1962-09-17 Regular MeetingP'1 r e-? ?°
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Minutes of the Neeting
JURORS - (Continued)
Septe"mber. 4, 1962
Jurors for the week - October 29th,1962 (Continued)
RFD 2, Box 223 B.
108 Chadwick Acres
aox 753
202 S. 5th St.
416 Pine Hills
2307 Dexter St.
14 GreenvilPe Ave.
2404 Market St.
15 Morningside Dr.
'-509 Wrightsville Ave.
720 Colwell Ave.
5 K Lake Village
3813 Carolina Beach Rd
452 Castle Hayne Rd.
205 Pinecrest Pkwy.
Z.•C, Bissette 207 North?Walls3ce St.
Ben;j: L. Futrelle % Gen., DeliveEXfolina
George D., Rabon Jr. 11 Y Lake Vil.
Buck.Sm•ith 108-Bordeaux Ave.
Alexander •M: SholarSf.:15 P..Lake Village
Clarence Sfiarpe 15'M: L.ake- Vi.l,laoe
Leslie E. Shipman 21'10 Gedar 5treet
Newton Gillette 116'A_Hinton Ave.
}{enneth'E. Martin 2215 Brandon,Rd.
Clarence: A•. Davis 2901 Jefferson St.
Hvbert
Boyd Gore 608-Greenfield St.
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Eiwood Alien Norris 2508 Wrights'vil-le Ave.
A"rno3d Edward Cobb 43' 'Lake Fore'St Pkwy.
Wil,liam Car.l Hatcher 226 Pkwy: Blud,
C.W. Mishoe Castle Hayne, N. C.
W. C. Loflin
Harry F. Snow Jr.
James L. Powers
Robert S. Powell
Boyce F. Maree
John D. Campbell
Cecil Becraft
K. J. Powers
L. R. Carter
David Benton
Claude B. Jones
.iohn W. Vann
Herman L. Fowler
W. T. Miars Jr.
R. S. Hyman
ADJOURNMENT -
Upon motion of Mr. Mayhan, seconded by Mr. Braak, the Board unaniroously
voted to adjourn the meeLing.
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Wiimington, N.C. September 17,1962
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ASSEMBLY -
The regular semimonthly meeting of the New Hanover County Board of Commission-
ers was held on-.this date at 9:00 A. M. in the office of the Commissioners with the
following members present: Chairman J. M. Hall, Jr. Commissioners L. B. Broadhurst,
Peter H. Braak, Ernest R. Mayhan and John Van B. Metts, Jr., and County Auditor T. D.
Love, County Attorney L. Bradford Tillery who was on vacation and out of the City.
INVOCATION -
The Chairman called the meeting to order and asked Reverend Hunley A.
Elebash, Pastor of St. John's Episcopal Church, to open the meeting with prayer.
APPROVAL OF THE MINUTES -
Upon motion of Mr. Mayhan, seconded by Mr. Braak, the minutes of the pre-
rvious meeting were unanimously approved as written.
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RESOLUTION -
Pursuant to instructions given the County Attorney at the last meeting e
Resolution was signed by the Commissioners commending Dr. Albert Coates for his un-
selfish service and contribution of better County Government througn hiS programs at
the Institute of Government. The ExecuLive Secretary was instructed to send it to
the Chairman of the Board of County Commissioners of Johnston County for presentation
to Dr. Coates at the proper time.
`AiR CONDITIONING - `
The Executive Secretary presented the contract agreements in connectinn'with :r
of the Court Rooms by Sneeden, Incorporated as awarded at the last meeting. He reported
that Henry Uon Oesen & Associates desired to know if the Board wished them to make in-
spections of the installation to see that it met the pians and specifications outlined in
the contract. After some discussion of the subject, Mr. Braak offered a motion that
if the inspection fee would not exceed 2% of the contract, Henry von Oesen 8 Associates
be authori2ed to make periodic inspection of the installation of the air conditioning
in the Court rooms to see that they met those in the agreement. It was seconded by Mr.
Mayhan and when the ballots were cast, Mr. Broadhurst voted "No", however, the Chairman
declared the motion passed when a majority of the Board voted "Yes".
CLERK SUPERIOR COURT the air conditioning
- Mr. H."Foster Edwards, Clerk of Superior Court reported that he had made an
inspection of 175 warrants awaiting final judgement in the office of Recorders, Court Clel
and his?analysis indicated that no money was involved or due the County unless the de-
fendents were apprenended and tried or fines or costs ordered by the Court. It is his
intention to check the dockets on all Lhese warrants to determine if they have been paid
and i£ not will issue any capias and set up a quick reference file for this special
group of warrants. He recommended that out of town defendents be required to post a
$25.00 cash bond to guarantee their Court appearance and further that the Court be asked
to render final judgement on all cases when possible such as Nol Pros With Leave.
? Transfer - Mr. Edwards advised that throuah an oversight no funds were 'in-
cluded in his Budget for maintenance and repairs to oifice equipment and stated that
he had a$17.50 charge on one of his typewriters and would like to have sufficient funds
appropriated to cover it. After a brief discussion, Mr. Metts offered a motion that
$50.00 be appropriated out of Unanticipated Revenue to Clerk of Superior Court-Mainten-
ance & Repairs. It was seconded by ivr. Mayhan and unanimously carried.
1DRIVER LICENSE REPORTS -
The Clerk of Superior Court reported that the backlog of Driver License
violations which had built up in the Recorders Court Cierkts office were now in a
current condition and in the future they wouid attempt to see that no delay was exper-
ienced in forwardino them to the State.
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Minut_e_s of the_Me_etin9_S_e?f.emb.er_]'??,??.6ZCe?;'n,
DRA I NAGE - ?
Pursuant to the request at the meeting of September'4th to the County Attor-
ney for additional information on the ditching petition presented by Mr. Marvin H. Con-
gleton, Mr. L. Bradford Tillery reported by letter that he reaffirms the opinion stated
at the last meeting 1- the Board of Commissioners are without authority to undertake
any drainage project except with the full accord of ail interested citizens 2- that the
petition which was presented does not constitute an easement. He recommends that a legal
easement be drawn for use in the future for the purpose of maintenance. The Board suggested
to Mrs. Congleton, who was present,Lhat failing to get the approval of the one objectinc
party the only remedy would be through the civil courts.
PAID BONDS & COUPOP:S - 1?
Mr. Fred B. Graham, representing the Wachovia Bank & Trust Company, presented
a letter outlining procedures authorized by the 1961 General Assembly for the destruct-
ion of paid bonds and coupons as enacted by'GS 153-111 and GS 160-398 . Under this pro-
cedure, the•County Commissioners can designate the Wachovia Bank and Trust Company as co-
paying agerits for maturino bonds and coupons. Under this method, the responsibility
(and ir.herent risk) of the governing body to certify that paid bonds and coupons have
been destroyed in accordance with the provisions with the Act is eliminated and assumed
by the paying agent. The cost of this service Is '6d per coupon and SOd per bond. State-
ments will be furnished along with cremation reports in a form satisfactory to the Local
Government Conmission and consistant with the provisioils of the SLatutes. After a bri2f
discussion, the Board unanimously aoreed to defer any action on this quest3on at this
time but referred it Lo the County Auditor for study arid recommendation.
APPROVAL OF IPNOICES -
The Chairman reported two matLers that.should be handled "nunc pro tunc" ?
1- He stated that the cost of the cornerstone ceremony at the Saline Test Plant site
:included recoonition of the County and that he had pledged up to $200.00 from the County
to assist in the entertainment of guests for that occasion. Mr. Metts sugcested that
since the net cost of the total amounted to $526.98 iacluding meals and entertainment of
a Washington group by the Town Council of Wrightsville Beach which cost $70.50 he is of
the opinion that the County should share the cost on a 50-50 basis less•that special
entertainment of $70.50. In other words, to share 50-50 on the basis of $456.48 or the
County's share of $228.24. He also reported that the Travel Council of North Carolina
met at the Elberta Motel Friday night and that he had requested the Executive Secretary
to poll the Board and see if they would approve the sharing of this expense up to $100.00
with the City and $4.00 per plate for any County representatives. Only two were present
making a total of $108.00: Upon motion of Mr. Broadhurst,•seconded by Nr. Mayhan, the
Board unanimously approved the payment of these obligations.
WELFARE DIRECTOR -
Commissioner Peter H. Braak, who is also Chairman of the Public Welfare De- ?
partment, presented and introduced their new Director, Miss Lela Moore Ha21, who is
assuming her new duties as of this date. She expressed her pleasure at being in New
Hanover County and her hope that•it would be a long and pleasant relationship.
TAX FORECLOSURE PROPERTY -
Pursuant to instructions given the County Attorney at the last regular meet- ?
ing with reference to a request by Attorney Aaron Goidberg.for the return of the pur-
chase price paid by Lillian S. MeKoy for a parcel of jointly ormed tax foreclosed pro-
perty in Block 27 and part of Lot 4 which 33+ x 1651, County Attorney recommended the
return of the purchase price, subject to confirmation by the City Council on the basis
that there was some question about the proper delivery of the deed. He suggested that
in the future we require the purchasers to sign receipts which recite that they accept
the deed and that the County does not agree to defend the title to the property conveyed.
After a brief discussion, the Board unanimously, by common consent; agreed to refer the
matter back to the County Attorney with the question that if a new deed,was drawn and
delivered would it not constitute legal delivery. ,
AUDITOR AArD TAX LISTING OFFICE M4CHIL3ES - /
County Auditor T. D. Love reported to the Board that since the last meeting
at which time he had reported the breakdowm of the bookkeeping_machine used in the Tax
Listing office for preparing abstracts, he was forced to transfer the bookkeeping machine
out of the Auditor's -Office into the Tax Listing Gffice to complete the work and that
the addressograph machine used in the preparetion of the tax records had broken down.
It will require an additional $3:500 to replace both of these worn out machines. He
has investigated a suggestion about using the Data Processing Company to see if it would
be practical and more efficient than our present system of handling our multitudinous
records. It is his conclusion that no money could be saved by changing over;to the Data
Processing system however it would save some time. The first year's cost would amount
to $9,300 and the annual cost thereafter would be $4,200. It would not eliminate any
personnel but do away with the addressograph machine and an accounting machine. He re-
commended that we continue on the same basis as in the past and purchase the replacemer.t
machines. After discussing the pros and cons of the two methods, Mr. Mayhan offered
to carry on the work bf the County and that $3,500 be appropriated from the General
Emergency Fund to Capital Outlay, subject to a i-aritten approval of the County Attorne?r
with reference to the legality of publicly advertising for bids for this equipment. It
was seconded by Nr. Metts and unanimously approved,
a motion that they approve the purchase of the machines needed
COUNTY HOME BOILER -
Ptr. Braak reported that subsequent to the action taken at the last Board meet- ?
ing with reference to instailing an oil burner in the County Home furnace, Mr, H. A:
NarY.s, Chairman•of the County;.Home Board of Directors had contacted him as he was of
the opinion that it was the responsibility of the Board of Directors to maintain azd
operate the County.Home, The C9unty Attorney interpreted the Resolution passed'.by
the Board creating the Board of Directors to delegate that authority to the said•Roard.
He feeis that the difference of opinion between an oil and a coal stoker can be resolved.
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Minutes of the Meeting September 17, 1962
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? COUNTY HONE EMPLOYEES -
Mr, Braak reported that Nr, and Mrs. Tom Gray were now occupying quarters
over the apartment set aside for the Matron and her family and that because of the
hours of Mr. Gray, who is night watchman, it disturbs the rest of the Matron and sug-
gested that they be asked to move. In the discussion tiahich followed, it was revealed
that at the time Nir. Gray was employed as night watchman he was told that he would be
given quarters in addition to the small salary which he is paid. It was the consensus
ofi opinion of the Board that they could be moved to other quarters at the County Home
where it would not disturb the rest of the Matron and her family.
kRQAD PETITION
A petition was received from the citizens living on Parkway Drive requesting
that it be added to the State Maintained Secondary Road System. Mr. Broadhurst offered ,
a motion that the request be approved and sent to the State Highway Commission for
their eonsideration. It was seconded by Mr. Braak and unanimously carried.
REPORTS -
The following reports were reviewed and ordered filed for further information:
\1- County Agricultural Agent's Extension Report for August, 1962.
12- Letter from Merit System Council approving requested modification of the
pay plan as it applies to the New Hanover County Udelfare Department.
k3- Notice of State Highway Commission of receipt of petition relative to
Parkway Drive,
?4- Letter from the Department of Water Resources, and notice of their meet-
ing at Carolina Beach.
`5- Notice from the U. S. Engineers relative to the installation of an over-
head power cable across the Cape Fear River between Wilmington and
Navassa. i?
Wilmington Public Library Report for August 1962
? 7- County Home Economics Agent's Monthly Report for August 1962
? 8- U. S. 0. Club Report for August 1962.
9- Notice from Institute of Government in regard to school of instruction
for tax officials - from October 15th - October 19th.
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ADJOURNMENT -
Upon motion of Mr. Broadhurst,
voted to adjourn their meeting.
seconded by Mr. Metts,, the Board unanimously
Executive Secretary
SPECI%tL JOINT SESSION
City Council Chambers Wilminqton, .N. C. September 21,1962 9:00 A.M.
A joint meeting of ihe City Council and the County Commissioners was held
, in the Council Room on the above date at 9:00 a, m. with the following present: from
the County, Commissioners Braak, N'?ayhan and Metts. From the City Council were:
Mayor Aiisbrook, presiding; Councilwoman IIlock, Councilmen Lane and Wade. Also pre-
I sent were City Manager Brandon, City Attorney Yow and County Attorney Tillery.
The meeting was opened with prayer by Councilman Wade.
? Mayor Alisbrook explained that the purpose of the meeting was to jointly
i determine the position to be taken and action on behalf of the City and County in re-
gard to Aiational Airlines' petition for permanent withdrawal of service to 1Jilmington,
and called upon Nir. A. Downing, Director of the City's Bureau of Rates, Industry and
Commerce to outline the pertinent facts in the case.
Mr. Downing stated that National Airlines has made application to the Civil
Aeronautics Board for amendment of its certificate deleting therefrom Fayeteville,
New Bern and Wilmington. This action is aimed at making permanent the temporary dis-
continuance of service on June 25, 1962 at these points. He was of the opinion that
the Board misused its powers in granting temporary suspension without'a hearing, but
advised that a request for permanent suspension must be the subject of a hearing, under
the law, and that hearing date has not been set. He pointed out that the City and
County jointly empioyed a special attorney to handle the final phases of the Piedmont
case, however, the service which National has discontinued is wider in scope than that
which Piedmont is allowed to give. Wilmington does not have single plane service be-
tween northern cities such as Washington, Philadelphia, New York and Boston nor south-
wardly to points in South Carolina, Georgia and Fiorida. Mr. Downing believed that .
the City and.County should oppose the application for permanent suspension of service,
and,if agreeable to the joint bodies, the Bureau of Rates, Ind, & Comm.will make an
attempt to handle the opposition and that it would be unwise to employ special counsel
now. He advised that there would be some small items of expense over and above those
covered iri his regular budget, for mimeographing, suppiies, postage etc.
Mr. Richard Burnett was recognized and told ttiose present he was certain
if industry in the area were officialiy contacted and requested to protest in this
matter, all would do so. It was pointed out that letters of protest were not suffi-
cient; in a hearing of,this type, witnesses were necessary to testify as to inconven-
ience of service.
After further discussion and suogestions relative to securing other airline
service into Wilmington, and joining hands with the two affected cities of New Bern
a.nd Fayetteville for a stronaer voice of protest, C6uncilman Wade moved that this
joint session go on record as favoring continuance of its efforts to save the service
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