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1963-11-04 Regular Meeting !?lilminaton, N. C. November 4, 1963 ASSEMBLY - T eAoard of New Hanover County Commissioners met in regular semimonthly ses- I sion at 9:OO?On the above date with the following members in attendance: Chairman J. M. ?i Hall, Jr., Commissioners Peter H. Braak, L. E. Broadhurst, Ernest R. Ntayhan and J..Van B. Metts, Jr., County Attorney L. Bradford Tillery and County Auditor T. D. Love, Jr. INVOCATION - Chairman Hall called the meetino to order and asked Reverend E. G. Connette, Jr., Pastor of the Saint Andrews Covenant Presbyterian Church, to offer a prayer for guid- ance. APPROVAL OF THE NiINUTES - Upon motion of Mr. Metts, seconded by Mr. N?ayhan, the minutes of the meeting held on October 21st were unanimously approved as written. OPENING MOTOR VEHICLE BIDS - 11_? The following bids were received, opened, and tabulated for supplying automo- biles to the Sheriffys Department and Community Hospital as advertised in the Wilmington Morning Star on October 8th and 22th. Certdfied Check Cape Fear Notor 5ales Yes Aaney Chevrolet Company Yes Alex rleiss Motor Corporation Yes Item I $4,925.67 4,473•93 4,155.63 Item II $1,633•2z 1,457.a9 1,455.66 Item III $2,239.33. 2,a29.31 2,178.37 After a comparison of the bids, Mr. Metts offered a motion that Items I and II be awarded to the Alex Weiss Motor Corporation,:and that Item III be awarded to the Raney Chevrolet Company, subject to all of their products meeting their specifications as advertised. It was seconded by Nr. Mayhan and unanimousiy passed. The Executive Secretary was instructed to return the certified check with a letter of regret to the Cape Fear Motor Sales and as soon as delivery is made on other cont;acts awarded above; the certified checks are to be I returned. % r BIDS FOR COURT HOUSE REPAIRS -` The Chairman announced that only one bid had been received for the lowering of ? the ceiling in the Recorders Court Room as advertised on October 25th and November lst. The County Attorney advised that where oniy one bid was received as a result of an adver- ,tised proposal, it should not be opened or disclosed but returned to the bidder and the project readvertised to meet legal requirements. By common consent of the Board, the Execu- tive Secretary taas authorized to readvertise proposals for the lowering of the ceiling in the Recorder's Court Room. "CIVIL DEFENSE RESOLUTIONS - ? The Chairman reminded the Board of their request at the last meeting to study the resolutions which he presented at the request of Civil Defense authorities for the pur- pose of assuring a continuity of governmental authority in event of emergencies or disasters, lAfter a brief discussion in which iL was decided that a definite temporary location should be named in the Castle Hayne community, they unanimously agreed that Commissioner Peter H. 'Braak's farm would be a suitable place and easy to locate..`. '°--. Mr. Br.oadhurst then offered a motion that the following Resolutions be approved: b•dHERr.4S, the General Assembly of the State of North Carolina did provide under Chapter314, SESSION LAU! of 1959, an act to provide in the event of enemy attack upon the state of North Carolina for the continuity of the orderly functions of the government of local sub-divisions. of the state; by authori2ed local political sub-divisions to enact resolutions and ordinances relating to succession for all officers having emergency government functions: WHEREAS, this bill was passed and ratified on the 21st day of April, 1959: by said General Assembly; 11 NOW THEREFORE BE IT RESOLVED: 1. Board of County Commissioners. In the event of the death, absence, physical or mental incapacity of the Chairman of the Board of County Commissioners, then the next senior member shall assume such office. If there is no clear line of seniority, , then an election shall be held immediately to select a temporary chairman. In the ' event of the death, absence or physical or mental disability of a sufficient number I of regularly elected commissioners to constitute a quorum; then the board shall be filled by the elected mayors of incorporated municipalities within New Hanover County. If a sufficient number of these mayors are not available under the conditions cited, then the board shall be filled by regularly elected county officers, such as the Sheriff, Clerk of Court, Register of Deeds, etc. If by reasons of the death, absence, physical or mental disability of these county elected officers, then the.`Bbard '.. shall be filled by appointive officers who are the neads or directors of departments of the county government. These temporary members of the Board of County Commiss- ioners shall serve until the end of the emergency, or until regular elections can be I held, whichever is sooner, except that they shall not be relieved of their temporary i appointment as Commissioner, until or unless, there is a sufficient number of regular- ly elected Commissioners available for duty. continued - . 1 -A P'-'bC,?? v tw;.,,,t?s_of_Lh.e--Me_e-tino-_Aioy-ember-Jj-._.1963 . Gontinued CIVIL DEFENSE RESOLUTIOPlS - (continued) 2. Other County Officers. In the event of the death, absence, physical or mental disability of any elected or appointed officer, or any department head serving in such capacity in New Hanover County; the Board of County Commisioners, as constituted under this resolution, shall appoint a qualified deputy or other qualified person to serve in that office until the return, or the recovery of the regularly elected or appointed officer, or until regular elections have been held to fill elective vacancies when they occur. 3. In the event of the return, in the case of absent officials, or recovery, in the case of ill officials they shall resume their duties and the temporarily appointed commissioner or county officer shall revert to their status prior to their temporary appointment. Recovery from physical or mental illness 'shall be certified by the Chief, New Hanover Connty Emergency Medical Service prior to res- toration to duty. \ Chairman, Board of Commissioners R E 5 O L U T I O N WHEREAS, the General Assembly of the State of North Carolina did pass and ratify on the 21st day of April 1959, Chapter 349 of the SESSION LAWS of 1959, a bill designated as: "An act to provide for the continuity of local government in an emergency"; WHEREAS, by this authority is granted the said local governments whenever the the governor and council of state, acting together, declare an emergency to exist by reason of actual or impending hostile attack upon the State of North Carolina and due to the emergency so declare it shail become imprudent or impossible to con- duct the affairs of county government at the regular or usual place. ? N0I4 THEREFORE BE IT RESOLVED: In the event the permanent seat of government at Wilmington for any reason becomes ugtenable, Lhen the oovernment of New Hanover County shall be temporarily re-located'"at Castle Hayne. If Castle Hayne is untenab.e, the Commissioners may elect any municipality or community within or without New Hanover County as the temporary seat of government. *at Peter Henry Braak's farrt.. THE CIVIL DEFENSE DIRECTOR SHALL 1. In the event of such re-location and in accordance with instructions of the County Commissioners and the Chairman of the Civil Defense Council of.New Hanover County, prepare such facilities for use, coordinate transportation and communications, and arrange temporary billeting for the emergency government. 2. Inform the emergency services and tMe citi2ens of the location of the temporary seat of government and shall effect such coordination and liaison with the State and Federal Governments, and with effected municipalities or communities as may be necessary for the orderly transfer and conduct of government. Commissioneri. Chairman, County Board of \ R E 5 0 L U T I O N ?6_1 IJHEREAS, the President, by Executive Order No. 10(}27, dated January 16, 1953, and later executive orders has directed the Office of Emergency Planning to exer- cise certain designated authority vested in the President by Public Law 875 (81st Congress) as amended: WHEREAS, Public Law 875 provides for a continuing means of assistance by the Federal Government to state and local governments, in carrying out their.responsi- bilities to alleviate suffering and damage resulting from major natural disasters, to repair essential public facilities and to foster the development of state and local organizations and plans to cope with such disasters: WHEREAS, Section 166-11 of Chapter 166 of North Carolina Statutes provides "in carrying out the provisions of this chapter, the Governor is authori2ed to utilize the services, equipmenL, supplies; and facilities of existing departments, offices; and agencies of the State of the political subdivisions thereof, and the governing bodies of the political subdivisions of the State are authorized to lbtilize the services, equipment, supplies, and facilities of their respective svb- divisions, to the maximum extent practicable, and the officers and personnel of all such departments, offices, and agencies are required to cooperate with and ex- tend such services and facilities to the Governor and to the Civil Defense Organi- zations of the State upon request. This authority shall extend to all disasters and for Civil Defense training purposes. (1957, c 950, S 5); NOW THEREFORE, BE IT RESOLVED, that in order to utilize the resources of New Hanover County, its municipalities, the State of North Carolina and those of the Federal Government to the greatest advantage, and bring about a clear integration of all these activities, with those carried out by the cities, Lowns nearby countiels. the American Red Cross, and other similar agencies that function during disasters ; in New Hanover County. Civil Defense Director of Wilmington - New Hanover County j is hereby designated as the person charoed with the coordination of Federal and ' State Assistance in natural disasters x;rithin the purview of PL 875 and other a'p.pliclble Federal Regulations. ? ? II I C??^ ? ?? Minutes of the Meeting November 4, 1963 Continued CIVIL DEFENSE RESOLUTIONS - (continued) L THE CIVIL DEFENSE DIRECTOR SHALL: 1. In accordance with instructions given by the County Commissioners of New Hanover County and the Chairman, Civil Defense Council, New Hanover County, coordinate all relief activities in major disasters. Operating responsibilities shall remain with those agencies that are at present charged by law with such responsibilities. 2. Coordinate plans of County and Municipal agencies made in anticipation of their responsibilities in the event of any major disaster. 3. Foster the development of such local organizations and plans as may be necessary to cope with any major disaster. ? 4. Advise and cooperate with Officials of the Office of Emergency Operations, Executive Office of the President and the Armed Forces and other Federal Agencies located within the area of or contiguous to New Hanover County to act for the Office of Emergency Planning if and when requested; prior to, during, or after any inci- dent in which the Governor requests assistance under Public Law 875. Chairman of the Board of Commissioners The motion was seconded by Mr. Mayhan and unanimously adopted by the Board. WELFARE LIEN ? ? The Executive Secretary reported that Louis J. Poisson, Jr. had requested him to secure an appraisal on the small parcel of land on which the Welfare Department has a ?lien as a result of grants made to Nalachi and Nary Dinkins since 1951. This is the same Iproperty which Mary Dinkins discussed before the Board at the September lbth meeting. The County Appraisors, Messrs. Blake and McGirt, estimated the value of the 0.36 acres deeded to Thomas ar.d Eth6l Mitchell to be $400.00. The Board decided that'this matter should be considered first by the Public Welfare Board and therefore they ordered the Executive Secre- ?tary to refer it to them for their disposition. SENCBA - The Chairman read a letter from Glenn M. Tucker requesting an appropriation of ? $1,000 to SENCBA. He pointed out that the publicity and advertising value of the Associa- tion has been unusual since Mr. Mitcham had been employed as Director. It is recognized ?throughout the State as the oldest organization of its type and that plans are underway to ?install radio service which is hoped will be carried on the Tabacco Network. Mr. Nitcham, Ithe Executive Secretary of SENCBA, requested that the Board appoint a representative to be present at a special meeting to be heid in Wilmington Council Chambers on November $th at 7:30 P. M. for the purpose of forming a steering committee interested in promoting long range primary high4Jay needs with special emphasis placed on the priorities_and the order in which they Should be sought. Fort Fisher Erosion - Mr. Mitcham called attention to the fact that the South? Eastern North Carolina Beach Association originally instituted a;.inovetnent to have Fort 'Fisher included in the development scheduled hy the State Department of Archives and History. He reported that through a preliminary investigation he has been led to believe that the Swould assist in the cost of revetment at the northern end of Battle Acre at Fort Fisher Ito stop the serious erosion which is taking place there. He is of the opinion that the !State Water Resources Commission and or the State Highway Commission could lecally partici- 'grate in up to 80% of this cost provided the Board of County Commissioners or some other ree-• jsponsibile:agency which might be interested in participatino in the preservation project. After discussing this problem at lenoth Mr. Metts offered a motion that the Chairman be authorized to discuss this problem with the State Water Resources Commission as well as the State Highway Commission and investigate the cost and other details that might be involved in such a pro,ject. It was seconded by Mr. Mayhan and unanimously approved. ROAD IMPROVEMENT - ? The Executive Secretary reported that Mr. George I. Crandall requests the Board to approve and recommend to the State Highway Commission that gecondary Road #1114 which runs by his home be paved. The Executive Secretary reported that in order to this, funds would have to be taken from the Secondary Road Account as none were left for paving purposes. By common consent, the Board directed the Executive Secretary to notify Mr. Crandall that it would be necessary for him to present a formal petitinn signed by all the property owners. HEALTH DEPARTMENT SALARIES - ? u Chairman Hall reported that the Consolidated Board bf Health had received a let- ter from the State Board of Health expressing concern over the salaries of the Public Health employees. The letter stated that they were not in a position to support a modification of macnitude necessary to approve the salaries proposed in the Budeet and that they were unable to forward further Federal and State funds until the matter has been resolved. He is of the opinion and recommends that the Board adjust the five salaries which do not meet the stand- ards established by the Merit System Council: Dr. C. B. Davis, Health Director III $636.00 Miss Annie Lou Davis, Public Health Nurses Director 576.00 Allen K. Glover, P. H. Lab. Bacteriolooist 2lt0.00 Miss Etta W. Farrar, P. H. Lab. Technician I 120.00 Phillip S. Jones, Sanitarian I 120.00 continued- „I II Minutes of the Meeting November 4, 1963 (Continued) ? HEALTH DEPARTMENT SAIARIES - (continued) , It was the intent of the Board at the time that the Budget was set up to ' establish a minimum of two steps below the normal range of salaries recommended by the Merit System Council. After a brief discussion, Mr. Broadhurst offered a motion that any action be deferred on Dr. Davists salary until after the completion of the investiga-I tion of the de.partment now in progress and that Dr. Davis be required to appear before i the Board and present* There was no second and the motion was declared dead. Mr. Mett; then moved?that all employees of the Health Hepartment be brought up to the salary level which was interided at Budget time, which was two steps below the normal range recommendedi by the Merit System Council, except that of Dr. Davis's which will be considered when the investigation going on at this time is compieted and that the increased salaries be paid out of the General Salaries Account; if sufficient funds are already appropriated and provided that this actionr.meets with the approval of the City Council. The motion was seconded by Mr. Braak and when the ballot was taken, Mr. Broadhurst voted "no" unless the Health Director came over and presented the matter before the Board, however, since all the other Commissioners voted "Yes", the Chairman ruled that the motion carried. :: the matter. TAX SUPERUISOR 1 Mr. Broadhurst reporLed that circumstances had arisen beyond his control which made iL necessary to offer a motion that Mr. T. D. Love, Jr. be discharged as Tax Super- visor as of November 1, 1963. It was seconded by Mr. Braak and unanimously approved. Mr. Broadhurst moved that Mr. Harry S. McGirt be appointed Tax Supervisor to serve out the unexpired term of Nr. Love with an increase in salary of $50.00 per month. It was seconded by Mr. Braak and unanimously passed. The County Attorney reviewed the powers and duties of a Tax Supervisor and called attention to GS 105-285 requiring the oath of office of the Supervisor. He also reminded the Board that the County Atrditor's powers and duties in many cases dvplicated those of the Tax 5upervisor and that he would not be relieved of those responsibilities. CITY AND COUNTY AGREEMENT The County Attorney called the Boardfs attention to an agreement which they had made with the City on August 20, 1962 for.04 acres of County property on which to ?•,ry??? construct a sewerage treatment plant. He reported that the City Attorney reminded him of the need for the exchange if deed and executions of the agreements involving the transfer ' of the interests of the James Walker Memorial Hospital to the County. After briefly discussing the original agreement, the Board unanimously decided to abide by the action taken on August 20th, BUILDING INSPECTOR - !?? The County Attorney reported that the Electoi.bfi'Inspector had conferred with him with reference to his authority to control unsafe house construction which he had encountered from time to time in making his electrical examinations. At present, he has no authority so far as the buildino is concerned but the Commissioners have authority to pass ordinances to controi the construction in the County. The Chairman reported that the recently appointed Planning and Zoning Soard are working and it is hoped that they could come up with some recommendations for including in such an ordinance in the near future. ? DOG POIJIVD - Commissioner Peter H. Braak reported that he had investigated the recent com- plaint of the conditions at the Dog Pound as reported by the Humane Society. He found the conditions were satisfactory when he made his inspection but discovered that there was a lack of responsibility because no one had actually ever been appointed to be in charge of it. After discussing the problem briefly, Nr. Broadhurst offered a motion that the Prison Superintendent Dave W. Rivenbark be appointed Supervisor of the Dog Pound and that Mr. Braak outline his duties for which he would be responsibile. Mr. Braak seconded the motion and it was unanimously passed. REPORTS - IPETIT JURY The following reports were reviewed and ordered filed for information. `1- ABC Board Audit Report ending September 30, 1963• ?2- Independent Auditors' Report of the Consolidated Board of Health ending I June 30, 1962. 3- Wilmington Public Library l}-? Board of Health Report for month of .lune 1963• 5- Report from County Agricultural Agent for October 1963• \ 6- Grand Jury Report for October, 1963• The following good and lawful persons were drawn to serve as Jurors in Superior Court for the weeks beginning December 2nd, 1963 - Civil; December 9th - Criminal; and December lbth - Criminal. Jiirdrs for the week bepinning December 2, 1963 - Civil E. M. Allen Sr. Edith Alper Wm. T. Artis, Jr. Howard L. Atkins James Avison James D. Saker• Wm. L. Baker Frank T. Ballard John Blanton Almeida Bordeaux Coy S. Bridgers Mamie Dell Brunson WK?at1herine kH. Bryaa W lU.eCampberllBryant Hallet D. Cayton Isabelle M. Clewis Major Joe Cobia 4201 Peachtree St. 1124 Hawthorne 1!}16 Nun St. 4915 Oleander Dr. 133 Greenville 2527 Harrison RFD 2 B 260 B. P. O. Box 3186 1913 Pender Ave.B 237 Carolina Beach 3811 Market St. 410 Brunswick 1?'l?B??ange RFeasEleOLy36eA 2021 Barnett Ave. 510 Church St. Carmer L. Davis, Jr. Abraham Dlugin Irving'Dowe Wallie Edwards Mrs. L. 0. Ellis Lawrence S. Everett F. M. Floyd Henry Green George W. Hardison L. W. Helms James G. Henderson E. G. Herrina Roger 11.4. Hewlett John B. Ninnant,Jr. Henry Gordon Hinson Jesse T. Holmes Warren H. Holt P, o. Box 63 I 101 N. 5th St. ' 1015 s. 8tn st. R 2, sox 373 201 NJrightsv. Ave. Jr.202 4lriohtsv, Ave. 221 Spruce Dr. ? RFD 1, Box 342 12 V Lake Vil. RFD 2, Box 316 2223 Kiein Rd. 1807 Princess St.! 815 cc Ra., . 124 Pinecrest Pk4,y, 2220 Gibson Ave•I 120"Horne Place Lr. B ox 208, RFD 3I continued- ? 16- ? 267 Minutes of the Meeting November 4, 1963 Continued PETTT JURY - continued CoY,e"r.'-,., . 27?11' Wa;s.hi,tt,gt_or1 St. W+bl•i;e Vance,;l?omes 1?0,9 Walnu? St,. - James Colgin 309 N. 6th St. James R. Hooper RFD 2, Box 1(W, Charle s P. Cook 214 Woodale Dr. Benjamin Howard 620 Dawson St. James E. Craft 223 Hermitage Rd. Eugene Howard 1101 Charlotte St. Maceo Cromartie' ql}b S. lOth St. Harry F. Hufham RFD 2; $ox 1$3 A. E. Cumber Jr. Carolina Beach,N.C. W. V.' Hursey • 9 Su nset Ave.• C. H. Davis, Jr. Box 333 Carolina Beach Carrie C. Jackson RFD 1; Box 107 8u'r.6i's for the week beoin nin.e December 9, 1963 - Criminal A. D. Johnson RFD 2, Box 201 Johnnie Jones RFD 3, Box 549 Mary A. Jones 1407 Glenn St. 'Pauline Kallman 2738 Columbia Ave. C2yde B. Ke21y Gen. Deliv, Carolina Beach Frnak Kosh 14 Lee Drive IGeorge Kranick RFD 2, Box 191 A D. J. Langford P. 0. Box 170 Carolina Beach Ralph C. Lashley 318 Wright St, Edward N. Lee 2116 Princess P1 Rudolph L. Lee 1709 Queen-St. B Tillie S. Leloudis 202 N. 21st St. Mrs. Frances Lewis 101 E. Tenn. St. Grover L. Lewis Box 552 Carolina Beach Ivory C. Lewie 119 Henry St. ? Kenneth Diem Lietch ? 203 Pineerest B. D. Locke RFD 1, Box 305 Michael Louis Loezedes 2809 L'yndon•Ave. Lt. Col. W. J. Logan 5031 Pine St. I Lippman A. Long 25 Pinecrest P1. W. B. Long 319 S. 3rd St. Mrs. Katherine B. P9arbury% Wertheimercpaq M. N. Marshburn 2913 Monroe St. Don Martin 2311? Chestnut St. Hubert McGee RFD 1 Castle Hayne J. E. McKellar 610 Anderson St. James Foster McIntire 906 Queen 5t. Lottie McKoy RFD 1, $ox SS Tillie McKoy • RFD 1, Box 46 Lesiie Merrill RFD 1, Box 199 M. W. Merritt 318 Church St. Wm. R. Merritt RFD 1, Box 134 T. C. Neyland 2525 Harrison St. John W. Millinor 12 B. North Caro2ina Ave. M. Van Niilis 5914 Oleander Dr. E. A. Mintz RFD 1, Box 249 - 9 Archie A. Mucken£uss 121 Pine Val. Dewey L. Murphy • 41 L ee Drive Wm. N. Mosely ' 1401 Church SC. James E. Murphy 815 Pqeares William Nelson 106 5. 8th St. Emily Newell 223 Whites Ave. Carlyle T. Norris 312 N. 45th St. Lonzie Hufford Norris 2836 Adams St. Marguerite L. Nurnberger 412 N. Blvd. D. B. Padgett 262 N. 26th St. Elmer C. Painter Pine Valley Dr. L. B. Parham P. O . Box 1384 Nettie L. Parker 233 Spruce St. 'dilliam J. Parris 62 P inecrest Pkwy.. Jurors for the week beqinning December 16,'1963 W. D. Pearson 117 Bryan Ave. Nina Peterson 209 N. 15th St. ? Ada A2ma Pierce 610 Castle St., W. R. Piner RFD 2, Bax 380 A. Ned W. Preslar 2259 Camellia Dr. Willaam D. Prevatte % Surf Motel W. A. Price , 2876 Adam St. Bert Prifogle Carolina Beach J. C. Purdie 1402 Piun St. N Dewey Ray 421 Oak St. Raymond M. Richards 126 Gordan Road Julius F. Rogers 5732 Oleander Ur. Estelle Rouse 13 Lake Forest W. E. Royals Gen. Deliv. - Carolina Beach Geraldine D. Russell 723 S. 7th St. W. R. Sellers 411 Orange St. J. W. Shaw 919 Dock St. Roy E. Shepard 1210 Dawson St. Haywood Simpson 513 S. 13th St. Henry Simpsori 514 Harnett St. David N. Ski.pper 411 Orange St. Mrs, Randall L. Skipper RFD 2, Box 413 ; Susan R. Smitfi 509 Wood St. Thomas W. Sneeden I 1401 S. Live Oak Charlie Spain 13 A Taylor fiomes ADJOURNMENT - Upon voted to adjovrn Fentress Spencer J. A. Strickland Najorie Sturdivant George T. Swain Jr. J. F. 5wann Jr. Olden Terry Camille Carroll Thieme Cecil V. Thompson Nlack ?uffie Thorpe Guy F. Turner Huoh C. Vick Andrew Joseph Walker Alonzo 'tdalt,on Jack T. Ward RuiheFalkenberg Ulatson James Inlebb J. W. l,lebb A. H. Weedon Alex E. lAIhite ,C. W. White Richard D. Wi 11 iams Aubrey J. Woodley U. G. 14oodward James Matthews tJrioht G. D. Young 611 N. 9th St. RFD 1, Box 17 A. RFD 2, Box 7 2268 Nimosa Place RFD 1, Box 358 140 Wooster 712 Market St. P. O. 182,Carolina Beach 1 H. Lake Village 407 S. 17tn St. RFD 3, Box 268 RFD 1, Box 100 A 601 Latimer Dr. P.FD 1, Box 35 202 E. South Carolina Av. 1417 Stanley 814 Princess 1504 s. 3ra st. 4005 Oleander Dr. 2401 S. Front St. 2 Lennon Drive 2 Lake Forest Pkwy. 3606 Carolina $each Rd. 119 s. 8tn St. 2112 Barnett St. motion of Mr. Metts, seconded by Isr. Broadhurst, the Board unanimously the meeting. W. G. Houck, Executive Secretary The minutes of the meeting of November 18, 1963 were inadvertently omitted and will be found beginning on Page #274.