1964-06-19 Special Meeting... F
tes of
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APPROPRIATION -
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he Executive Secretary reported that the Auditor had informed him that the
Travel of the County Commissioners Account was exhausted. He recommended that
$500.00 be put into it to cover Lhe cost of travel for the rest of this fiscal year.
Mr. Metts then moved that $500.00 be appropriated from Unant3cipated Revenue to Com-
missioners' Travel and it was seconded by Mr. Braak and unanimously approved.
ELECTION COSTS - I
The County Auditor reported that he had received an invoice from the Chair-
man of the Board of Elections amounting to $2750.00 for personal services and $1750.00 I
for office expense to cover the May primary. This, he pointed out is $250.00 more
than the previous Chairman's personal expense and $500.00 more than his office costs.
He asked the Commissioners for guidance in what to do. •After a,,brief discussion, Mr. ry
Metts offered a motion that the Chairman be paid on the same basis as his predecessor,
that is, $2500.00 for personal expense and $1250.00 for office expense with the under-I
standing that the Chairman of the Board of Elections could appear before the Board of
Commissioners and they would listen to his explanation of the additional costs. It
was seconded by Mr. Braak and unanimously approved.
RECORDERIS COURT REPORT -
A discussion arose ovet some apparent trouble in the Courts with reference
to warrants and important papers being carried out and misplaced. The County Auditor
reported that funds received are being deposited daily and that a system had been
installed for the handling of warrants and any other important documents in addition
to cash, and it is a matter of seeing that the procedure is followed and the records
kept up to date. Mr. Metts stated there had been some question about the records in
the Courts and he wouid like to know if everything was in order. The Auditor answered
that he had checked the records and that the cash is in order. Mr. Metts Lhen asked,
"You specified cash, What I want to know is if the handling and keeping of important
records and documents is in.order?" The Auditor answered that "not only was the cash
in order but the system of control for keeping documents and important records is in
operation but is now neces.sary to see that the systems are followed and kept up to
date." He furthe.r stated that the only thing he knew of that was behind at this
time mas the subject of a letter which he is writing to the. Clerk of the Superior Court
caliing it to his attention. The Auditor was requested by the Board that if any dis-
crepancies either in the money or the system was uncovered, that he inform the Board
of Corrunissioners immediately.
ADJOURNMENT -
There being no further
a motion to adjourn the meeting.
SPECIAL CALLED MEETING
June 19, 1964
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ASSEMBLY
, Execu
tary
A Special Called Meeting of the New Hanover County Board of Commissioners I
was held in the Commissioners' Room in the County Court Hoase on the above at 9:00 y
A. M. with the following members present: Chairman J. M. Hall, Jr., Commissioners A
Peter H. Braak, L. E. Broadhurst, Ernest R. Mayhan, John Van B. Metts, Jr., County
Auditor T. D. Love, Jr., and County Attorney L. Bradford Tillery.
INVOCATION -
The Chairman called the meeting to order and asked Reverend Jerome C. Jones,
Pastor of the First PTesbyterian Church, to open the meet3ng with a prayer for guidance,
NOTICE -
Trie Executive Secretary had conformed with General Statutes 153-8 by giving ?
written notice to each member of the Board of this called meeting and posting a copy
on the Court House Bulletin Board on May $th, 1964.
APPROVAL OF THE MINUTES
The minuLes of the regular meeting held on June 1, 1964 and the special
meeting he2d on June 11, 1964 for the purpose of opening bids and awarding contracts
for the erection of two jail cells,, copies of which had been mailed to each of the
Commissioners but which had not been received by them, could not be approved until a
12ter date, The Executive Secretary.r.equested that they change one word in the regular
minutes under the caption "FEHERAIl. EXGEP.TiON" from "Auditor" to "'Welfare Director".
VOLUNTEER FIRE DEPARTMENT - II
Mr. Kenneth M. Sprunt appeared before the Board and stated that he repre-
sented the Wrightsville Beach Volunteer Fire Department. They provide fire protection '
to Harbor Island even though it is in the Seagate Volunteer Fire Department District
because of the drawbridge across the Inter-Coastal Waterway. He reported that the '
majority of the Volunteer Fire Department men live on Harbor Island but were unable
to hear the fire alarm from Wrightsviile Beach when they were given a cali and that
fortunately no ma,jor fire had occurced. The last three fires, on2y a few volunteer
firemen received the alarm and it is important that they have a telephone fire alarm I
system so that each wil.l receive the alarm automatically. The total volunteer fire- ^
men ranges between 17 and 20 and the system would cost $90.00 per month, of which the
the Wrightsville Beach Town Aldermen are willing to pay $45.00 or one-half, and they II
request the County to contribute the other half, or $45.00 monthly. Mayor L. C. Rose
stated that the Town of tidrightsville Beach maintains the fire hydrants without cost
to the residents and urged the Commissioners to give this request every consideration
during their Budget deliberations. Chairman Hall thanked them for their presentation
and stated that the matter would be properly considered at Budget time. i,
busines to,come before the Board, Mr. Metts made
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Minutesof the Special Called Meeting Jjjne 19, 1964 (Continued) _
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RECORDERIS COURT - The Chairman stated that he had invited Recorder Judge H. Winfield Smith,
Solicitor John M. Walker, Auditor T. D. Love, Jr. and S.he Clerk of Superior Court, H.'
Foster Edwards, to meet with the Board to determine if there was a problem•which should
be straightened out.. He said that he had heastlrumors of lost records and even some
money shortages and that if it is a matter of archaic record keeping, that is one thing
but if there is dishonesty involved, that is an entirely different tliing. He then •
asked Mr. Love to make his report which is as follows:
• "I am not here to criticize or uphold but to give you facts I have run into
and to recommend. All warrants are pre-numbered and have been for some time. They
are 3n the custody of the Clerk of Superior Court and his Deputy, Clerk of Recorder's .
Court: These warrants are issued to various law enforcement offices and a master sheet
is kept to keep a record and final d.isposition of these warrants. This is kept in
Recorder's Court Office. This is as it should be and this office should be in a posi-
tion to locate all warrants at all times. This is not an easy task as various ramifi-
cations are involved. When a warrant has been issued against a defendant, it is for-
warded to Recorder's Court office and this office then places it on a Docket and gives
it a docket number. The warrant remains or should remain in this office until it is
carried to the Recorder's Court Room, The handling of these warrants leaves a lot to be
desired while it is there. They are carelessly handled and available to any number.of.
people. I have seen lawyers, law enforcement offi,cers, and others have access to and
handle any number of warrants. I have recommended and urge that this practice be stopped.
(When I say be stopped, I realize that a defendant has a right to see them.)
• A record is made for the Judge of Recorder's Court and on the day the defend-
ant is supposed to be tried, the warrants are carried out and delivered to-the Solicitor
of Recorder's Court. He begins the prosecution. While the warrants are in his possess-
ion, they are spread on h3s desk before him. While there they are easily handled by
lawyers, law enforcement officers and others. I.have personally seen this and have been
informed that bondsmen and defendants have been seen handling them. I saw one lawyer •
handle as many as eight warrants at one time a distance from this desk.
When the trial is over•quite often the warrant is handed to the defendant and
he is told to take it to the Cierk and pay his fine and costs if this is the case. I
have been informed that defendants have put the warrants in their pockets. A law enforce-
ment officer has stated that he recently arrested a young man for the second time and
the law breaker had his•receipt and the warrant. ,
At the end of the day, the Clerk gathers up his warrants and goes to his office.
I do not believe that he checks to see if he has the same number of warrants he brought to
the court room. If the case is completed, they are then filed away in his office.
A l'arge number of the cases are not completed but are delayed for one reason
? or the other. At the end of the day, a-capias is issued for those who have failed to
appear and these are scattered all over the country but mostly in one immediate territory.
A considerable time elapses hefore anything is heard from these capiases. During this
time, the warrants are easily accessible to anyone in the office and are rifled through
by interested parties. I suggest•something should be done to try to have. these capiases
V served more promptly. •
I think you can see from this that'there is a considerable amount of careless-
ness in the handling of these warrants. Good housekeeping should be immediately institut-
' ed. During my investigati'on, I have heard any number of truths, insinuations, and
I statements that could not be proved and suppositions. There are undercurrents of various
' kinds,•personal dislikes of Tong standing, accusations which no one wants to prove. The
I various agencies of the Courity involved stiould be calied upon for strict cooperation
I among their offices and constructive criticism should be weicomed.
fl I have been told that trusty prisoners have keys to various offices and I}cnow
that_things have been stolen from my own offices. They were later recovered and these
trusty prisoners were the culprits.
The operation of the Recorder's Court office is not my responsibility. It is
directly under the Clerk of Superior Court. Any responsibility that I have I am ready,
willing and able to assume. I check the financial matters of the office but when no
records are made or are not available, they cannot be checked. There are numkr.ous records
that must be made.
Siiqqested Procedures
Question of Management. Regular routine procedure of handling affairs of office. I
have checked and found that court will average being through - by `-- 2:00 P. M. each day.
I recommend the following:
I 1- Clerk of Superior Court to assign one of his staff each morning to help prepare for
court. All warrants docketed, entered on Judge's record, and entered on master control
sheet. Then they are ready for couri.
? 2- Warrants are delivered to the Solicitor or called by the Clerk and one by one. If
50 warrants are carried to the courL, 50 should be on hand at the end of court. During
the court, the docket book should be posted as to the disposition of the case. The re-
ceipt written and entered to the cash book. When the court is over (2:00 P. M.) these
records should a11 be through with.
3- Upon return to office - Transactions are then entered on the minutes. All warrants
that have been processed should be filed away. Capias issued and copy attached to the
incompleted warrant and the warrants properly filed.
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Minutes of the Special Called Meeting June 19;, 1964 Continued
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RECORDER'S COURT - (continued) f ?
4-. End of dayreceipt *books to be added and cash balanced and deposit prepared coverfing
the day's work.
5- There are numerous other details to be done but office help should do this durlng the
day."
The County Attorney then read the law on the duties of the Clerk of Court stating briefly
that he shouid keep accurate records,provide permanent documents and proper files. He
also read the section of the law describing the methods of keeping all books and funds.
Mr. Love stated that he can not guarantee every detail of every office but that he knows
what is his responsibility and is ready and willing at all times to assume tt. W. Broad-
hurst stated that this is_an old story:and that the Auditor keeps saying everything is all
right but time proves that it is not. •
The Clerk of Superior Court, H. /Foster Edwards, says that the County Auditor makes
a monthly report on the operation of/Recorderls Court each month to the Commissioners,
however, he never receives a copy. ? He read a letter written to the Wilmington Chief of
Police back in August 1955 outlining how warrants should be handled. At that time, the
C. P. A. who rmde the annual independent audit recommended that,all warrants issued by
law enforcement agencies in the County shouid be accounted for and recommended that they
be pre-numbered. It is recognized that it is difficult to,specifically account for each
warrant at a particular time, especially when warrants have been drawn but remain unserved,
At that time, he recommend'ed that the C.P.A. make spot checks from the stuhs through the i
indices to the warrants and ,judgement dockets to ascertain that everything agrees. By
the same token, they should spot check the unserved warrants that are "open!' whicli are
filed in the records division. In event warrants are "spoiled", or for cause voided,
they should be kept together and periodicaliy,filed for storage. The idea of pre-numbere
warrants has been discussed with all heads of law enforcement agencies in the County, the
County Auditor, as well as the C.P.A. firm making the independent audit. It likewise
was unanimously approved by the Board of County Commissioners. "I am confident this
system will work", he said, " and have a wholesome effect on the police officers by assurirIg
them that all warrants would be properly accounted for". In 1•963, he recommended that al]
warrants issued by the City Police Department be brought to the Court House on a daily basils
and turned over to the Deputy Clerk handling Recorder's Court records and get a receipt
therefor. He?has since ordered all bonds made in duplicate so that if one is misplaced,
he would have a copy which would enforce better control than ever. He has come to the I
definite conclusion that additional help is needed. I
Mr. Hall observed that no requesC for additional help had been made to the Ii
Commissioners although the matter was discussed a year ago. He further stated thati there I?
seemed to be a difference of opinion in that both the County Auditor and the Clerk of 'i
Superior Court says there is no shortage whereas the Solicitor of Recorderts Court says '
there is a shortage and that something is wrong. He again called attention to his posi- I,
tion that if dishonesty exists, it should be gotten to the bottom of and clear the suspi-
cion from others,, i
The Solicitor of Recorder's Court, John M. Walker was the next person to criti-
cize the record keeping. He stated that "It is more than just a rumor that money is
missing from the Court and there are people right here who knota the answers to this pro-
blem. There is a shortage. No certified public accountant worth his salt would come
in here and check the system and say everything is in order. I say that money is miss-
ing and I say that there are crooks involved. While I may not know what is causing
the stink, I know an oddr when I smell one. No department in the County is clean. 'There
are some crooks here who have the run of the Court Honse. They are thugs and if they`,were
arrested today, they would subpoena 90% of the elected officials as character witnesse? an?
not one of them would say anything bad against these crooks. It is a shortsighted poli?y
to pay people small wages and give them big responsibilities. There are a few honest peo)le
who come up to Recorderts Court but most of them are the scurr, of the earth, always-ready
to make a fast buck. 'If a person smelis like a skunk, I wiil not call him a rose i\pri-',
vate, public or anywhere else. I do not believe that Deputy Clerk of Court Humphrey i's I
at fault. If you run him off today, you might find $10,000 missing tomorrow. There is
no such thing as a fool proof system but I do think it can be improved. I suggest that I?
a full and impartial investigation be made by an independent organization svch as the
State Bureau of Investigation."
Judge H. Winfield Smith stated that conditions are not proper but that he
watches the prisoners deliver the warrants to the Clerk and in' the case of the missing
warrants, if it had not been for a duplicate he would have never known that it was miss-
ing. He stated that it is not the purpose of the Court to make money but to dispense
justice but that after a fine has been set, then that money is just as much County money ?j
as any other, therefore, he is interested in seeing that it reaches the proper channels. '
It is his opinion that the court is vnderstaffed and that the Auditor should assign a
person to handie the money and an entirely different person to keep the record. Although
his only job is to render judgments, he is interested in the proper handiing of the Court
'and must bear some of the blame or some of the suspicion if any is due.
After a brief discussion among the Board members, Mr. Mayhan offered a motion I
that the State Bureau of Investigation be requested to make a full and impartial investi- ?
gation of this matter with reference to missing warrants, and other important court record;
as well as money and bondsmen, and let the chips fall where they may. It was seconded
by Mr. Metts and unanimousiy approved with the und'erstanding that the Chairman woul'd con-
sult the Hon. Rudolph I. Mintz and notify him of the action taken.
Continued-
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30. 14
Minutes of the Special Ca11ed_Meet.ino--Jun.e-19_-A9-61, !'nrfi,?s?ue:d_ _
" RECORDER'S COURT - (•continued) (This paragraph duplicated by error.) I- i
After a brief discussion amony the Board members, Mr. Mayhan offered a mot-
ion that?the State Bureau of Investigation be requested to make a full and impartial in-
vestigation of this matter with reference to missing warrants, and other important court
records, as weil as money and bondsmen, and let the chips fall where they may. It was
se¢onded by Mr. Metts and unanimously approved with the understanding that the Chairman
II Would consult the Hon. Rudo2ph I. Miritz and notify him of the acLion taken. . ?
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StudY Committee •- Compiying with one of the recommendations made by H. Win-
field Smith that some sort of system be established to keep things like these from hap-
pening in the future, Mr. Metts moved that the Chairman be authori2ed to appoint a Com-
mittee charged with the responsibility of studying the p,ritire court systems, and bring in
recommendations of a method of keeping court records prevent future occurences of this
. kind. It was seconded by Mr. Mayhan and unanimously adopted. The Chairman then named
Judge H. Winfield Smith, who will act as Chairman of he Committee, H. Foster Edwards,
T. D. Love, Jr. and J. M. Walker.
Bondsmen Investigation - Mr, Broadhurst then offered a motion that the in-
vestigation called for by the State Bureau of Investigation include the activities of ail
bondsmen. It was seconded by Mr. Br2ak and unanimously carried, The Chairman thanked
all those preseut for coming and giving the information which they had and expressed the
opinion that any public official should always fee2 free to report anything wrong with
public activities. '
ELECTION COSTS - `
A discussion arose with reference.to the election costs for the Primary held on
My 30th and after briefly discussing the matter, in which permanent registration and vot-
ing machines were considered as a possible method of cutting down the seemingly high cost,
Mr. Metts offered a motion that the County Auditor be directed to make a breakdown of the
election costs using the present system and using a permanent registration, and in addi-
tion, the estimated cost, if both the permanent registration system and voting machines
were used. It was seconded by Mr. Braak and unanimously passed.
"The Chairman read a letter from Mr. Harry S. McGirt offering his resignation
as an Appraisor for the County, to become effective on July 1, 1964. He thanked the Board
of Commissioners for their splendid cooperation and assistance. Upon motion of Mr. Metts,
seconded by Mr. Broadhurst, the Board unanimously accepted the resignation and ordered that
a Resolution be drawn in recognition of his fidelity and faithfulness in his service to his
County and thank him for his contribution to the development and growth of New Hanover
County.
TRANSFERS
Mr. Braak reported that the Welfare Board requests a transfer of $200.00 from
the Welfare Department "in County travel" to "out of County travel", and the Chairman read
a letter from the Register of Deeds requesting a transfer of $200.00 from Salaries to Cap-
ital Outlay. After considering these two requests, Mr. Metts offered a motion that the
requests be granted. It was seconded by Mr. Braak.and when the ballot was taken, Messrs.
Braak, Mayhan and Metts voted for the motion while Mr. Broadhurst approved the transfer
for the Register :of Deeds Office but requested that he be recorded as voting "No" on the
Welfare Transfer, The Chairman, however, ruled that the motion wa-s approved by ma,jority
vote.
COMMUNITY HOSPITAL -
Mr. Wm. D. Campbell, Chairman of the Board of Directors and Charles L. Anderson,
Administrator of Community Hospital, appeared.before the Board and advised that they were
in dire need of $20,000 to complete the fiscal year due to some unforseen expenditvres.
They reported that the revenue received from paying patients exceeded the $20,000 which
they needed so that ?it?could come from Unanticipated Revenues. After a discussion of
this problem, Mr. Broadhurst offered a motion that the request be granted and that $20,000
be appropriated out of Unanticipated Revenues of the Community Hospital so long as it did
not exceed the income. It was seconded by Mr. Metts and unanimously approved.
SENCBA
Mr. J. Vivian Whitfield, Secretary of the Southeastern North Carolina Beach
Association, along with its President, Mr. L. C. LeGwin, Jr, and a member of the ?Board of
Directors, Glenn M. Tucker,reported that in view of the fine job that had been done in the
past year by the Association on a limited total Btidget of $8,000 they were running a little
short of funds at this time and asked the Board if they might supplement their appropria-
tion to compiete the fiscal year. Mr. Whitfield reviewed the activities of the Associa-
tion and its accomplishments but stated that in the long run it would eventually be forced
to become a pax.t of a multi-county - oreanization, probably embracing the SENCLand Develop-
mentAssociation,the Committee of 100, and any other promotional organizations seeking to
attract visitors to our area. The time has come to have a stabilized Budget because it
is hard to give $1.00 worth of service for .501. After considering the request, Mr.
Metts offered a motion that.$300.00 be appropriatied out of Unanticipated Revenue to the
Advertising and Industrial Fund and that bills up to that amount be paid for the SENCBA
to give them a breathing spell and time to contact other counties or interested groups who
might make an additional contribution. It was seconded by Mr. Playhan and unanimousiy
adopted. BOARD OF ELECTIONS -
Mr. Otto K. Pridgen II,, Chairman of the New Hanover County Board of Elections
reported that it has been necessary to overhaul the election booths and build 100 new
baliot boxes, all of which has contributed to the additional expenses in connection with
a two-party primary where additional ballots had to be printed and more persons used in
the precinctts work. He again made a plea for moderninzation of the election machinery
in the County and urged a full time office. He estimated that the run=off primary will
cost between $6,000 and $7,000. The Board agreed that he would have to continue with
the second primary but delayed making any appropriation until the exact cost has been de-
termined.
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Minutes of the Special Called Meeting June 19, 1964 Continued
RECESS - ! ?
The Chairman explained to the Board that a luncheon meeting was scheduled
for one o'clock P. M. with the New Hanover County Board of Education at Fisher's Res-
taurant and declared a recess until 2:30.
RECONVENTION
Complying with the recess above, the Board reconvened at 2:30*P. M. for the
purpose of tontinuing all of the d3scussion of the Agerida and complete the transaction
of any business properly coming before the Board. Mr. P. H. Braak was unable to re-
turn after the recess.
ROAD PETITIOIVS
Petitions were received from property owners living on Bedford Drive in the
Pine Valley Estates Subdivision and Rose Averiue Extension in the Breezewood Subdivision
for adding them to the State maintained Secondary Road System. After consideration
of'the request,•the Board, by common consent, directed the Executive Secretary to send
them to the State Highway Commission for their consideration.' BEER PERMITS -
The followin.g applications were reviewed by the Board for Beer Permits:
1- Leo Crawford McDonald T/A Lillie's Grocery . 320 Dawson St.
2- Vir. Haywood Sellars T/A Sellars' Grocery 225 S. 13th St.
3- Mr. J. B. Steele T/A Steele's Cafe Carolina Beach, N. C.
Upon motion of Mr. Broadhurst, seconded by Mr. Metts, the applications were unanimously
approved and referred to the Sheriff for his investigation and consideration.
GRAND JURY REPORT -
The Grand Jury report for the month of June was reviewed and found in order
and directed filed for future information.
WELFARE LIENS
A letter was received from Attorney David H. Scott, stating that he repre-
sented the Citizens Savings & Loan application and that Mrs. Julia N. Powell, widow,
had made application to them for a loan in the amount of $2,325 for the purpose of
payiiyg off a mortgage to the Peoples Savings d Loan Association and to repair the pro- '
perty which will be mortgaged as security for the loan. The Welfare Department has a
lien in the amount of $707.00 against the property which is located at 1313 Glenn Street.
He asked that the lien be subordinated to a cleed of trust in favor of the Citizens Sav-
ings 8 Loan Association and that the necessary resolutions be adopted and the notice of
the subordination attached to the lien notice recorded in Lien Book 2; page 40. After
considering this request, the Board unanimously agreed to refer it to the Welfare Board
for their action and recommendation.
EAST WEST HIGHWAY # 74
A letter was received from the Anson County Manager requesting the Board to
appoint some person to represent New Hanover County on a steering committee to promote
the improvement of U. S. # 74 from Wilmington to Ashevilie. The first meeting of the
steering committee is scheduled for Monday, July 13th, 1964 at 12:00 oTClock noon at ,
BowmanTS Restaurant, Wadesboro, N. C. He requests that he be notified of the name of
the representative appointed for this purpose. li
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REPORTS -
The Chairman called attention to the following report,s which were filed for
future information.
1- A letter of appreciation from the President of the A. C. L. Railroad in ack-
nowledgement of the action taken by the Board with reference to "Life is Good and Busines,
is Booming" used in the last, issue of the Coast Line News. I
2- Letters from various Congressmen acknowledging the appreciation of the Board
for their support of the Northeast Cape Fear River Pro,ject.
3. Assistance Estimates for NewHanover County 1964-65 Board of Publ•ic Welfare.
4. Cooperative Extension Report.
5. Wilmington Public Library Report..
ADJOURNMENT -
Mr, Broadhurst then moved that the meeting be adjourned and to meet again on
Monday, June 29th for the purpose of accepting the 19647.65 Budget Estimates and other
business to come before the Board. It was seconded by Mr. Metts And unanimously
adopted.
W.
ry
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