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HomeMy WebLinkAbout1964-02-17 Regular Meetingr Minutes of the Meeting February 3, (continued) ADJOURNMENT - Upon motion of Mr. Broadhurst, secnnded by Mr. Metts, the Board unanimously voted to adjourn the meeting. n W. G?. iiouck, Executive Secretary? Wi lminoton, N. C. February 17, 196h. ASSEMBLY The regular semimonthly meetino of the New Hanover Board of County Commiss- ioners was heid on the above late at 9:00 A. M. in the Commissioners' Room of the County Court House with the followingiyattendance: Chairman J. M. Hail, Jr., Commissioners P. H. Braak, L. E. Broadhurst, Ernest R. Viayhan and John Van B. Metts, Jr., County Attorney L. Bradford Tillery and County Auditor T. D. Love, Jr. INVOCATION - Chairman called the meeting to order and asked Reverend D. L. Alexander, Pastor of the First Christian Church, to give the invocation. , APPROVAL OF THE NINUTES - Upon motion of Mr. Mayhan,seconded by Mr. Metts, the minutes of the last meeting held on February 3rd, copies having been mailed to each of the members, were unanimously approved. TAX FORECLOSED PROPERTY On March 4th, 1963, approval was given by the Board and the City Council for selling jointly owned tax foreclosed property described as Lot # 30 in Bronx C Sub- division in the amount of $550.00 to E. E. Costin after it had been appraised by the County Appraisors as a fair market price. Attorney John C. Wessell, Jr., representing the original owner, Stephen J. Hawes, stated that proper personal service was not made upon Mr. Hawes at the Lime the tax svit was brought in favor of the County and City. This he claims renders the title to the property fatally defective. The tax foreclosu covered a period of time from 1933 to 1945• Ne offered the following proposition for consideration: 1. That the City and County return to Mr. Costin the sum of $550.00. 2. That I back-list this property for a period of five years from date and pay I taxes thereon. 3. That Mr. Costin pay unto me the sum of $550.00 and I give unto him a good and warranty deed for the property in question. ; After a brief discussion in which it was pointed out that list the property for only 5 years for the taxes but Lhat 1933 and all penalties and interest figured on it, if any but it would be necessary for the City to agree to consid was referred to the County Attorney £or consultation with recommendation at a later date. FORECLOSURE PROCEDURES it did not seem proper to back- it should be back-listed until consideration was given to it, zr it and, therefore, the mattei the City Attorney to make a After the discussion of the above matter, the Chairman recalled that on Sept- ember 4, 1962 the present foreclosing procedure was brought before the Board. At that time, the County Attorney advised the Board that the present procedure was known as "in personam", that is, against the owner but that the General Statutes provided for another method which might simplify the problem which is knoom as "in rem", that is, against the property. The County Attorney reminded the Board that the Supreme Court had never rule on the latter procedure. A discussion followed in which it was recogni2ed that the City Council would have to agree to any change that might be made in this procedure and,by common consent,the Board instructed the County Attorney to confer with the City Attorney and bring back a recommendation. DEE? DELIVERY - The question of Warranty deeds was again discussed and the problem of whether or not the purchaser,sof this tax foreclosed property really understood that the deed is not a Warranty conveyance of title but that the County and City are selling only the equity which they own, The County Attorney suggested that in the future all buyers of this type of property be required to sign a receipt for the deed which includes a statement that it is not a Warranty deed, He suggested the following form: "The undersigned acknowledges having receipt of deed covering whatever interestl New.Hanover County may have in that certain tract or parcel of land described as: I It is expressly understood and acknowledged that the recipients and grantees in this deed have been told and understand Lhat New Hanover County does not warranIt any interest in said property and does not covenant nor intend to defend said titlip nor to make any adjustment in the event that it should later be determined that said title is defective. (Seal) Witness: By common consent, the Board approved this procedure. , , '293 Minii t e s_o f the?lesS3n.a ° BEER PERMIT - A notice of intention to apply to the North Carolina Alcoholic Beverage Control Board for a permit to sell on premises beer, 20% wine and 14% wine was received from Wallace C. Murchison, Secretary to the East Coast Hotel Company, Incorporated,which will operate the Blocade Runner Motor Hotel on Wrightsville Beach. Accompanying this notice was a request to waive the requiremen't of G. S. #76 providing for one year's residence for the manager, Nm. Burks L. Hamner, ,Tr.,who has just moved into the County. After a brief discussion, Mr. Broadhurst moved that the request be granted. It was seconded by Mr. Braak and unanimously carried. ROAD PETITION - A petition was received for adding into the State Maintained Secondary Road 5ys- tem the streets Manassas Drive and Shiloh Drive. Upon motion of Nr. Broadhurst, seconded by Mr. Mayhan, the petition was approved and ordered sent to the State Highway Commission for their consideration. ' " FORECLOSED PROPERTY - The Executive Secretary reported that he had a firm offer to sell the follow- ing jointly o-mmed tax foreclosed property described as Block #37, Lot # 5, 33' x 1651, II 66, frm NW cor. 5th & Wright Sts., fronting on 8th. It has been appraised by the County Property Appraisors at $700.00. Mr. Broadhurst then offered a motion that approval be given to sell providing it met with the approval of the City Council. It was seconded by Mr. Metts and unanimousiy passed. I AUDITORS SENIANNUAL REPORT - County Auditor T. D. Love, Jr. made his semiLannual report which showed the fis- cal year's revenues being received as anticipated and the tax collections better than 70%. Total revenues received amounts to 53% of the estimate. A brief review of the expendi- tures showed that they are in line with the appropriations, being 48% of the total. He „ called attention to two items which seemed out of line to him, i.e., the Community Hospital B and the Publie Welfare Department. RECORDER1S COURT MONTHLY REPORT County Auditor Love reported that for the month of December, Recorder's Court shotaed $13,488.78 and for the month of January 1964, $14,855.86 , and that $10,000 from each of these funds went to the County and the balaLnce• to various other items provided by law. He stated that the Recorder's Court office was in better shape than it had been in a long time and that it was being handled in a business-like way and is in good condition. AGREEMENT OF PUBLIC ST'GNT:TORIES The County Auditor, T. D. Love, Jr., reported that he had a request for a signa- ture card permitting the removal of New Hanover County pledged securities from the custody of New York banks to the Federal Reserve Bank in Charlotte and permit the substitut.ion of an equal amount of par value of U. S. Treasurer obligations, or any North Carolina state, county or municipal obligations to be made without prior authori2ation from the public offi- cials. He suggested that someone be desianated and,authorized to release these securities and sign the signature card. After a brief discussion, Mr. Braak moved that the request be granted for moving the securities to the Federal Reserve.Bank in Charlotte and that Mr. T. D. Love, .lr. be authorized to sign for the County to release the securities. It was seconded,by Mr. Mayhan and unanimously approved. DFtAINAGE-PROBLEMS - Nr. L. Paul Stanley, as spokesman, for a group of citizens in the Fernside Sub- division in a section between N. C. #132 and the Atlantic Coast Line Railroad presented tW0 petitions from citizens in those communities along U. S. Highway 17 in the neighbor- hood of Lullwater Drive stating that the area is a frog pond and hindering the development of tP area of the community because of the water in certain seasons of the y,ear. He point- edfthat the conditions are deplorable and unsanitary. He also claimed that the ditches i and drains are clogged and filled with trash impeding the natural flow of thesurface.water. I He also stated that the natural flow in the area is restricted by the Highway"and railroad 'i embankments crossing the area. •They respectfully request the Connty to provide improved and ? permanent drainage for the benefit of the property owners who are concerned about the fut- ure development and potential improvement which will increase the taxable values in the I? County. The Chairman thanked Mr. Stanley for his presentation and promised that the probiem would be investigated and receive proper attention. The County Attorney advised that legally the County did not have responsibility for drainage. Mr. Wallace C. Murchison stated that, J. W. Murchison Co.'is buildiing in that area and the water level is so high that it was hin- ?i dering the contractor from pouring the footings but he had solved the problem, at least temporarily, by cutting a ditch around the boundary of their property. The Chairman again thanked them for their interest in the problem and assured them that it would receive every consideration possibie, CORONER RADIO EXPENSE - County Auditor T. D. Love, Jr. reported that he had received an invoice in the ? amount of $35.00 from L. Starr McMillan for moving the radio from the former coroner's car I into his car and there are no funds for it. After a brief discussion, Mr. Mayhan moved that $35.00 be appropriated from the General Emergency Fund to Coroner - Repairs and Main- tenance Fund to cover the cost of this charge. It was seconded by Mr. Braak and unanimously approved. HEWLETTE MEMORIAL PARK - Mr. E. L. Singletary, representing the Young Men's Civic Club of Masonboro Sound ! presented sketches of a proposed recreational park on property owned by the Hewlett family. He states that the Hewlett family have no idea of disposing of it at any tirre in the for- seeable future and while he does not have a written lease or agreement, they have promised to allow the negro citi2eas to develop it as a playground. He stated ttiat the people in I the neighborhood would like to contribute as much of their own labor as possible in clear- I ing the underbrush and the construction of the shelters. The Hewlett family have agreed to'-_ have all of the large trees on the property cieared for pulpwood but they will need assistance in the clearing of the stumps which are left, materials for the shelter buildino, as well as funds for a water pump and well. He estimates-the building materials at from I$280.00 to $300.00 and 1,000 brick which would cost approximately $1+5.00. In the d`iscuss- ? ion which followed, the Commissioners suggested that the name be changed from the Hewlette Recreational Park to the Hewlette Memoriai Park and that our Maintenance Supervisor, J. S. ?/. . r Februar _v 17,1964__Continue I HEWLETTE MEMORIAL PARK - (continued) Minutes of the Meetinq. Februar _Y LZ,-19bla---routinue.d Roberts, act as an overseer for the buildings. This was agreeable to the Committee and Mr. Mayhan offered a motion that $350.00 be appropriated from the General Emergency Fund to the Advertising and Industrial Developmenti Fund and that the project be approved and invoice paid for materiais up to that amount. It was seconded by Mr. ! Metts and unanimously approved. The Executive Secretary was authorized to act as agent for the payment of the bills. LATE LISTING PENALTIES - The Tax Supervisor reported that a representative of the estate of Mr. R. M.' ' Roberts had complained about penalties and interest on properties owned by it. He .reported that Mr. R. M. Roberts died in August of 1962 and that his widow did not know? ,about the require,ments of listing property for taxes and, therefore, it was not listed rand likewise in 1963. The penalties and interest amounts to $86.57 which they request' ?be abated. The Tax Supervisor does not have authority to make such adjustments and so ?e was asked by the representative of the estate to present it before the Commissioners or their consideration. After a review of the facts, they sustained the opinion ,of the Tax Supervisor that it should not be abated. ? RECORDERVS REPAIR BILL - A bill was received from W. K. Rhodes,Jr, in ttie amount of $50.00 covering the cost of insulation in the intake duct of the air conditioning system of the Recorder'ts Courtroom. This cost was in connection with the lowering of the ceiling in the Court- room but was not included in the contract for the ceiling work. The attorneys author- ized the work done and paid the contractor. After considering the circumstances and the fact that it would have cost considerably?more to have this work done after the ceiling had been lowered and the grill replaced on the air conditioning intake, it was , a proper charge for the County and upon motion of Mr. Broadhurst, seconded by Mr. Metts the Board unanimously ordered the invoice for $50.00 paid to W. K. Rhodes, Jr. as re- imbursement out of the Court Hovse Repairs and Maintenance Account. SCHOOL CROSSING GUARD - I A letter from Calvin L. Lane, Principal of the Alderman Elementary School, requesting a crossing guard at the intersection of Canterbury Road and Alderman Road was transmitted and approved by Dr. Wm. N. Wagoner, Superintendent of the New Hanover County Schools. After considering the request, the Board unanimously, by common con- sent, ordered the Executive Secretary to write the Superintendent of Schools, with a copy to the Principal of the Alde.rman School and advise them that they approve the transferring of any of their present crossino guards to the Canterbury and Alderman Road intersection and they will consider a permanent crossing guard at the next Budget setting time. ? WELFARE LIENS - • Miss Lela Moore Hail, Director of the Public Welfare Department, and the Welfare Board presented the matter of the collection of welfare liens to the Board for consideration. She reports that in 1957 the Board entered into an agreement with the State to collect welfare liens on the basis that the attorney would receive a fee of 10% of the amount collected but since that time the General Statutes have been changed and now the law ailows 25% of the amount collected to be paid to the attorney for handling. She reported that up until about 18 months ago, no file was kept on the liens which have accumulated since 1951 and there is no quick record of knowing exactly how much or how many are outstanding. Every lien is recorded in the Clerk of Court's i office and the present need is for an attorney to check out and determine how many are outstanding and how much money is involved that is possibly collectable for the County. On several occasions, cases have come up in which the Statute of Limitations has pre- vented the collection of mon.ies due the County from recipients of grants who died be- yond the limitation time. She reports that there is some confusion at present as to where the responsibility of the County Attorney and the agreement entered into with the Solicitor ends in handling the uniform reciprocal non-support. There is a need to determine the demarkation between the responsibilities. By common consent, after con- siderable study, the Gommissioners referred this matter to Cbunty Attorney L. Bradford Tillery and asked him to study the matter and make a recommendation for handling it. i ? WELFARE APPROPRIATIONS Nr. F. P. Fensel, a member of the Welfare Board, presented the followino problems. At present, they need an additional $7,000 in the Budget to cover the cost of chiidren in foster homes. He cited three cases which developed over the past weeker in which children were discovered being neglected and mistreated and had to be taken care of by the Welfare Department. It goes to show how difficuit it is to make an estimate in the Budget that would adequately care for their needs when the number of children requiring help is so uncertain. The need for clothes for these children also will require an additiona2 $1,000. The fund for medical attention to the indigents is also overdrawn and will need $1,000 adtition. Mr. Fensel explained that in the employment of the two additional personnel ? authorized at the January 20th meeting, it is necessary to purchase typewriters and equipment for them to work with which will cost $490.00. Mr. Braak then offered a motion that $490.00 be transferred from the Welfare - Salary Account to the Welfare- Capital Outlay Account for this purpose. I.t was seconded by Mr. Mayhan and unanimously approved. He stated that it is impossible to determine how many people will need trans-I portation to or from State Institutions who are th'?e responsibility of the County. In this fund an additional $600.00 is needed which also includes Juvenile Court mileage for the Wilmington Juvenile Court. He also stated that it is necessary to have medical evidence for disability in receiving grants under the A.P.T.D. Program. The cost of examination is $5.00 of which $2.50 is borne by the County and an additional $1,000 is needed to continue the ? concentration of this program. After a discussion of the various factors included, Mr. Mayhan offered a motion that $10,600 be approved for transfer from the Welfare- Salary Account'to the following Welfare accounts: Continued - Minutes of the Meeting February 17th, 1964 Continued N WELFARE APPROPRIATIONS- - (continued) $7,000 for Boardino Home Care I $1,000 for Medical attention for children $1,000 Clothing of Boardino Home Children ' $1,000 Medical examinations under APTD Program $600 Conveyance of indigents. I The motion was seconded by Mr. Braak and unanimously carried. I General Weifare - Mr. Fensel thanked the Board for their cooperation and sta•ted that the Welfare Board was trying to keep all of their costs down and live within the Bud- get so far as it is possible. He recommended that a review by made of the requirement of one year's residency before being eligible to receive assistance for non-residents. At pre- sent, all the Federal programs require a year's residence as our General Assembly included that in the State law. It is the feeling of the Board that since many oLher states do I not require the year's residency, it would be well for the Commissioners to discuss this matter with the law makers and other County Commissioners. The Chairman invited the Wel- fare Board to attend a district meeting scheduled for 10:00 A. M., Thursday, February 27th in Kenansville at which time a number of welfare matters will be discusse'd. He stated it , would be a good time to bring up the residence requirement. COUNTY - CITY SAFETY CObMISSION Chairman Hall reported that plans are being made for a County- City Safety Com- mission to replace the old Traffic Safety Council which is inactive. The functions of the proposed new organization are as follows: A. To meet regularly and analyze safety needs of the community. I ?i B,_ To coordinate the safety activities of all agencies. C. To educate the.citi2ens of the community in those areas where needed. D. To act as a clearing house for all community safety problems. I E. To initiate and conduct surveys as and when needed to eliminate safety hazards of whatever nature effecting the Greater Wilmington area. h F. To assign responsibility for education and/or training to the proper group through group representative. G. To develop cooperation on the part of the public in various safety programs and and activities, using public volunteer workers in such programs. (Subsequent to the meeting, letters were received announcing a Traffic Court Conference by the Institute of Government February 27, 28 and 29 inviting all interested to attend. A II letter was also received announcing that Mr. H. U. Hawley, Field Representative for the N. C. Traffic Safety Council, Incorporated,would meet with all interested persons at 2:30 P. M. on Monday, February 2(}th in the City Council Chambers to explain and give information on the Citizens Traffic Councils. The Commissioners are urged to be present.-, Mr. Hall explained that in organizing another Safety Council, it would operate vnder a different concept from the old one. He instructed the Executive, Secretary to ask Mr. Burke to meet i,with the Board at their next regular meeting and explain the 3etails: 'FORT FISHER RESTORATION- Detailed plans for the restoration of the palisades at the Fort Fisher State IlHistoric Site was presented including estimates of the cost amounting to $4500. Although an appropriation was included in the Budget for this work, the State Department of Archives and History wanted to keep the Board posted as to the way the money was being spent. No action was required, except it mettheir approval,by common consent. SUPERIOR COURTROON CHAIRS The Chairman informed the Board that he had been called in conference with the Presidiny Judge of Superior Court who advised him that the chairs being used by the attor- ney's witnesses and other court officials were noisy and squeaky which slowed down the operation of the court. After makino a personnel investigation of the matter, he found it was due to loose joints in the chairs which are being used and there is no known way of stopping it. He had instructed the Executive Secretary to secure bids on steel chairs Ilto replace them. He opened and read the following bids: J. M. Weeks Office Equipment Co. Less 20% 18 chairs l}" seat cushion @$38.25 each total of $688.50 Total $550.80 18 chairs 2" seat cushion @$36.25 652.50 " 522.00 i All steel chairs, upholstered seat and back with glides - IlCoastal Office Equipment Company Less 15% 18 Steel, side armchairs, upholstered @$!}6.25 each Total $707.62 Plus N. C. Tax 21.23 ? $72b.b5 After a brief discussion, Mr. Braak offered a'motion that an ordeb/eplaced for 10 chairs with 4" ciashions at $38.25 each. It was seconded by Mr. Nrayhan ar?d unanimously approved. p I 'A F' 296 Minutes of the Meeting February 17, 196(} Continued NMtiULFUVUt StKUl(:L - HESC:UE SQUAD The Chairman reported that it had come to his attention that the Rescue Squad had recently announced that they would supply free ambulance service for the Connty. He stated that it was his understanding when the Tate Ambulance Company li agreed to establish a service here in the County that the County would not support any ?I other ambulance service and that since the County had paid insurance on some of'the vehicles used by the Rescue Squad he feit that it was not ethical. He has been informec by the Civil Defense Agency that it likewise is a violati.on of the proper use of the vehicles which i?ere secured through that agency and in which title is still vested in ttie Civil Defense Aaency. The Execvtive Secretary was instructed to investigate to see if it is feasible to cancel the insurance and recover a portion of the premium. (After discussing the cancellation of coverage with the Civil Defense Director, Mr. Spotswood t. Huntt, it was decided that the coverage should not be cancelled until after the vehicle:' were safely in their possession. The Rescue Squad refuses to give up the vehicles which makes it necessary to take legal stgps for their recovery.) COUNTY FARM AND HOME - ° Commissioner Braak, who is the County Farm and Home Committee, stated that he would like to have an expression from the Board as to how they felt about the con- tinuation of, operating another year. If it is decided to operate the farm another year it will be necessary to employ a farmer, as well as begin preparations of the farm for the crops to be planted. The Chairman explained that he had requested the County Auditor to make a comparative study of the cost of operating the Farm and Home and assur the Board that he would have some figures for their consideration at the next meeting and they could make a decision at that time. (The Executive Secretary was instructed to remind the Auditbr to have the figures ready.) REPORTS - The fo'llowing reports were reviewed and ordered filed for reference: 1- County Agricultural Agent's Report for January 1964. 2- New Hanover Memorial Hospital Revenue & Expenditures from January 1,1962 to December 31, 1963. 3- U. S. O. Report for January 1964 !}- Wilmington Public Library Report for January 1964. ADJOURNMENT - Upon motion of Mr. Metts; seconded by Mr. Mayhan, the oard u nimously voted to adjourn. _ . /]A/ ,4 W. g6. Wouc'k;Executive Secret?ry Wilmington, N. C. March 2, 1964 ASSEMBLY The New Hanover County Board of Commissioners met on this date at 9:00 A. M.I in the Commissioners' Room of the County Court House with the following members in attendance: Chairman J. M. Hall, Jr., Commissioners Peter H. Bra?k,?? Ernest R. May-, han and John Van B. Metts, Jr., County Attorney L. Bradford Tillery and County Auditor T. D. Love, Jr. * L. E. Broadhurst , INVOCATION - Chairman Hall called the meetina to order and asked Reverend R. L. Bame, Pastor of the Fifth Avenue Methodist Church, to open the meeting with a prayer of guida ce. APPROVAL OF THE MINUTES - I Upon motion of Mr. Metts, seconded by Mr. Mayhan, the minutes of February 17th, copies having been mailed to each of the members, were unanimously approved. - ' COUNTY PLANNING AND ZONING Mr. Henry E. Miller, President of the Wilmington Building Contractors ? Association, appeared before the Board in support of the recommendations made by the County Planning and Zoning Board on ,lanuary 31, 1964 and recorded in the minutes of February 3, 1964. He reported it is the opinion of the Associatidn that the Connty should have a competent Building Inspector not just someone to issue permits and collec fees. He suggested the feasibility of having a combination Building and Electrical ?? Inspector which should be on a self supporting basis. They recommend that it be tied in with the City Planning Board in order for them to work together but there should be ? a County Inspector controlled by the County Planning and Zoning Board. He further j recommended that an ordinance be passed to standardi2e the buiidings in the County, particularly in:small construction where a code is most needed. He stated that the General Statutes had passed an Enabling Act for this purpose and pledged their coopera- tion. The Chairman thanked Mr. Miller for discussing this important matter and sug- gested that the recommendation for the ordinance be passed on to the County Planning ? and Zoning Board for their consideration. (The County Planning and Zoning Board has a meeting scheduled for Thursday night, March 5th and invited representatives from the Wilmington Building Contractors Association.) SENCSA - ? Director Mr. W: C. Mitcham, Executive/of SENCBA appeared before the Board in support of letters which were read by-the Chairman requesting that the Board appoint two repre- sentatives to serve as members of the Board of Directors for SENCBA, one of which should be the Chairman of the Board of County Commissioners and recommending that the continued- ` I ' ?? ?