1962-05-14 Regular Meeting
Wilmington, N. C. May 7, 1962
RECESSED NiEETIAiG -
The regular semimonthly meeting of the New Hanover County Board of Commiss-
ioners was recessed to meet at 9:00 o'clock A. N, next Monday, May 14th 1962 for the
reason that no quorum was present. The Executive Secretary made the proclamation at
9:00 o'clock A. M. today.
W. G. Houck, Executive Secretary
Wilmington, N.C. May 14, 1962
CONVOCATION
The New Hanover County Board of Commissioners met in Special Session at 9:00
o'clock A. N. in the Commissioners's Room of the County Court House with the following
members in attendance: Chairman J. M. Hall, Jr., Commissioners Peter H. Braak, ?
Leon E. Broadhurst, Ernest R. Mayhan and John Van B. P7etts, Jr., and County Attorney
L. Bradford Tillery and County Auditor T. D. Love, Jr, i
INVOCATION - II
The Chairman called the meeting to order and asked Reverend R. Irvina Boone,
Pastor of the Central Baptist Church, to open the meeting with a prayer for wisdom and
guidance. I
NOTICE -
Pursuant to the provisions of GS 153-8, the Chairman requested the Executive
Secretary to read the written notice given each Commissioner on May 7, 1962 by mail-
calling this special meetiny for the purpose of taking action on a Resolution for the
sale of bond anticipation notes in the amount of $150,000 for the use and benefit of
New Hanover Memorial Hospitai and to serve as a regular meeting of the Board in the
place of the meeting which was recessed on May 7th, 1962 by virtue of the fact that no
quorum was present. The letter was read by the Executive Secretary, calling the Special
P:eet ing.
?APPROVAL OF MINUTES -
The minutes of the regular meeting held on April 16, 1962, having been mailed ,
to each commissioner for his reading, were approved as written upon motion of Mr. Mayhan
and seconded by Mr. Broadhurst, unanimously.
RESOLUTION
Mr. N;etts introduced a Resolution that bond anticipation notes be issued
and approved aoainst bonds approved by the people for the hospital, it was seconded by
Mr. Braak, In the discussion, Mr. Broadhurst advanced the idea that $500,000 be
authorized and that sufficient interest to carry the current needs might be realized
from investing the difference of $350,000 at 4% as compared to the anticipated rate of
not more than 2% which wouid be paid for the notes, hir. M. C. Brown, Chairman of the?
Finance Committee of the Board of Trustees for the hospital came in and explained that
the same question was considered by his committee who came to the conclusion that,while
it was not illeoal, it bordered on being unethicai in the handling of publi'c funds.
They had refrained fron recommending any speculation which is a remote possibility for
money is in demand and $1;000,000 could be invested and a profit made at present. He
sugaested that the matter be referred back to his Committee since the Board of Commiss-
ioners are willing to back them in such a proposal. The County P.ttorney cautioned
them that he would have to rule ayainst securing funds unless a definite need was sl7own
for their use. Mr. h9etts then withdrew his Resolution with: permission of Mr. IIraa}c-
who had seconded it. After the motion was rescinded, N`s. 3rown agreed to discuss the
matter further with his committee and bring b2ck their recommendation. All action was
deferred until that time. •
CAP AIn1ARD5 -
? Najdr Kenneth G. Wooten, Group Commander, Civil Air Patrol, requesi;ed that
he be allowed to present some awards of National Scope in behalf of the C.A.P. _ ,
/ifter recounting the services performed by those to receive the citations, he pre-
sented Certificates of P7erit to Mr. J. M. Hall, Jr., Chairman of the New Hanover County
Board of Commissioners, Nr. Wesley W. Knape, Chief Control Tower Operator at Bluethen-
thal Fieid and Vir. John A. Westbrook, V'anager, New Hanover County Airport. Rir. M,etts
observed that he thought it was a good thino for the presentation to be made at a Board
meetino. He thanked the C.A.P. for a job well done. Each man who received an award
4ras grateful and thanked N?ajor 1r7ooten for it.
/BEER PERMITS -
Tlle following applications for Beer Permits were reviewed by the Board and
upon motion of Mr. Braak, seconded by Mr. Mayhan, they were unanimously approved and
ordered sent to the Sheriff for his consideration and investigation:
Sam H. Biake T/A
J. H. Burton T/A
E. M. Ellis T/A
TArs. Nellie Gaylor Sellers
R. Martin Sessoms T/A
Cliff Smith Jr. T/A
Carolina Beach Fishing Pier, Inc.
Burbon Grocery
Riverboat
T/A Sellers Fish Market
Seach Comber Grocery
The Nermaid
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Minutes of the Meeting May, 14, 1962 Continued _
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ROADS -
Petitions were reviewed for addition to the State Naintained Secondary Road ?
j System as follows:
Bermuda Drive in the SedoeField Subdivision in Cape Fear Township.; Hillsdale
Avenne'in?,the Hillsdale Subdivision in Harnett Township and for improvement and
paving Secondary Road NC 1334 for .3 mile.
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Upon motion of Mr. Broadhurst, seconded by Mr. Nayhan, the Board unanimously approved
them and ordered them referred to the State Highway Commission for their consideration.
WELFARE QUARTERS -
Mr. Herbert P. McKim, representing Ballard, NcKim and Sai,yer, AIA, presented
the tabulation of bids receivecl for the renovation of the Isaac Bear Building for the
Welfare Department Quarters.
Name of Contractor
Bid Bond Base Bid Alt. #1 Alt. # 2
Generals:
W. A. Simon, Inc. 5% $12,000.00 - 1.400.00 + 3,000.00
Moore-Fonvielle C.C.700.00 11,300.00 - 2,530.00 + 2,128.00
Reagan Constructio n Co. 5% 8,350,00 - 600.00 + 1,800.00
Luther T. Rogers, Inc, . 5% 12,350.00 - 2,?.50.00 ? 3,161.00
Greoory Murray B.B.800.00 13,400.00 - 2,1?:00.00 + 2,090.00
Simon Construction Co. 5% 12,637.00 - 1,251.30 + 3,429.74
Plumbing: t g
4?dea11Pl %
umb?ing Co§! 7 '
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Recap of Bids for renovation of Isaac Bear Sc ool for Welfare Department
General Contract: Reagan Construction Co. $8,350.0o
add Alternate #2-Ac covstical Tile 1,800.00
Total General Contract: $10,150.00
Piumbing Contract: Ideal Plumbing Company $1,925.00
12,075.00
Architect's Fee 966.00
Totai Cost with Acoustical Tile Ceilings $13,041.00
General Contract $ 8,350.00
Plumbing Contract 1,925.00
$14,275.00
Architectfs Fee 822.00
$11,097.00
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A recap of the bids revealed that the fteagan Construction Company was the low bidder on
the General Contract in the amount of $13,041.00 with Alternate #2 - Accoustical tile
and the low bid of $1,925.00 for the Plumbing by the Ideal Piumbing Company and including
I an Architect's Fee of 966.00. If the Acoustical tile is eliminated then the bid for the
' total is reduced to $10,275.00 plus an Architect's Fee of $822.00 or a total cost of
$11,097.00. He recommends that the bid including the Acousticai tiles be accepted as it
will make a much better job. The bids were received as a result of the advertising the :
specifications in the Wilmington Mornino Star on April 26,. 1962. Mr. Metts offered a
, motion that the contract be awarded to the lowest bidder without the Alternate. There
was no second to this motion and the Chairman ruled it dead. After a further brief dis-
cussion, Mr. N;etts moved that the decision be put-off until the meeting next week, May
I 21, 1962. It was seconded by Mr. Braak and unanimously carried.
COTJFEDERATE CENTENNIAL COMNiITTEE - /
Mr. Henrjr J. MacMillan, Chairman of the New Hanover Confederate Centennial
d Committee observed that no funds had ever been allocated for the use of his committee
but that a Memorial Service was held at the Ft. Fisher Pavillion on Battle Acre on May.
10, 1962 and the cost was $64.65. He asked the approval of the Board and payment of the
invoices which he presented. He remarked that a Fourth of July Celebration is being
planned at which time Colonel Lamb Day Cvill be observed. He reported that several prom-
inent men will be invited to speak and the Navy Divers from Maryland will be present.
He is of the opinion that his committee will need some funds from time to time during the
year as.we approach the Centennial Year 1965 when the BIG CELEBRATION will take piace.
He requested the Commissioners to subsidize the effort for approximately $1,000 for the
next year. After considering the request Mr. Broadhurst made a motion that the Auditor
j be authorized to pay the invoices for $64.65 out of the Advertising Fund and that the re-
quest for other funds be taken under advisement. It was seconded by Mr. Metts with the
stipulation that he come back,by ,]_uIIg,18, 1962 with definite needs itemized. The motion
, was approved unanimously. Mr. MacMillan assured the Board that the interest that has
been shown in the restoration project has been much more than was expected. Twenty-five
thousand people have signed the register and passed through the Pavillion since it was
opened to the public less than 90 days ago.
PETITIONS FOR RELIEF - z
? The Director of Public Welfare presented the Applications of the following
Ipersons for County Home Care on account of disabilities; Ruth Bryant Brinkley; Joe
Oliver Farrow; Charlie S. Hewett; Omer S. Rodgers; Earl H. Shipp, The last two
have been accepted before and left but both of them have had an accident and want to go
back. After consideration of the circumstances surrounding each case Mr. Braak moved
that they be admitted to the County Home for care. It was seconded by Mr. Mayhan and
unanimously adopted.
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Minutes of the Neeting Nay 14, 1962 Continued
TAX FORECLOSED JOIIQTLY OWNED PROPERTY -
The Executive Secretary reported that he had offers to purchase the follow-
ing property which is jointly owned by the County and City as a result of tax fore-
closure suits:They havebeen inspected and appraised by the County Property Assessors
who have placed the fair market values for sale on them.
Slock 490 Pt. Lot 1 301 x 601 1201 from SE cor 13th & Dock Fronting on
Dock St. $500.00
" 568 NN1 4 4 33' x 1651 199' irom SE corner 15th & Kidder,
Fronting on 15th $800.00
Mr. Metts offered a motion that the sales be approved at not less than the appraised
values subject to concurrino approval of the City Covncil. This motion was seconded
by Mr. Braak and unanimously passed.
WELFARE LIEN PROPERTY
It is reported by the Director of Public Welfare that a piece of property
recorded in Book 199 on Page 185 formerly owned by William Fennell is subject to a lien
of $1,367. It is described as being Parts of Lots 7 and 15 in the A. P. Southerland
land on Wrightsville Sound running approximately 525 feet alono U.S. 74. It is 60 feet
deep on the western end and only 12 feet deep on the Eastern end. It has been inspected
and appraised by Messrs. McGirt and Blake at a fair market value of $1,400. Upon motion
of Mr. Metts, seconded by Mr. Broadhurst, the Board unanimously approved sale of the
property subject to payment in full of the lien or as far as it will go to liquidate
it up to the value of the property.
IFALLOUT SHELTER PRIVILEGE -
The Chairman explained to the Board that a recent failout shelter survey
has indicated that certain areas of the Court House basement and corridors afford persons
protection from the hazard of fallout in event of enemy attack. The Civil Defense
Agency is requesting written permission to use them for the sole purpose of temporarily
sheltering persons during and after any and every actual or impending attack. After
a brief discussion, Mr. Broadhurst moved that approval be given for the use of parts
of the Courthouse building suitable for sheltering people and that the Chairman be
authorized to sign the agreement, at no expense to the County. It was seconded by
Mr. Braak and carried unanimously.
`SNYDER RESIGNATION -
A letter dated P'tay 3, 1962 addressed to the Board of Commissioners from
William H. Snyder was read by the.Chairman. In the letter Mr. Snyder requested that
his resignation from the Board of Directors of the County Home be accepted as he finds
himself totally inadequate to be helpful in correcting the situation and feels that
his place raould be filled with a member better qualified to remedy the conditions.
Mr. Metts offered a motion that the resignation be accepted with regrets. It was second-
ed by Mr. Broadhurst and unanimously approved.
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AZALEA FESTIVAL -
The followina invoices were presented for payment by the Azalea Festival
Committee: Azalea Church Service, H. A. Elebash for $202.00 and ulilmington Printing
Company for $1,230.85 for Souvenir Booklets used by the Festival. Mr. Metts moved
their approval for payment within the appropriation, it was seconded by Mr. Broadhurst
and approved unanimously.
`HOSPITAL BILL -
An invoice was received from James Walker Niemorial Hospital in the amount
of $635•25 for services rendered to Hampton L. Frierson who was sent by Dr. James W.
Dickie from the County Jail. He diagnosed the trouble as Epilepsy and stated that
uniess he was sent to the hospital he weuld die very soon. Investigation indicated
that he had a previous history of hospitali2ation in another County but was brought
here by the Wilmington Police Department under a heavy bond•for obtaining money under
false pretenses and swindling. The Jailor says he took every precaution to save the
County this expense but under Lhe circumstances he could not turn him loose or afford
'"to let him die in the New Hanover County Jail. The County Attorney advised that under
the circumstances the County would have to assume the obligation for the bill. The
patient was sentenced by the Nei,v ]Ianover Superior Court to two years in the State
Prison. He is now in the Prison Hospital. Upon motion of Mr. Metts, seconded by
Mr. Mayhan, the Auditor was authorized to pay the invoice as per the ruling of the Count,
Attorney. '
(COUNTY HOtE ADMINISTRATION - h;r. Braak reported that one of the nurses at the County liome had refused
to write down instructions given by the ghysician attending•one of the patients in
the Infirmary. He wanted the Board to know what was going on out there and asked their
advice about handling such a situation. He also reported that Mrs. Babson, the House
Mother..at the Juvenile Detention Home had refused to help and allow juvenile inmates
to help shell peas. She had used the excuse that she toolc her orders from Mss. Sarah I
S. Layton, the City Juvenile Court Clerk. P;r. Broadhurst offered a motion that the ,
Board would stand behind Nr. Braa}; in the•handling of these cases to.his oti,m satisfact-
ion and suggested that the Chairman and Mr. Braak confer with A'h's. Layton and work
out a satisfactory arrangement as to where the Juvenile Detention Home House N,'others
? would receive their instructions. It was seconded by Mr. Metts and unanimously adopted
?W.P AND W.D.C. -
A letter was received from Colonel George Yd. Gillette, Chairman, ldilmington I
Port and Waterway Development Commission reqlAesting office space for storage of files and supplies and the use of clerical help in keeping the records and correspondence
involved in various projects for the improvement of the Port and Waterways. The Chair-
man, Mr. Hali, expressed the opinion that Colonel Gillette had contributed more toward
this end than any other one man in the County and he would like to ask for authority toli
invite Colonel Gillette to attend the Nationai Rivers and Harbors Congress scheduled
for May 16- 19th in Washington, D. C. at County expense. After considering the effectii
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Ninutes of the Meeting Nlay 14, 1962 Continued
W.P. and W.D.C - (continued)
contribution made over the years by Colonel Gillette and the helpful influence
I he wouid have in the hearings docketed for the South Atlantic Division in which the Cape
Fear River above Wilmington, the Northeast (Cape Fear) River will be discussed, Mr. Metts
offered a motion that the expense of Col. Gillette be paid by the County out of the Indus-
I trial Development Fund and that he be ailowed to use a portion of the space vacated by the
Board of Education and not being used by the Hospital office, 3t was seconded by_Nr.
' Broadhurst and unanimously passed.
SALARY ADJUSTIVIENTS - •
II Mr. Braak observed that in his motion regarding increasing the salary of Dave.
u W. Rivenbar}c and Luther H. Mintz he overlool{ed stating that he thouaht it should be retro-
active to March 1, 1962 since they assumed the larger responsibilities on February 21,
1962. After brief discussion, Mr. Broadhurst offered a motion that the effective date
I be April 1, 1962, it was seconded by N's. Nletts and unanimously carried.
INSUftP.NCE RATES - -1
The Industrial Development Committee of 100 called attention toe.a proposed
rehearing by the State Fire Insurance Rating Bureau for an increase in Extended Coverage
rates on dwellings and farm property of 50% and on Mercantile and other property 25%
in the Seacoast territory which includes New Hanover County. After an explanation of
the differences between dwellings and industrial coverages the Board upon motion of Mr.
Broadhurst, seconded by Nr. Netts unanimously favored a protest in opposition to the in-
crease_oof rates for Extended Coverage on Industriai properties only and directed that a
follow-up letter be written to the Insurance Commissioner making this clear as some com-
panies now refuse to write coverage on beach property and if adjustments are not made on
the dwelling rates the difficulty of securing any coverage wiil accelerate. (The expiana-
tory letter vaas sent on May 15, 1962.
PULMAN SERVICE -
The Chairman explained that he had been informed by an official of the Atlantic ?
Coast Line that the Pennsylvania Railroad had declined to continue pulling the A.C.L. pul-
man cars from 4fashington, District of Columbia to New York but that A.C.L. President Rice
had an agreement that they would "PULL" them three days per week. After a discussion,
Mr. Metts moved that the Board go on record opposing the elimination of pulman service from
Wilmington to New York via Washington, District of Columbia and tnat the Chairman be author-
i2ed to write a letter and otherwise handle as circumstances warrant. it was seconded by
Mr. Broadhurst and carried unanimously.
NATIONAL GUARD UNITS -
? A letter from Najor General Claude T. Bowers called attention to a proposal
now under considerat,ion by the Department of Defense and the Armed Services Committee
of the Congress, to eliminate National Guard Divisions and replace them with Brigades.
In the opinion of the Adjutant General it is not in the best interest of the security of
our 5tate and Nation. He asks for assistance in opposing any reduction in the over-all
strength by contacting members of Congress, Chamber of Commerce and Civic organizations
I and asking them to assist in the fight. Nr. Netts offered a motion that the Board go on
record opposing the reducing of TQational Guard Units and that the Chairman be authorized
to write a letter to our Congressmen to that effect, it was seconded by Mr. Braak and
passed unanimously. (The letter was written with copies to General Bowers and Governor
Sanford.)
National Guard Day . A letter from Project Officer Najor Laurence O. Bowden was read
inviting the entire Board to a program designed to foster better public relations between
North Carolin industries and the IVational Guard at the Riegel Paper Corporation plant in
Acme. The event will be known as National Guard Day. National Guard equipment will be
displayed and after a brief orientation on the mill operations, guided tours will be con-
ducted through the plant. By common consent, the Board members agreed to notify the
Executive Secretary if they could attend so that a report could be made to the Engineer-
ina Department of Riegel, as requested in their letter. The date for this program is N;ay
18th, 1962.
PUBLIC HF_ARING - ?
Written notice was received from the Corps of Engineers announcing that a
public hearing is scheduled for 10:00 A. M. in Thalian Hall on N,ay 23, 1962 to consider
plans submitted by the North Carolina State Highway Commission to construct a double leaf
bascule dr'awbridge with a hori2ontal clearance of-250' and a vertical ciearance of 551
above mean high water across the navigation channel of the Cape Fear River. Any object-
I ions must be restricted to public rights of navigation and no protests will be heard which
do not affect public navigation. No action was required but the notice was filed for
information.
II OCF-AN HIWAY ASSOCIATION - '
In connection with the 28th Annual Meeting of the Ocean Hiway Association the
? County of New Hanover and the City of 4Jilmington, North Car.olina have aareed to act as
hosts. The Chairman announced that the Board was invited to a luncheon to be held at
? noon Saturday, May 19th, 1902 aboard the USS North Carolina where the meetings will
' take place, and to a dinner 5aturday evening at the Cape Fear Country Club. He suagested
that any one who could attend these functions let the Executive Secretary know so he could
advise the officers making arrangenents.
T]-IIRD QUARTER REPORT -
Mr. T. D. Love, Jr., County Audrtor;, submitted his Financial Report as of March ?
I 31, 1962, showing the condition of the County finances. The expenditures are well in line
with the appropriations, beino 68%. The Revenues are in line with previous years at this
time being pl% coilected. He reported that Reserves were about $60,000 under last year.
, I By common consent, the Board ordered the reports filed for information.
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Ntinutes of the Meetiny May 14, 1962 Continued
SOCIAL SECURITY -
County Auditor T. D. Love, Jr, reported that Emery N. Grubb, Consultant for the New Hanover Memorial Hospital, wanted to be included under the Social Security
Program of the County but that the present agreement did not permit it. The Department '
of Health, Education and Welfare which operates the Social Security Administration has
ruled that incumbents of new positions est2blished after June 30, 1957, as distinguished.
from incumbents of additional identical positions, are not covered. He suggested that
the Commissioners execute an Absolute Agreement to cover the absolute group of employees ,.II .
by social security in order that this type of problem would not reoccur in the future. '
P1r. Metts then introduced the following Resolution making application for coverage of
all empioyees under the provisions of the Federal Social Secuf.ity Act.
THE OLD AGE AND SURVIVORS INSURANCE PROVISIONS OF TITLE ?II
OF THE FEDERAL SOCIAL SECURITY ACT
WHEREAS, Title II of the Federal Social Security Act has been amended for
the purpose of extending to the employees of political subdivisions of the State
and their instrumentalities, and to the dependents and survivors of such employees,
the basic protection accorded to others by the Old Age and Survivors Insurance
Program as embodied in the Social Security Act, and
WHEREAS, the provisions of Chapter 562 of the Session Laws of 1951 designate
the Executive Secretary of the Teacherst and State Employeest Retirement System,
whose titie is: Director of the North Carolina Publie Employees' Social Security
Agency, as the State Agency authorized to enter into agreements or coverage plans
for the purpose of extending such benefits to employees of such political subdivi-
sions, and
YlHEREAS, the governing authority of this political subdivision of the State
desires to extend to its eligible empioyees or eligible coverage groups of such
employees, and their dependents and survivors, the security, protection and benefits
provided by said laws and the regulations established thereunder: NOW THEREFORE,
Be it resolved by the New Hanover County Commissioners in regular meeting, a
quorum beino present:
1. That the governing authority of this political subdivision of the State,
to the extent of its lawful authority and power, does hereby extend to its eligible I
employees and elioible groups and classes of such employees designated as the
Absolute group, t}re benefits authorized by Titie II of the Federal Social Security
Act, as amended, and as authorized by Chapter 562 of the Session Laws of 1951.
2. That W. G. Houck is hereby fully empowered and authorized,
and is hereby ordered and directed, to prepare, with the cooperation of the Director
of the North Carolina Public Employees' Social Security Agency, a suitable agreement
or coverage plan as provided by law, the same to be properly executed by this
governing authority and approved by said Director of the State Agency for the pur-
pose of making available to such employees the benefits m-entioned in Paraoraph I i
and the preamble of this Resolution, effective the first day of April , 1962. ?
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Upon motion of ComissionaJohn Van B. Metts, Jr, and seconded by Commissioner E. R. Mayhan,
the above Resolution rras introduced for passage and the same was duly passed, the follow-
ing number votinq in tne affirmative: Five , and the following number voting in the
negative: None (G).
AGREENIENT
IQORTH C/aROLINA ,
NE:d tiANOVER COUNTY
This Agreement made and entered into on this the 14th day of May, 1962 by
and hetween Piew Hanover County, hereinafter referred to as the Political Sub-
division, the party of the first part, and the Secretary of the Board of Trustees
of the Teachers' and State Employees' Retirement System, hereinafter referred to ?
as the State Agency, the party of.the second part:
WI TNES SETH I
That the Political Subdivision, by virtue of the power and authority conferred
upon it by its charter by Chapter160 of the General Statutes of North Carolina,
" as amended, or by virtue of*Article 2 of Chapter 135 of the General Statutes of,
North Carolina (Chapter 562 of the Session Laws of 1951) for the purpose of extend- ,
ing to the emplofees of political subdivisions the basic protection afforded by 'i
the Old Age and Survivors' Insurance System embodied in the Social Security Act,
has agreed with the State Aoency for the purpose of establishing the plan as foliows;,
1. It is agreed that the State Agency is hereby authorized to include this '
Political Subdivision in any original aoreement or any modification thereof, enteredl
into between the State of IVorth Carolina and the Federal Security Administrator
pursuant to Section 218 of the Social Security Act and Article 2 of Chapter 135
of the General Statutes (Chapter 562 of the Session Laws of 1951.
2. It is aoreed between the Political Subdivision and the State Agency that ,
unless hereafter modified or amended, the following definitions shall be in force
for the purposes of this plan: j
(a) The term "wages" means all remuneration for employment as d'efined herein,
including the cash value of all remuneration paid in any medium other than cash
except that such term shall not include that part of such remuneration which, even
if it were paid for employment within the meaning of the Federal Insurance Contritiu-
tions Act, would not constitute wages within the meaning of that Act.
Chagter 153 of the General Statutes of North Carolina, as amended, and by virtue of
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Minutes of thg-Meetii].q_ -1vav_...11?. 19F?9 r.,nfsnued __
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SOCIAL SECURITY - (continued)
(b) The- term "employment" means any service performed by an employee of
the Political Subdivision except:
? (i) service which in the absence of an agreement entered into by the
Stat'e and the Federal Government, would constitute employment as de-
' fined in the Social gecurity Act.
(2) service performed in a hospital, home or other institution by a
patient or inmate thereof.
(3) service which is excluded from employment by any provision of Section
210 (a) of the Social Security Act other than paragraph (8) of such
section.
(!}) service performed by employees in positions covered by a retirement
system (as def3ned in Section 218 (b) (l}) of the Social Security Act) on
the date the Federal-State agreement is made applicahle to this Political
Subdivision.
(5) service by an individual who is employed to relieve him from unemploy-
ment.
II (6) any services of an emergency nature.
' (7) agricultural labor, which if performed in the employ of a private
I employer would be excepted from employment under the Social Securit?f.Aatprivate
(8) services performed by a student rahich if performed in the employ/•employer
would be excepted from employment under the Social Security Act.
(9) services which under Section 218 of the Social Security Act may not be
included in an agreement between the State and the Federal Security Admin-
istrator.
(c) The term "coverage group" means a coverage group as defined in Section
218 (b) (5) of the Social Security Act.
(d) The term "employee" means an employee as defined in Section 210 (k) of
the Social Security Act and Articie 2 of Chapter 135 of the General Statutes
of North Carolina (Chapter 562 of the Session Laws of 1951), and includes an
, officer of the Political Subdivision.
(e) The term "Social Security Act" means the Act of Congress approved August
14, 1935, Chapter 531, 49 Statutes 620 (including regulations and require-
ments issued pursuant thereto ) as such Act has,been and may be from time to
II time amended,
(f) The term "Federal Insurance Contributions Act" means sub-chapter A of
Chapter 9 of the Federal Internal Revenue Code as.such Code has been and may
I from time to time be amended.
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I 3, It is agreed that upon the effective date of this Agreement and there-
after upon the inclusion of the Political Subdivision in the Federal-State
agreement, the same shall have the effect of making all employees covered by
this plan or agreement eligible for Old Age and Survivorst Insurance benefits
? on the same basis as those services rendered by such employees constitute an
employment within the meaning of Title II of the Social Security Act:
4, The Political Subdivision hereby undertakes to pay to the State Agency
; at such time or times as the State Agency shall-designate, amounts equivalent
to the sum of the taxes which would be imposed by Sections 1400 and 1410 of
the Internal Revenue Code if-the services of employees covered by this plan
constituted employment as defined in Section 1426 of svch Code.
5. The Political Subdivision hereby undertakes to pay to the State Agency,
at such time and place as it may desicnate, such funds as it may certify as
being the Political Subdivision's pro-rata share of the administrative ex-
penses of the program.
6. In consideration of an employees retention in or entry upon employment
after approval of this plan the Political Subdivision hereby agrees, pursuant
to the authority contained in Article 2 of Chapter 135 of the General Statutes
(Chapter 562 of the Session Laws of 1951) and in the manner specified by law,
to impose upon each of its employees as to services which are covered by this
plan, a contribution with respect to his wages, not exceeding the amount of
tax which could be imposed by Section 1400 of the Federal Insurance Contribu-
tions Act, and to deduct the amount of such contributions from his wages as
and when paid. Contributions so collected shall be paid into the State Agency
in partial discharge of the Political Subdivision's liability under this plan.
However, the Yolitical Subdivision is aware that failure to deduct such contri-
butions will not relieve the employee or the Political Subdivision of liability
therefor. _
7. The Political Subdivision agrees with the State Agency that it will
adopt such methods of financing as are found by the State Agency to be necess-
ary for the proper execution and carrying out of this Agreement or plan, in-
cluding the levy of necessary taxes, budgeting and application of funds from
non=tax sources, the use of surplus funds, the use of funds derived from water
and light revenue, and the use of funds derived from any sources whatsoever
which the Political Subdivision may lawfully apply or use for the purpose of
paying off and discharging its financial obligations as required by Article 2
of Chapter 135 of the General Statutes (Chapter 562 of the Session Laws of
1951) or as required by any agreement entered into between the State of North
Carolina and the Federal Security Administrator pursuant to Section 218 of
the Social Security Act and as required by any Federal act or regulation appli-
cable thereto.
I-A
II-?.y?
Ninutes of the Neetinq Yjay 1!. 1962 Continued
SOCIAL SECITRITY - (Continued)
8. It is agreed that delinquent payments due under this plan may, with
interest at the rate of six per cent (6%) per annum, be recovered by ection
in a court of competent jurisdiction against the Political Subdivision or
may at the request of the State Ayency be deducted from any other monies
payable to the Political Subdivision by any department or agency of the
5tate.
9. It is agreed that the Political Subdivision will comply taith such
regvlations as the State Agency may prescribe to facilitate efficient admin-
istration of this plan and enable the State to carry out the agreement with
the Federal Government. The Political Subdivisicn ?shall-.furn'ishi'such re-
ports,'in such form:anfl containing such information as to'the:State Agency,
may from_time to time require and corr,ply with such provisions as the
State Agency or the Federal Security Administrator may from time to time
find necessary to assure the correctness and verification of such reports.
10. It is aoreed that this plan will be modified at the request of the
Political Subdivision to include any coverage oroup or additional services
not now within the plan, such modification to be consistent with the pro-
visions of Section 218 of the Social Security Act and Article 2 of Chapter
135 of the General Statutes (Chapter 562 of the Session Laws of 1951),
11. It is agreed that the Political Subdivision reserves the right, with
respect to each coverage group herein, to terminate its participation in
the Old-Aae and Survivors' Insurance program by giving such notice in
writing as the State Aaency may, by rule or regulation prescribe and in the
absence of a rule or regulation such written notice as will afford the '
State Agency an opportunity to give a minimum of two years advance notice
in writing to the Federal Security Administrator of termination of the
coverage of the political subdivision under this plan either in its entirety
or with respect to any coverage group. Such notice shall be effective at
the end of the calendar quarter specified in the notice, provided, however, i
that this plan may be terminated in its entirety or with respect to any
coverage group only if it has been in effect from the effective date speci-
fied herein for not less than five years prior to receipt by the State
Agency of such notice with respect to any gourp for which termination is
sought. The Political Subdivision does recoenize, that if the Federal
Security Administrator in i.he manner outlined in the Federal-State Agree-
ment, terminates that agreement in its entirety or with respect to the
Political Subdivision or any coveraoe group herein, such termination shall ?
have the same effect on the relationship between the State and the Politicali
Subdivision as termination under subpart (1) of this section. The State i
Agency, in its discretion, may terminate this plan in its entirety or as to
any coverage group, if it finds, after due notice and hearing, that there
has been a failure to comply substantially with any provision contained in
this plan, such termination to take effect at the expiration of such notice
and on such conditions as may be provided by regulations of the State Agency
and as may be consistent with the provisions of the Social Security Act. If'
under this paragraph the plan is terminated with respect to any covera.ge
group, such termination shall be effective with respect to any additional
services in such coverage group included in the plan pursuant.to any
modification authorized by this Agreement.
12. It is agreed that the Political Subdivision hereby aorees to adopt
such methods of administration as are found by the State Agency to be
necessary for the proper and efficient administration of the plan, includ-
ino cooperation with the local field offices of the Federal Security Agency.
The Political Subdivision, pursuant to the authority invested in it by
law, hereby appoints T. D. Love, Jr., County Auditor as the person to
be responsible for the local administration of this plan.
IN !dITNESS IJHEREOr', the Political Subdivision, by virtue of its
authority as provided by law and by virtue of a resolution or order duly
passed by the governing authority of said Political Subdivision, a certified
copy of which is hereto attached, has authorized its Chairman, Mayor or
presiding officer for and on behalf of said Political 5ubdivision, its
signature is hereto attached and attested by Lhe Clerk or Secretary of said
governing authority; and further
IN bJITPdESS WHEREOF, the State Agency has caused this Agreement to be
signed by the 5ecretary of the Teachers' and State Employees' Retirement
System as authorized by law and whose signature appears herein-below attachee
to this Aoreement or plan.
/S/ J. M. Hall, Jr.
Chairman ef the County Commissioners
Attest: w . G. Houck
Executive Secretary,
New Hanover County Commissioners
/5/ Nathan H. Yeltan
Secretary of Teachers' and State
Employees' Retirement System and Dir- 'J
eetor of North Carolina Public Employeels
Social Security Ayency I
LOST COUPON? -?
oun y Auditor Love reported that two (2) coupons from Bond #73 issued on
December 1, 195? of Series A of the School Building Bonds due Jwle 1, 1961 at 6% have
been lost. They were due December 1, 1959 and December 1, 1960 in the amount of $30.00
each. He }gs a Bond of Indemnity executed by the Federal Reserve Bank of Richmond in
amount of $60.00. He requests permission to pay the lost coupons on the strength of
the above document. Upon motion of Nr. Braak, seconded by Mr. Metts; the Board unani-
mously approved and authorized payment.
?
?
I
I I
?
HUGH MacRAE PARK - /
The Executive Secretary reported that Mrs. Robert H. Tate who represents the
New Hanover Saddle Club wants permission to close trie Riding Rink for 2?
a period of 60-90 days. She says that the Saddle Club will plant sod on the rink if it
can be closed long enough for it to get a good start. They propose to pay all the costs
of getting the sod and having it put in. By common consent of the Board they,unanimously
approved the temporary closing for these improvements and repairs,. ,
REPORTS -
tion:
The following reports and letters were reviewed and ordered filed for informa-
1. Rgriculture S Home Economics/'? a. Farm Agent / , b. Economics Agent ?. /
c. Schedule of Activities - Negro Economics Agent.
2, Alcoholic Severaae Control Board Audit, -?
3, Community Council approved Board of Directors for Count,y ]-lome and moving
the Welfare Department to the Tsaac Bear Building./
4. Corps of Engineers.filed notice that the Carolina Fower & Light Company
intended to construct an overhead wire crossing over Smiths' Creek,
5. Fire Inspector's Report on the Schools to John 0. Marshall.-'
6.' Lease Renewal by Navy on New Hanover County Airport. '
7. Pembroke Jones Park letter by J. Vernon Teague urgina development.
8. U50 Club report for Apri-l expenditures,-
9. Wilmington Public Library report for April i •
Negro Division of the Wilmington Pubtic L?brary April report. /
PETIT JURY - • • 11?
The follot,ring persons were drawn to serve as Jurors in the trial of civil
cases for the weeks beginning June 4th, 18th and 25th and criminal cases for the week
beginning Junef2th, 1962 in Superior Court for New Hanover County;
Jurors for the week of June ltth,1962 - Civil cases
? Robert Allen RFD 2,Sox 432 Nrartin Van Bennett
D. P. Benton, 416 S, 18th SL. Henry Ardell Boswell
L. C. Bowden RFD 2, Box 414 L. C. Brown
Joseph Clyde Caulder 2507 Circle St. Ernest C. Costin
J. F. Cox 1714 Carolina Ave .S. J. Davis Jr.
? P. A. Dobson 208 S. 51st St. John M. Drish
F.'J, Duls 4930 Oleander Drive B. W. Dunham
J. N.' Fit2gerald 2720115 Plimosa P1 W. K. Gaylor
? Norman E. Gray 4013 Oleander Dr. Jene Paul Hobbs
S. E. Holden 11 Morris Drive L. S. Holland
Raymond H. Holland Jr. 12312 ForBst Hil
r ls Dav id G. Horne
? W. T. Hughes .
1121 Count'ry ?ub
?
Alfre
d Hardy, Jr.
Herbert Harris 716 S. 15th S
.• W. L. liarris
Ernest Herring 1807 Princess St. J. H. Hawley
Wilbur D. Hill 41 Lake Forest Pkwy. C. A. Hinton Jr.
A. C. Ittgram 22$8 Camelia Dr. J. 0. Jackson
F. N. Johnson 5749 Oleander Dr. B. L. Joyner
John C. Julien Jr. 36 Lake Forest W. F. King
L. T. Landen, 3619 S. Front St. Herbe rt R. Latimer
D. W. Lockey Sr. 805 North Kerr Walte r T. Lockamy, Jr.
George G. Lynch 418 Forest Hills T. C. Meyland
? Walter Mintz 8 N Lake Village H. C. Monroe
James F. Moore ftFD 2 Sox 194 Harry E. Morgan
Robert C. Murphy 2412 Jackson St. G. G. Murray
William A. Nurnberger, Sr. 1909 Church Silly Henderson Pigford
Jurors for the Ureek of June 11, 1962 - Criminal
L. A. Powe2T 321 Castle St. Hattie N. Powers
Richard E. Proctor RFD 3, Box 203 Charles W. Purnell
Steadman Raynor 3110 Market S.t. James W. Reaves
L. H. Reavis RFD 2 Box 274 F. E. Register
Billy G. Rhodes 207 Oakleaf Dr: N. C. Rhodes
?
Oscar L. Rhodes ,)r. 204 Oakleaf Dr. E. L. Richards
Joe H. Richardson RFD 1, Box 42 Robert""H. Risley
Bobby G. Rivenbark 112 Laure2 Dr. Colvmbus Ritter
E. E. Roberts RFD 3, Box 155-B William Paul Roberson
' R. N. Roberts 4936 Oleander Dr. Thomas Robertshaw
? James W. Robeson 106 Cape Fear Blvd. John D. Robinson
Relman Robinson Box 74 UJrigh?y?th
? William L. Ftogers
T. Milton Ross 123 Glendale
r. Wm. A.F. Rothrock
Edward B. Russ 106 Francis Marion Dr. .lames C. Russ
Richard A. Russ
? 223 Parkwy. Thomas E. Russ
4lilliam Russe2l RFD 2, Box 353 a W. F. Russell
; Elwood M. Sapp 533 E• Shipya?d Jack D. Sasser
Remi C. Savage
305 vd.
1
Longstreet
Arnold Ray Scott
Curtis Scott 3019 Louisana St, Marion E. Shepard
Fred Singleton 1409 Castle St. James B. Smith Sr.
11144 Market Street C
g17 Colwell Ave.
29 Pinecrest Pkwy.'
223 S. Bagley Ave.
Oleander Ct. Apts.
239 Whites Avenue
1736 Orange St.
16 Ivey Circle
2914 Chestnut St.
23 Jacksonv'ille•Ave.
12 Pickett Drive
RFD 2, Box 164
2947 Cambridge Drive.
2229z Plaza Dr.
B 4 Oleander Ct. Apts.
202 S. 41st St.
603 North 23rd St.
Box 428 cit
P. O. Box 13? '
8 B Lake Village
2525 Harrison St.
4932 Wrightsville Ave.
2202 Metts Ave.
1302 S. Herr Ave.
30 Lennon Dr.
2404 Market St.
205 N. Wallace Ave.
5307 Oleander Dr.
316 Rutledge Dr.
4200 Oleander Dr.
126 Gordon Road
1204 County Ciub Rd.
RFD x 262
3i6SCastB?e Ha N. C.
yne Rd.
5037 pleander Dr.
P.O. Box 36 City
10 S. Lake Villaoe
124 Pine Valley Dr.
31 Terrace Walk
RFD 2 Box 153
2947 Adams St.
31 Cape Fear Blvd,
122 Live Oak Ave,
157 Holbrooke Ave,
5507 Wrightsville Ave.
I
Minutes of the Meeting May.._._1_l}_,____1962 (Continued)
_ , - --
I PETIT JURY - (continued)
Jurors for the week
Jack W. Smith, Jr.
H. Ross Troth
! Grover U2ze11, Jr.
George H. Woodville
I P. J. Watkins III
beqinninq June 11, 1962
1016 Country C b
2823 Chestnut 4:
5323 Wrightsv. Ave.
313 North lbth St.
604 Colonial Dr.
Jurors for the week beqinning June 18, 1962
Norwood Williams
Neil S. Williams
George D. Telfair
George G. Thomas
John Stedman
Dennis R. Smith
A. N. Shew
C. B. Sellers, Jr.
F. R. Sasser
N. F. Rouse
Robert C. Rogers
Harry E. Rogers
E. E. Roberts
Theo C. Rivenbark Sr.
J. T. Ritter
W. J. Rhodes
A. J. Racette
Wrigfitsv. each
- Criminal
(continued)
Howard M. Sutton 111?. Live Oak Ave.
Cecil E. Turner 142 Ridgeway Drive
Thurston I. Watkins 403 South 18th St.
George H. Walker 2411 Elm St.
Woodrow A9cDade tidatson 311 Calhoun Dr.
- Civil
RFD 2, Box 94 Edmund B. Yorlc 2526 Washington St.
1202 N,arket St. Clarence R. Williams 510 Sunset Ave.
613 Walnut St. Robert L. Thompson Jr. 246 Forest Hills
246 Forest Hills Teddy M. Stone 2220 Wrightsville Ave,
Box 362 Carolina Beach James F. Smith RFD 2, Box 508
24097 Oleander Dr. A. Simon 617 Castle St.
1103 Azalea Dr. F. B. Shelley 1221 South 4th St.
2408 Princess P1. Morris H. Scott P.O. Box 525 ?
3921 Carolina Beach
Carl L. Sanders
414 I
McDonald Dr.
4303 Greenfield St. Joseph E. Rose Jr. 228Z Kenwood Ave. ,
235 North 23rd St. J. B. Rogers 4715 Oleander Dr.
206 1Utidland Dr. Tylon Roberts 2415 Monroe St.
RFD 3, Box 155 B. Thurman J. Rivenbark RFD 1, Box 159
102 Silver Lake Rd. J. B. Rivenbark 110 Laurel Dr.
RFD 1, Castle Hayne Herbert Ritter RFD 1, Castle Hayne ,
3717 Wrightsville Ave.Perry W. Ragan 2234 Camellia Dr.
209 S Lumiiaa Ave, Paul Puskas RFD 1, Castle Hayne ,
C. R. Pursley 303 Parkway Blvd. William H. Pridgen
Charles Lee Price Jr. R-3 B-537 D. G. Porter
N. J. Peterson RFD 1, Box 5 A. C. Pate
Kenneth A. Palmer 4117 Lake St. John A . Orrell, Jr.
D. T. Odum 1}601} Oleander Dr. Thomas Oliphant
Jack W. Newton 5$6 Bonham Ave. Fred H . Muret
Guy A. Milliken 221 S. 58th St. Roy 0. Miller
Claude J. McGowan 4918 Park Ave. John David S. NicGirt
Jurors for the week beUi nninq June 25, 1962 - Civil
Lloyd Mathis 2530 Washington St. R. L. Manning Jr.
Robert Jasper Manning 2204 Princess P1. Dr. J. A. Loughlin
W. N. Leonard 103 New Bern Ave. H. M. Leneane
Robert Joseph Lehrschall 212 S. 58th St. Elwood M. Lee, Jr.
L. Larkins $901 Park Ave. R. B. Lane
Daniel J. Joye 211 Castle St. Walter Edward Jo"r_dan
Arthur W. Jordan 147 Holbrooke Ave. James Percy Johnson
Douglas W. Jackson Sr. RFD 1 Oakle
?Ta James Hughes
,
Charles R. House Ha n
as
5017? Wrigh?sv. &ve.y 1. D. Horne
,
Ottis NcKoy Hobbs 2725 Harrison St. J. E. Hinnant
G. C. Hines RFD 2, Box 140 Norman N. Hemby
E. M. Hawkins Box 335 WrightAXj?Ae Roy W. Harts
John D. Hallenback 34 Jeb Stuart.Dr. Granvi lle S. Green
John D. Gray 4616 Long Leaf Hills S. T. Glover Jr.
S. H. Glover 402 South sth St. John H . Gaskins Sr.
'Robert Fennell 617 Princess St. R. L. Frost
Jas. R. Edwards 335 Robert E. Lee Dr. ' E. W. Edrrards
M. W. Deichman 5041 Pine St. Charle s Ray Davis
Thomas Jackson Cress 4918 Wrightsville Ave. Aarvey T. Creech
William H. Cook 29 Woodlawn Ave. P. Har old Conway
T. C. Clark 2214 Oak St. Clyde R. Carroll
Cecil V. Butler 317 Francis Marion Dr. Niajor L. Brumble
L. B. Brown 4709 Long Leaf Hills Clyde E. Brown
D. Boet RFD 1, BEx iK
H Ronald A. Barnwell
James Clark ayne -
208 5. 12th S?, C. W. Davis
515 s. 3rd st.
111 Myrtle Ave.
3823 tiJilshire Blvd.
5030 Heide Dr.
2420 Jackson St.
1524 Parmele Dr.
Box 384, Wriged?s?rille
121 Dare St.
2313 Washington St.
2014 Pender Ave. !
314 Midland Dr. II
2713 bJashington St. ?
RFD 1, Box 480
213 south 21st st.
1803 Castle St.
P. 0. Box 209 '
704 South 3rd St.
5906 Park Ave. '
RFD 1, Box 208 '
2722 Harrison St.
RFD 1,,Box 440
709 Holmlock Terrace
5540 Oleander Dr.
5101 Oleander Dr.
178 Colonial Cir.
2941 Jefferson 5t.
2406 Belvedere Dr. i
119 Parkwood Dr.
4902 Market -St. '
14 Hamilton Ave. '
2242 Camellia Drive
414 Larchmont Dr.
215 S. sth St. ?
ADJOURNMENT -
There being no further business for consideration today N`s. Broadhurst offered
a motion for adjournment, it was seconded by Mr. Mayhan and carreid unanimously.
W. G. Houck, Executive Secretary