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1963-05-20 Regular Meeting Minutes of the Meeting May 6, 1963 Continued Jurors - Week of June 24th Continued Norris C. Long John D. Kelly C. E. Branch L. G. Willis Joseph L. Tuminars REPORTS - 57 Lee Drive 4209? Wrightsv. Ave. 156 Holbrooke Ave. 3710 Park Ave. 5206 Wrightsv. Ave. John J. Johnston 805 Northern Blvd. Lawrence B. Hardy 311 S. 46Lh St. i Levie Earl Peyton 428 Rosemont Ave. William Thomas Walker 15 Lake Forest Pkwiy Hobart Hansley 228 Bonham Ave. I tThe following reports were reviewed and ordered filed. \1- Change in 5tatus of Welfare recipients. \2- Wilmington Public Library for April 1963. 3- " Branch " " " ? 4- Grand Jury Report for April 1963. ADJOURNMENT - Upon motion of Mr. Braak, seconded by Nm. Broadhurst, the Board adjourned. W..:. Executive Seci tary Wilmington, N. C. May 20, 1963 ASSEMBLY - I The regular semimonthly meeting of the New Hanover County Board of Commissione s ? was held on this date at 9:00 R. M. in the Commissioners' Room of the Covrt House with the following members in attendance : Chairman J. M. Hall, Jr., Commissioners L. E. Broadhurst, Peter H. Braak, Ernest R. Mayhan and John Van B. Metts, Jr., County Attor- , ney L. Bradford Tillery and County Auditor T. D. Love, Jr. INVOCATION - I The Chairman called the meeting to order and asked Reverend R. Irving Boone, Central Baptist Church, to open the meeting with a prayer for guidance. APPROVAL OF THE MINUTES - I Upon motion of Mr. Metts, seconded by Mr. Mayhan, the minutes of the last meeting, copies of which have been sent to each member of the Board were unanimously approved as written. SCHOOL PENSIONS - ? Pursuant to the discussion of the above subject at the last meeting, the li Chairman explained that what prompted this question about school pensions was the fact i Lhat 20 years ago, the school salaries were low and that the Pension Law which controls I the retired teachers under that old provision leaves much to be desired in the present I time because living costs are much higher. In fact, he said that the retired teachers ' pensions were unreasonably low and he has requested the Schooi Board to bring the Board ?i of Commissioners up to date on this sub,ject. Dr. Wagoner, Superintendent of New Hanoverl 5chools, presented Mrs. Nina Tenuta, who explained that the Pension Law provides that :II after 20 years service, teachers shall be entitled to one-half their average sa2ary for the last $ years teaching upon retirement. Dr. Wagoner reported that at present there is a proposal before the General Assembly which would almost relieve the County of its I responsibility on the pensions and may change to the best 5 years back pay instead of ' the last 5 years under the Social Security law. The Chairmatt observed that he had re- quested a'list of the retired teachers receiving less than $150.00 per month showing how much it would cost the County to increase their present pension to $100, $125, ' and $150 per month. A review of these fioures indicates that it would cost New Hanover ' County $6,959•04 to increase the pension to $100, and $14,474•16 if the amount is $125 ? per month and $22,522.44 if they are increased to $150.00 per month. Attorney Wallace C. Murchison, representing the teachers which come under the low retirement group ex- plained that the law setting up the Pension Act in 1921 when the salaries were low d1d ' not take into account the inflation which has taken place with the increase in the cost of living and that present pensions are unreasonably low and he suggested the law should ' be amended so that the State pay increases would not affect the County payment. He urged that some action be taken to relieve this depression type pension by appealing to the Legislature now in session to correct this situation before they adjourn. The matter was left for further study. ?MICROFILMING - 0- 1 A discussion of this subject was resumed with Attorney Jamesj,,Swails heading a committee representing the Bar Association, Miss Ada L. McCulloch, the Register of II Register of Deeds, Mr. H. Foster Edwards, the Clerk of Superior Court, After hearing ' the opinions expressed by the members of the Committee of the Bar Association, almost without exception they were opposed to any change for the recording of real estate transactions and much prefer to use the present method. John E. Barkiey, representing I Recordak Corporation explained the detailed use of the system which many other counties in North and South Carolina are at present finding satisfactory. He promised to set up a system without cost to?the covnties on a trial basis so that the attorneys could observe how it c.ould be employed in actual operation. After a brief discussion, the consensus of opinion seemed to indicate a further study and the Chairman was authorized to appoint a Committee representing the Commissioners, the Bar Association, the bankers and savings and loan associations, all of which are likewise interested and affected by the system of recording all business transactions. The Chairman stated that he would make his appointments to this Committee at a later date. I \ HOSPITAL SOND AND ANTICIPATIOIQ NOTES - ? Mr. M. C. Brown, Chairman of the Finance Committee of the Board of Trustees ? L_ r? 'qyP @ Minttes of the Meeiing May 20, 1963 Continued HOSPITAL BOND AND ANTICIPATION NOTES -(continued) ? for the New Hanover Memorial Hospital, called the Boardts attention to the $500,000 Bond Anticipation Note which will be due the latter part of June. He reported that the best estimate available indicated that they would need approximately $750,000 by the end of the next fiscal year and suggested that if it was legally possibie to issue another Bond Anticipation Note for $1,000,000 and pay off the $500,000.note coming due. The Cotpiti Attorney reported that the local Government Commissinn had given vocal approval of this p7an and that confirmation in writing is expected momentarily. He suggested that the Board of Commissioners and the Board of Trustees meet in a joint session for the pur- pose of becoming acquainted with developments up to this point and the plans for the immediate future. By common consent, the Board authorized the Executive Secretary and Hospital Consultant Emory^Grubbs to arrange such a meeting at a mutually satisfactory time. ? ICOUNTY HOME BUDGET TRANSFERS - ? Mr. H. A. Marks, Chairman of the Board of Directors for the County Home, observ- ed that he would make a written report of their year's activities but he felt like they had done a good job during this fiscal year by keeping their expenses within the Budget Estimates but that two or three of the accounts would require transfer of funds in order to balance them out. The total amount $2,408.81 which they recommend as follows: ' From Electrical Suppiies $175.00 Janitors Supplies 300.00 Laundry 200.00 Medicines 700.00 Pest Control 60.00 Building repairs 700.00 Telephone expense 60.00 Capital outley 213.81 2,4o8.ai to i Fuel Gas Repairs to equip Groceries •Mr. Metts then offered a motion that these transfers ors be commended for their fine administration of the by Mr. Nrayhan and unanimously approved. $800.00 100.00 31.47 1,477•34 $2,408.81 be approved and the Board of Direct- County Home affairs. It was seconded COUNTY FARM TRANSFER County Auditor Love reported that there was a deficit in the Feed account at the County Farm and he recommended a transfer of $1500.00 as sufficient to finish out the fiscal year and recommended that $1,000 be transferred from Repairs Buildings, and $500 be transferred from Repairs and Maintenance - to Feed at the County Farm. Upon motion of Mr. Braak, seconded by Mr. Mayhan, these transfers were unanimously approved lby the Board. / \ c NEW HANOVER RESCUE SQUAD - / P7r. E. C. Akers, President of the New Hanover County Rescue Squad reported that ? he had been appointed by the group to a§k the Board of Commissioners for operational funds and capital outlay in ordei(to purchase some additional equipment as weil as payment of ? Insurance Premiums for the next fiscal year. He said that•the Squad itself had raised about $1500.00 last year and that they are asking the City Council to consider sharing with ? the County during the next fiscal year. The Chairman suggested that he present an item- ized Budget Estimate covering their entire financial set up and complimented the men for for their interest and self-help in work of the Rescue Squad.Jf Mr. Broadhurst, secondsd l? by Mr. Metts, the Board unanimousiy approved the waiver of the Schedule "B" taxes "nunc ?`r pro tunc!. SALT MARGH DRAINAGE - 11-1- Messrs. W. H. Cranford, the local Sanitation Engineer, accompanied by Keith Oats, s Sanitation Engineer with the State Department of Health, presented the cost figures for salt marsh drainage for Onslow and Pamiico Counties for use of the Board in coming to a decision as to whether or not it would prove feasible and practical for New Hanover County. The total cost for the 12 months from April, 1962 through March 1963 amounted to $17,636.33. for Pamlico and $37,714.80 for Onslow. Part of the wide difference in the cost was caused by Pamiico County using older equipment which required more maintenance and,too, they bperated 6 days per week as against 5 days per week for Onslow County. After briefly dis- cussing the various angles of the proposal, Mr. Metts suggested that before making a de- cision of the matter the possibilities should be surveyed for the use of our present heavy equipment, along with the use of dynamite where the marsh was too soft to support the weight of the dragline.Mr. Oates assured the Board that they would be glad to survey New Hanover County and come up with a suggestion that seemed practical. PATRICK AVENUE - ? The Executive 5ecretary reported that Thomas Patrick had come to his office and requested a name for a street or road which runs from the 800 Block of South Kerr Avenue eastward to a dead end. After learning that he is the owner of all the property in that vicinity and sold Lhe lots to the residents, he had contacied each of them who were in unanimous agreement that "Patrick Avenue" would be a fitting name. He requests approval of the Board. Upon motion of W. Broadhurst, seconded by Mr. Metts, the Board unanimously approved the request. The Executive Secretary was ordered to notify the Post Office and and the City Engineer. ' ROAD PETITION - ? W. L. M. Newsome presented a request for the addition of Patrick Avenue to I,the State maintained Secondary Road System. He presented a petition signed by nine residents of that street. Upon motion of Mr. Broadhurst, seconded by Mr. Metts, the petit- ion was approved and ordered sent to the State Highway Commission for their investigation. and disposition. Li T ? , - - - - 6-- - . TAX FORECLOSED PROPERTY - The Executive Secretary reported that he had a firm offer for the purchase II of the following jointly owned tax foreclosed property: tl Appraised Valui Block 105 Pt. Lot 2 30' x 58t 165 E. 6th St., 66' S. Nun St. $175•00 , Block 147 Pt. Lot ° 33' x 75' 99' S Dock Frntg. Magnolia 5t. 300.00 It was appraised by the County Appraisors and the values set on it. Upon motion of ? Mr. Broadhurst, seconded by Mr. Mayhan, the Board unanimously approved the sale, sub- ject to the approval of the.City Council. ' ICONSTABLE - CAPE FEAR TOWNSHIP The Sheriff reported that there is a vacancy for Constable in the Cape Fear Township. Applications were received from Wingate J. Baldwin and Curry Stamp Shaw ? for this position. After reviewing and considering each of the applications, Mr. I Broadhurst offered a motion that Wingate J. Baldwin be appointed Constable for Cape JFear township. It was seconded by Mr. Metts and unanimously adopted. tAD VALOREM TAX LEGISLATION - The Chairman called attention to a letter which had been written to the Board by Fred J. Galehouse, Manager of the Babcock 8Wilcox Company, seeking support for legislation wh3ch would eliminate ad valorem County taxes on manufacturerts inventor es. They recommended abolishing the tax on condition that no other corporate tax be increasea. After a brief discussion, Mr. Metts offered a motion that the Chairman confer with Mr. John Alexander McMahon, General Counsel for the State Association oY County Commissioner to determine if the present proposed legislation would require the State to reimburse ? counties for the loss of revenue if the tax on raw materials was eliminated and if he finds no loss of revenue to the County, the Chairman be authorized to write a letter to ? our legislators if he is convinced the legislation is beneficial. I F'OR FISHER FERRY SERVICE - u A letter was read from the SENCLand Development Association urging the Board to support a ferry connection between Fort Fisher and Southport and a Resolution to ' the State liighway Commission requesting that this much needed facility be made availablel prior to the heavy summer traffic and asking the Commissioners if they would not lend II their influence to this projecL by sending a similar Resolution. After a reading of the Resolution, Mr. Metts offered a motion that the request be approved and the foilowing Resolution adopted and sent to the State Highway Commission: WHEREAS, the North 8arolina Highway Commission has had under consideration for many years the establishment of a ferry service between Fort Fisher and South- port and WHBREAS, the construction of the Chesapeake Bay Causeway and Tunnel is now nearing completion, and upon completion will channel a greatly increased number of tourists along U. S. Highway 17 known as the Coastal Highway and ? ? WHEREAS, Public interest in the development of Fort Fisher.and Odd Brunswick has greatly increased in recent years and hold strong attractions for tourists and, WHEREAS, the U.S.S. North Carolina Battleship Memorial now attracts several ? hundred thousands of visitors annually and WHEREAS, Fort Fisher, Southport and Old Brunswick are not readily accessible to normal and natural tourist traffic and, ? WHEREAS, xhe establishment of a ferry service would have a strong tendency to I "open up" great areas of Southeastern North Carolina's wonderful ocean and water resources and, WHEREAS, the establishment of such ferry service wouid not only benefit the lower Cape Fear region, but would be of ma,jor benefit to all the coastal area of North Carolina and to the entire state and, I NOW THEREFORE, BE IT RESOLVED that the New Hanover County Board of Commissioner? hereby respectfully request the North Carolina Highway Commission to establish this ? much needed ferry service this spring prior to the heavy summer traffic. Certified to be a true copy of resolution passed at the regular meeting o£ the • I Board of Commissioners of New Hanover County, May 20 1963• ? It was seconded by Mr. Mayhan and unanimsously approved. I ? AIR CONDITIONING - HEALTH BUILDING ? The Chairman informed the Board that the Consolidated Board of Health had passed a Resolution asking for air conditioning in their office bui2ding. He presented the following bids received after proper public advertising as required by law and sug- . gested that a contraCt be awarded to whichever one they considered to the best interest of the County. ? Name of Bidder Deposit of Bid Bond Dobbins Appliance Center No. Hughes Bros. Fuel Co. 5% Deposit Total B.T.U's Recommended 72,000 30,000 102,000 85,000 35,000 ieb,ooo Installed Price $i,575.00 490.00 wiringl 2,065.00 ' 3,895•00 (continued) l ,? ? ,?;•? v Minutes of the Meeting May 20, 1963 Continued AARt.CONDITIONING - HEALTH BUILDING Name.of Bidder Deposit or Bid Bond Total B.T.U's Recommended Installed Price Jordan-Blanton-Myers Co. 5% Bid Bond Inside 78 degrees 5$% R.H. FWB $5,680.00 Newber's Refrigeration Inc. 5% Depbsit Temperature Control Co.. 5% Bid Bond 60,000 90,000 150,000 50% Relative Humidity 4,269.71 5,690.00 ? After a brief discussion, it was decided that the matter required further study and the Board agreed to delay the contract until a later meeting. TRANSFER OF FUNDS - HUGH MAC RAE PARK The Executive Secretary reported that the citi2ens of New Hanover County were,, /< using Hugh MacRae Park in larger numbers this year than ever before and that additional tables were needed to accomodate the crowds. Mr. Mayhan affirmed this need and offered a motion that $400.00 be transferred from Lab?o,r from Farm to Viaintenance and Equipment in Hugh MacRae Park for the purpose of building additional needed facilities. It was seconded by Mr. Metts and passed hy a maj'ority vote. Mr. Broadhurst requested that he be recorded as voting "NO". , COURT HOUSE 'POWER CLOCK - ? ' The Executive 5ecretary reported that on several occasions recently it hss been ?necessary to call our custodian at two or three o'clock in the morning because the mercury switches on our electric clock in the tower of the Court House are so worn that they easily Iget out of ad,justment and cause the clock to start striking and not stop until someone re- adjusts them. It has been more than 20 years since the clock was overhauled. The Chair- man read the following proposal by the Columbus Tower Clock Company. The following is a quotation and contract for the repair of the Tower clock in the New Hanover Courthouse, Wilmington, North Carolina. q Clean, and adjust clock movement. ' Repack and adjust motors. Adjust bell cable and hammer. ' Clean and adjust strike movement. Clean and adjust all dial gears. Remove all unnecessary play from universal joints and dial shafts. I ; Replace worn mercury control switches. I Clean clock frame. I All workmanship and materials are guaranteed for a period of one year. ? I All the above labor and materials are to be furnished by the Columbus Tower Clock Co. and are to be paid for by New Hanover County, North Carolina to the application. engineer when the work is completed. Total $148.00 , Prices quoted above are good for thirty days from above date. / Upon motion of Mr. Mayhan, seconded by Mr. Metts, the Board unanimously accepted the pro- 'posal and awarded the contract for this work. JURORSt PAY - / • The Chairman reported to the Board that the Grand Jury had twice recommended an increase in the pay for Jurors .-He asked County Attorney Tillery to interpret the law. He ruled that the general State law allowed payment of between $3.00 and $8.00 per day at the discretion of the Board of Commissioners but that New Hanover County operated under a Special Act which limited Jurors' Pay to not more than $5.00 per day. A letter was re- ceived from Representative Calder suggesting that if we wished to get under the general IlState law to let him know as it would take a legislative act. The Board authorized the County Attorney to investigate the possibility of increasing the Court costs io include the Jury fees. LEGAL ADVICE - BOAF.DOF HEALTH The Cha.irman reported that the Board of Health finds itself in need of an attor- ,? Iney to serve on legal questions which arise from time to time. He suggested that the County Attorney might serve in this capacity provided he was paid for it. It was suggest- ied that $600.00 per year would serve as a fair retainer with the understanding that when required to appear in Court he would be compensated for the extra professional services. IIt was generaliy agreed that the retainer fee should be iricluded in the Health Depart- ment's Budget Request rather than in the County Commissioners Budget Request. ZONING - Mr. Metts announced tnat he understood the General Assembly has enacted legisla- / tion which puts New Hanover County sub,ject to the 5tate 2oning Ordinance and thinks we ?should begin receiving information looking toward the planning and orderly development of ?the County. He suggested that each of the Commissioners submit a list of names to the Chairman to be used as nominations from which to choose a committee to study and make recom- Imendations about zoning in the County. V CIVIL SERVICE COMMISSION - / Mr. Broadhurst observed that he th4ught it was time to appoint a replacement 'for Mr. Frederick Willetts Sr. to serve as a member of the New Hanover Civil Service Com- mission and recommended Mr. W. Leon Futrelle. After a brief discussion, Mr. Broadhurst loffered a motion that Mr. W. Leon Futrelle be appointed as a member of the New Hanover ?Civil Service Commission. It was seconded by Mr. Metts and unanimously approved. 'NATIONAL RIVERS AND HARBORS CONGRE55 - ? The Executive Secretary reminded the Board of the 50th Annual Convention of the National Rivers and Harbors Congress to be held June 4th -.7th in Washington and that he had made reservations for at least three double rooms. The Chairman urged as many mem- I bers as possible to go because two of the projects in the South Atlantic Division are on I I I -..A ° ??v ?. $ f Minutes of the Meeting May 20, 1963 Continued NATIONAL RIVERS AND HARBORS CONGRESS the docket; first, the Northeast (Cape Fear) River above Hilton Bridge andl second, the Cape Fear River above Wilmington. Oral statements will be heard, but for accuracy of record all important facts and arguments should be submitted in writing in triplicate. REPORTS ? The following reports were received and ordered filed: I1- Corps of Engineers (a) Notice of application by Southern Bell to lay a submarine cable across the river at the foot of Market St. (b) Approval of Chief of Engineers for enlarging turning basin, May 6, I 1963. (c) May 6th application for dredging Atlantic Intracoastal Waterway westward up Bradley Creek to Bridge Channel 100t wide 221 deep ? 4500' long. (d) May 14, Permit to construct a pier and dolphin for W. R. Grace / (Carolina Chemical Co.) 2- Cooperative Extension Work & Home Economics Home Extension Report. 3-( Tax Collectors Report for April 30, 1963. j 4- Memorial Day Service at Nationai Cemetery to be held on May 30th at ? / 11:00 olclock A. M. , 5- Tax Collector Sam W. Johnson's report of collections on the 1962 County ' tax levy through April 30, 1963• ADJOURNMENT - Upon motion of Mr. Mayhan, seconded by Mr. Metts, the Board voted unanimously to adjourn the meeting. W. G.?Houck, Executive S e?cre?tary Wilmington, N. C. June 3, 1963 i i \ I ASSEMBLY The regular semimonthly meeting of the New Hanover County Board of Commiss- ioners was held on this date at 9:00 A. M. in the Commissioners Room of the Court House with the following members in attendance: Chairman J. M. Hall, Jr., Commissioners L. E. Broadhurst, Peter H. Braak, and Ernest R. Mayhan, County Attoraey L.-BradTord Tillery and County Auditor T. D. Love Jr. Commissioner J. Van Metts Jr. was unable to be present for the meeting as he is on duty at present with the Coast Guard Reserves.i? INVOCATION In absence of the Chaplain scheduled for the invocation this morning, the Chairmari Calle3 on the Executive Secretary to give a prayer of invocation. APPROVAL OF THE MINUTES - 11 Copies of the minutes of the meeting of May 20,th, having been mailed to each of the Commissioners, were upon motion of Mr. Mayhan, seconded by Mr. Braak, unanimously approved as written. SCHOOL PENSIONS - Resuming Lhe discussion about establishing a minimum pension for the retired teachers who, because of their low salaries, received very low pensions, the Chairman ' suagested tothe Board that they authorize the County Attorney to draw a Bill asking for the enactment of legislation to permit the County Lo establish a minimum pension of $125.00 per month including any Social Security benefits which some of them may receive and allow the County to pay any difference up to $125.00 minimum. He pointed out that this would be a permissive Act only to help those few teachers who have rendered 30 - 40 ? years service to the County during the depression years and that the list would dwindle as no new ones would be added. He also observed that to set the minimum at $125.00 ' would cost the County $11},471}.16 which would be approximately one penny increase in the tax rate per $100.00 valuation. Attorney Wallace C. Murchison was recognized by the Chairman and stated that he was appearing in behalf of an amendmentto Chapter 385 of the Public, Local and Private Laws of 1921 which limits the amount of money which a County can pay for pensions to not more than 5V and change it to not more than 61 as weil as including a minimum total sum instead of 6ne-half the average annual salary for he pointe'd out that in computing the pension by the actuaries, the amount which a teacher paid sub- ' stitutes was deducted from her gross salary and therefore is less than they are entitled ' to receivef. During the discussion of this subject, Messrs. Broadhurst and Mayhan pointed out that the ma,jority of the citizens receiving Social Security Ara in the $100.0011 or less bracket and that County employees had retired on $40.00 and $50.00 per, monLh and at present they were not guaranteed any minimum retirement income. The Chairman reeom- mended approvai of this Amendment and entertained a motion for its passage. As no motion; was made, the matter was dropped, however, Mr. Murchison said that he would present the matter to the Representative from this County to the General Assembly for their considera- tion. ' I HOSPITAL BOND AND ANTICIPATION NOTES The County Attorney reported that since the Board had approved the issuance of Bond Anticipation Notes to cover the needs of the New Hanover Memorial Hospital duringl the next fiscal year and to pay off the notes of $500,000 due in June, he has drawn the (continued)