in, each County's
share will be $1,200, but not more than $1,700 will have to be included in New Hanover
County's 1968-69 budget.
Mr. Vaughan said he did not think New Hanover County should participate unless Columbus
County does. He pointed out that Allied Chemical Company will benefit greatly from the
project and is in Columbus County. Dr. Hooper reminded P7r. Vaughan that an agreement had
been made. Also, International Paper Company was contributing $4,000 and Riegel $1,000.
Nr. Netts moved; seconded by Nr. Hall, that the Commissioners back up the Chairman in
his commitment of the County of $1,700 in support o#' this project.
Mr. Vaughan made a substitute motion that Columbus County and Allied Chemical Company
be contacted to ascertain if they have contributed, and if not, our contribution not be made.
Motion died for lack of a second.
Vote was cailed on original motion and it carried.
RENOVATION OF NURSING HOME -
RENOVATION OF COURTHOUSE -
Mr. Fox advised the Commissioners that no action had been tzken in obtaining funds for
renovatiori-of th~ nUrsing:home. Mr. Bowden asked if the County could get bonds to cover both
the courthouse and nursing home renovation. Nr. Fox said bonds in the amount of $I~00,000
could be obtained. Dr. Hooper expressed the opinion that renovation of the courthouse could
be tied in. Mr. Metts suggested getting figures together and getting the County Attorney to
check into situation. Dr. Hooper expressed the opinion that he thought this was long range
planning and should not be what County needs in the next six to eight months, and he was in-
clined to proceed with all three projects and he felt it could be done cheaper now than by
piecemeal. Mr. Vaughan said he goes along with getting building next door and moving Welfare
Department there. The City has been contacted relative to the use of 4Joodrow Wilson Building
by Mr. Metts. The City advised it is presently occupied.
Dr. Hooper moved, seconded by Mr. Hall, that New Hanover County get on with this and the
County Attorney be requested to issue bonds in the amount permitted by the retirement of bonds
last year to finance the renovation of the courthouse based on bids received last Friday and
authorize Mr. Oxenfeld to go ahead and comply with the safety features outlined in the State
Fire Insurance Department~s requests. The renovation of James i~Jalker Nurses~ Home is also
to be included. The S&H Green Stamp Building on Third Street is also to be purchased from
the proceeds. Motion carried. Mr. Vaughan voted "NO".
MRS. JACK YARBORO AND DELEGATION PROTESTING $150,000 APPROPRIATION TO SCHOOL BOARD -
Mrs. Jack Yarboro and a rather large delegation appeared in protest of the $150,000,
which the Commissioners had appropriated last week, to the Schooi Board in an effort to meet
the demands of the Department of Health, Education and 6Jelfare. Nrs. Yarboro requested that
the Commissioners rescind their action because they felt like this ~aouid help perpetuate
Federal Control of Schools. Mrs. Yarboro spoke at length for the group and said they had
voted for the bond issue to build more schools, and she did not think it was fair to transfer
young children from Tileston School clear across tovm and not even furnish bus service. She
said bJashington takes tax money and we have no way of saying what to do with it. Now, the
County Commissioners are doing the same thino.
Dr. Hooper thanked Mrs. Yarboro and told her it was one of the best presentations ever
made before the Board and he personally was in ageement with her. He toid the group the
County Commissioners were told Thursday night that HEW was not satisfied and probably the
School Board would be carried into Court. He also told Mrs. Yarboro that the Board of
CommisSioners did not.approve the appropriation of $150,000 to the School Board unanimously;
three voted for and two aoainst.
Nr. Vaughan commented the Board was asked to go into closed session U~ith the School
Board, and the plight of the younger children at Tileston was not fully brought out. He
said no federal court in the land has ever ordered anyone to bus children.
Mr. Vaughan moved, seconded by Dr. Hooper, that the $150,000 that 4~as appropriated
last week be withdravm from the School Board.
Dr. Hooper advised the delegation that the funds appropriated tidere specified to be
spent at the Hoggard complex. He also pointed out that the Bond Issue provided for $770,000
to be spent at Hoggard. Also, that back in February the Board of Education were advised
~ that HEW was going to make a study of the New Hanover County Schools.
~
' 2 ~.z '
Ninutes of the Neetino - July 1, 1968 (Continu~d)
MRS. JACK YARBORO AND DELEGATION PROTESTING $150,000 APPROPRIATION TO SCHOOL BOARD (CONTINUED) -
Mr. Hall told the deleoation that the Hoggard High School was filled to capacity and the
appropriation was made in order to enlarae it. He said appropriating this money was bvying
some time for the County before any Federal action is put in motion. He said closing Williston
High School was necessary to correct a bad situation. He pointed out there were 2800 school
children in one block consisting of Williston High School, Williston Junior High and Gregory.
Mr. Hall said if the HEI~J guide lines were refused and the Federal money was lost, the County
still has to obey the law of the land. He said the Federal Courts are independent of HEW and
have demanded total integration regardless of whether or not the County refuses federal aid.
Mrs. Yarboro asked whether the law is made by Congress or by the Supreme Court. County
Attorney Fox said the Supreme Court made the ruling striking down freedom of choice plans when
they do not achieve a single integrated unitary school system. He said the Supreme Court
merely interprets laws set forth in the Constitution.
Mrs. Yarboro pointed out that in the recent budoetary sessions in the House of Repre-
sentatives an appropriation bill was passed with a riderrequirino the appropriation be made
only on the basis freedom of choice is used. She said this would be a law by the Congress.
Mr. Hall said this had not passed in the Senate yet.
Mr. Netts said he understood the Federal Court suit would be coming up within thirty days
and if the County did not turn up some plan of integration, the Federal Judge may well draw
zoning lines.
Mrs. Yarboro asked, if the Court's decision goes against the County, could the County
appeal. County Attorney Fox said an appeal could be made, but while appeal is periding the
Judge could still demand compliance with the ruling.
A7rs. Gerald Bowman expressed the opinion that the money should not have been appropriated
since no formal communication had been received that the HE1~J would go along with these plans.
She questioned the legality of the Commissioners appropriating money on anticipation.
Mr. Bowden said he was one of the three that voted for the appropriation. He said the
entire law had to be obeyed, not just the part a person likes. Mr. Bowden said despite any
objections to school costs the responsibility of the School Board remains to provide the.best
schools possible for the children of New Hanover County. He•said he reaffirms his faith in
the School Board because they must pay same taxes as everyone else.
Mr. Peyton Pitts called for resistance of the ruling.
Mr. Homer Davis said the County should get one step ahead of HEW and provide the best
schools in the state.
Vote was called on Mr. Vaughan's motion in which he moved that the $150,000 previously
appropriated to the Board of Education be withdrawn. Mr. Vaughan and Chairman Dr. Hooper
voted for the motion. Commissioners Bowden, Hall, and Metts voted against motion. Motion
failed.
MENTAL HEALTH REQUEST -
Letter was presented to the Board from Nr. Homer N. Davis, Vice-Chairman, Executive Board
of Mental Health, requestine that Dr. Rolf Fisscher be empioyed for an additional afternoon
each week during the month of July in order to catch up on the baclt log of patients existing
at the present time. Nm. Metts moved, seconded by Mr. Bowden, if this could be done and
stay within the budget, the request be granted. Notion carried.
MENTAL HEALTH REQUEST -
Vice-Chairman Homer N. Davis also requested, in the same letter above referred to, that
a replacement for the Nental Health Advisory Board be made due to resignation of Mr. Hardie
Ferguson. By common consent this will be on Agenda for next meeting and discussed then.
BOARD OF ELECTIONS BILL -
County Auditor Perry Shepard presented bill from the Board of Elections. After a discussion,
Dr. Hooper moved, seconded.by Mr. Hall, that no more bills be paid Board of Elections until
Board of Commissioners confer with them at a budget session coming up very soon.
MEDICAL BILLS, JAIL INMATES -
Dr. Nooper advised the Board that he had conferred with Judge Winfield Smith relative to
collecting charges from prisoners brought into his court for medical attention, and that Judge
Smith is goina to advise him later what he can do.
AUDITOR~S REQUEST FOR TRANSFERS -
County Auditor Shepard requested the following transfers:
Sheriff:
From - Sch. Crossing Guards Sal. $ 1}0.08
To - Telephone $ 1}0.08
From - Dues & Sub. 20.00
To - Prison Box Attendant 20.00
From - Crossing Guards Sal. 20.18
To - Prison Box Attendant 20.18
From - Pistol Ranoe 72.00
To - Prison Box Attendant 72.00
Elec. Insp.:
From - Travel 5•93
To - Telephone 5•93
Rec. Ct.:
From - Capital Outlay 40.00
To - S. 8 S. l~0.00
From - R. 8 ME 22.00
To - S. 8 S. 22.00
Men. Health: ~
From - Contingency 2.30
To - Noise Control 2.30
From - Contingency 51.68
~ To - Electricity 5i.68
` 2.~ 3 `
Minutes of the~Meetina - July 1, 1968 (Continued)
AUDITOR~S REQUEST FOR TRANSFERS (CONTINUED) -
Auditor
From - R. & ME $ 11.12
To - Telephone
CSC:
From - Capital Cutlay 3.76
To - Telephone
Comm.:
From - Personnel Study 39.12
To - Budget Expense
From - Personnel Study 1!}.50
To - R . 8 ME
From - Personnel Study 3~.99
To - Telephone
From - Personnel Study 103.14
To - S. & S.
Co..Aid:
From - Public Audit 180.17
To - Nat'1 Rivers & Harbors
Co. DrGinage:
From - Ciothing & Boots 26.73
To - R. & ME
Co. Farm:
From - Lights 8 Power 1.50
To - Travel
Elec. Insp.:
From - Travel 62.72
To - Auto Allow
Sup. Ct.:
From - Evidence .61
To - Telephone
Tax. Coll.
From - Bonds 103.i9
To - Refund Taxes
T/L:
From - City Co. Tax Listing Sal. 1.91•
To - Telephone
A&E:
From - Travei 11.04
To - Telephone
YJe2fare :
From - 5. 8 S. 28.68
To - Aid to Blind
Sup. Ct.:
From - Evidence 820.15
To - Jury Fees
Rec. Ct.:
From - MacRae Park Lights 5.28
To - Recorder~s Telephone
Reg. Deeds:
From - Dues 8 Sub. 5.00
To - Telephone
From - Documentary Stamps 260.00
To - Record Bookd
From - Tax Machine 20.00
To - Record Books
Jail:
From - Co. Farm Lights 3•75
To - Jail Bedding & Linen
From - Co. Farm Lights 55•13
To - Jail Reps. to Bldo.
From - Co. Farm Lights 10.00
To - Jail Telephone
Elections:
From - Elec. Personal Service 180.00
Precinct Personal Service 111}.00
Travel 135•45
Rent 150.00
Wiring 47.67
Second Primary i12.33
From - General Emergency 547•49
To - Permanent Registration
1'0 - Supplies
County Aid:
From - Public Audit 33.71
To - Junior Officers Outing
x
$ 11.1.2
3.76
39.2i
14•50
38•99
io3.i4
180.17
26.73
i.5o
62.72
61
103.19
1.91
11.04
28.68
820.15
5.28
5.00
260.00
20.00
3•75
55.i3
10.00
1,165•73
121.21
33.71
~ 214
Minutes of the Meeting, July 1, 1968 (Continued)
AUDITOR~S REQUEST FOR TRtiNSFERS (CONTINUED)
Co. Farm:
From - 6eneral Emergency $376.50
To - Co. Farm Medical $ 376.50
From - General Emergency 118.20
To - Jail Nedical 11f3.20
Airport:
From - Travel 2,pp
To - Tools 8 Supplies 2.00
Mr. Vaughan moved, seconded by Mr. Metts, that these transfers be approved. Motion
carried.
AUDITOR'S REQUEST FOR TRANSFERS (CONTINUED)
County Auditor Perry Shepard presented
Comptroller, New Hanover Nemoriat Hospital,
Power 8 Light Company for services used at
of the bills is ~649.4o and Mr. Ballard sug
Memorial Hospital $367.88. These bills are
21, 1968.
letter he had received from Mr. Fred C. Ballard,
relative to ttiao outstanding bills from the Carolina
James Ylaiker Memorial Hospital. The total amount
?ested that the County pay $281.52 and New Hanover
for service from September 21, ~967 through May
Mr. Netts moved that we pay our share and in the future that the New Hanover Memorial
Hospital be billed for lights they use and the County for their share.
After a discussion, in which it was brought out that Carolina Power & Light Company cannot
split the bill, Mr. Netts withdrew his motion. Nr. Vaughan then moved, seconded by Mr. Metts,
that we pay the $281.52 recommended by Mr. Ballard from the General Emergency Fund and that
in the future the bill be prorated on number of bulbs used by the County and the number used
by New Hanover Memorial Hospital. Motion carried.
VANDALISM REWARD -
Mr. Vaughan discussed vandalism at the various schools
to $1,000 be offered for arrest and conviction of vandalism
would assume the Board of Education has vandalism insurance
time to look into the law. Mr. Vaughan withdrew his mbtion
the Agenda for the next meeting.
and sugoested a reward of $100
at schools. ~r. Metts said he
County Attorney Fox asked for
and this subject will be put on
STATE HIGHWAY COMMISSION REQUEST -
Letter was presented to the Board from ~r. Paul J. DuPre, Division Engineer, State Highway
Commission dated ,lune 28, 1968 requesting that he be furnished with a list of building permit
applications and electrical permit applications in order that they may contact the owner or
builder and assi9L them in the layout of their buildings and driveways in order that they
could get the maximum use out of their property and at the same time conform to Highway
Commission regulations regarding entrances to commercial establishments.
Mr. Hall moved, seconded by Mr. Metts, that the Building and Electrical Inspectors he
requested to furnish such a list to Mr. DuPre. Motion carried.
STATE HIGHWAY CONIl"fISSION RIGHT-OF-WAY AGREEh1ENT, HALL DRIVE -
Letter dated June 28, 1968, from Mr. Carl D. Parker, Jr., Right-of-Way Agent, State
Highway Commission, requesting that right-of-way be granted to the State Highway Commission
for future maintenance of the Airport Terminal Driveway known as Hall Drive was presented to
the Board. Ntr. Vaughan moved, seconded by Nr. Hall, that the agreement be signed by the
Chairman, subject to the approval of the County Attorney. Motion carried.
AIRPORT REQUEST -
Request was presented from Mr. John A. Westbrook, Airport Manager, to raise the water and
sei,~age rates of both the Nationai Guard and Piedmont Airlines $5.00 per month each and charge
Aeronautics, Inc. $10.00 per month for water and sewage. Mr. Hall moved; seconded by Dr.
Hooper that if Mr. 1~:estbrook feels that this is proper, then he be authorized to set rates
for this service. Motion carried.
HORSE RINK, HUGH MACRAE PARK
Question of whether to allow saddle clubs other than the Cape Fear Saddle Club to use the
horse rink at Huyh MacRae Park was again discussed. Mr. Hall expressed the opinion that the
Board could not refuse others the use of the rink, but felt that when arrangements are made,
it be brought out that the Cape Fear Saddle Club has put all the money in the rink and that
it should be left in as good shape after it is used. Mr. Vaughan moved, seconded by Mr. Bowden,
that a policy be set to schedule use of the horse rink in order to avoid conflict and that
the various clubs be advised that the rink, grounds and equipment must be left in just as
good, or better, condition after its use. Motion carried.
JOINT CITY-COUPJTY BUDGET DISCUSSION -
By common consent it was agreed that the Chairman write Mr. Brandon and request a joint
meeting for the purpose of discusSing joint budgets with the City Council after their regular
meeting on Nonday, July 8, 196n.
RECESS -
Mr. Vauohan moved, seconded by Nr. Hall, that the meeting be recessed until next budget
discussion meeting, date and time to be determined later. Motion carried.
Hazel Savage
k