1964-08-17 Regular Meeting?
365
Minutes of the Meeting August 3, 1964 Continued
? PETIT JURY - continued
Jurors For Sept. 14th -
Boswell, Robert
Brew, L. F.
Brock, J. O.
Bryant, Charles L. Sr
p Combs, Velma Wilson
Covington, Leonard
Cr•ockett, Ida M.
Crawford, Wardell
IlCrump, A. E. Jr.
' Davis, Jack
Davis, O. W.
Dix, James Edward
Dowe, Sidney M.
Edwards, E. Warren
Farmer, Eliiabeth L
Franks, Mrs. Etta
I Fires, James R.
II Glover, S. T. Sr.
Gower, James Butler
2720 Harrison St.
2226 Ca eilia Dr.
$0$.S. ?}th St.
922 S. 7th St.
2031 Burnett Boulev.
2526 Jefferson St.
17 W. Greensboro St.
Wrightsville Beach,N.C.
RFD 1, Box 228 A.
Castle Hayne, N. C.
RFD 1, Box 272 A.
Castle Hayne, N. C.
P. 0. B 392,Carol?each
RFD 2,
6006 Park Ave.
808 Campbell St. ,
178 Colonial Cir.
617 Market St.
RFD 1, Box 308
2929 Market St.
3112 Wrightsv. Ave.
304 Lullwater Dr.
Jones, James E. RFD 2, Box 382
Johnston, Robert P. 0. Box ?11
Wrightsvil e Beach,N.C
Ke 11'¢'y , C. M. RFD 1, Box 306 J
Kell"ey, C. M. Jr. RFD 1, Box 306 K.
Kilbride, Austin 110 Henry St.
Lamb, Mary Elizabeth RFD 2, Box 357
Lewis, Albert Clifton 313 Adelaide Dr.
Lewis, David B. 124 Morgan St.
Lewis, Ella ' 1008 Green.5t.
Litaker, Walter James Jr. 115 Pine Cone Rd.
Madeley, Arthur L. 338 Long St. Dr.
Malpass, Alexander Jr. RFD 1, Box 4
Malpass, George C. is W. Lake Village
Matthews, Janie Hunt 5025 Oleander Dr.
McCall, Robert D. 2302 Belvedere Dr.
McLean, Dennis W. RFD 2' , Box 81 E
McLemore, John G. 103 Francis Marion Dr.
McLemore, L. G. 406 Pine Valley Dr.
McLeod, M. J. 1238 Fairway Dr. Jurors for the week beqinninq September 21. 1964 - Civil term
McLeod, Robert J. 5 Merrimac Dr. Pridgen, C. N. 308 Wright St.
McNei3d, Kathleen C. 4001 Westover Rd. Pringle, Clifton G. 920 Walnut St.
, McNorton, Mrs. Pearl 3626 C. B. Road Reeves, Ethel Brown !} B. Lake Village
McRea, George R. 114 Pine Valley Dr. Rhodes, Lesley Hoyt 19 Elisha Ave.
Milliken, G. L. Jr. 305 Central Boulev. Risley, Eugene F. Jr. Box 630,Carolina Beach
Mills, Betty 5ue .505 S. 17th St. Risley, Robert H. 1204 Country Club Rd.
Mitchell , H. G. 804 S. 16th St. Robinson, J. J. Gen. Del. Carolina Beach
Monds, John 2013 Barnett Ave. Ross, George W. 2318 Metts Ave.
Nelson, Ralph 609 S. 8th St. Saunders, Leonard 619 Orange St.
Newell, L. L. Jr. P. O. Box 24
Wri
htsv
fieach
N
C Settlemeyer, W.A. P. O. Box 186
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Newkirk, Haywood H. P. O. Box 428 Small, W. D. RFD 3, Box 372
Newton, Mary P. 9 Octavia Lane Smith, A. L. P. 0. Box 1501
Padgett, Dallas L. 301 S. 2nd St. Smith, Billy 2850 A. Jefferson St.
Parker, J. T. 20 Cape Fear Blvd. Smith, Donald Edward 140 Lake Forest Pkwy.
Parker, Julien 3515 Chapel Ave. Stephens, Jerry C. 202 Parkway Blvd.
Pearce, Edna 602 Wright St. Strickland, James RFD 1, Box 203 A.
jPittman, Mildred H. 330 Pine Valley Dr. Tancreile, Louis F.G. RFD 1 Box 104
t
l
iPotter,
! Arnold Ray 2716 Harrison St.
Todd
Lewis S. ast
e Hayne,N.C.
614 Rosemont Ave.
Powell, Francis Broi. me 17.03 Princess St. ,
Tuttle
Anne C. P. 0
Box 565
Powell, Herchell R. 202 Newkirk , .
Carolina Beach,N.C
Powell, Katie B. 3902 Carolina Beach Rd. White, C. W. 2401 S. Front St.
Powell, Mary S. 125 Holbrooke Ave. Wilson, Catherine RFD 3, Box 367
Powell, Milton A. 222Parkway Blvd. Winecoff, Charles E. R. O. Box 1572
;Prevatt, Claude L. 3923 Carolina Beach Rd. Wood,Leroy N. RFD i. Box
88
n ,
Castle Hayne,N.C.
Yopp.',. Gertrude Shepard q Sorosis Apts.
IADJOURMMENT - ' There being no further business to come before the Board, Mr. Metts moved that
the meeting be adjourned. The motion saas seconded by Mr. Braak and unanimously adopted.
?
?
. ? , Executive Secretary
Commissioners Office Caucus Meetinq Wilmington, N. C. August 17, 1964 8:30 A.M.
ASSEMBLY -
The Chairman asked the Board members if they would assemble thirty minutes
ahead of the regular semimonthly meet,ing and meet with the District Solicitor of the Super-
ior Court, the Honorable J. C. Bowman, for the purpose of securing information relative to
'icurrent rumors that the Board would be asked to appropriate funds for the purpose of audit-
iing the records of the,Recorder's Court. Present: Chairman J. M. Hall, Jr., Commissioners
IPeter H. Braak, L. E. Broadhurst., Ernest R. Myhan and John Van B. Metts, Jr, and the
Honorable J. C. Bowman.
IPURPOSE -
The Chairman observed that he had received a copy of a letter written by Mr.
Bowman to H. Foster Edwards, Cler}i of Superior Court, in which he recommended the suspension
',of the Deputy Clerk assigned to Recorderts Court and an independent audit of his records.
He thanked Mr. Bowman for being willing to come to the meeting. He explained that the Board
Ifelt that more information should be in hand in order to justify an expenditure necessary
for an independent audit. Solicitor Bowman explained that the S. 'B. I. investigation of the
'alleged irregularities in the office of the Deputy Clerk of Recorder's Court was incomplete
,but that sufficient data had been turned in to warrant the suspension of the Deputy Clerk
lin the Recorder's Court office. Mr. Bowman stated that he did not wish to go into the find-
ings of the investiga.tors but that spot checks revealed that Mr. Humphrey had put in over
$4,000.00 of his personal funds. He gave the following reasons which, in his opinion, would
fl-justify an outside audit:
1- The S.B.I. investigators did not make a complete audit but only spot checked the
records. •
continued.
.
I
, 366
Caucus August 17, 1964 Continued
PURPOSE - continued
2- Therefore, he does not know if all the money has been put back.
3- Mr. Humphrey was bonded up to $$,000.00 and the bonding company could be called
on to make any restitution if a shortage developed.
4- People never complain about paying money for improvements in the record of
public funds and he feels that the auditors would become familiar enough with
the system to make recommendations for preventing such occurrences in the future
and to know if the system is antiquated and out of date.
5- He thinks that Mr. Liston W. Humphrey is entitled to know, and that the Deputy
Clerk taking over the books should be assured that they are correct.
Mr. Mayhan asked Mr. Bowman if the compieted investigative report would be
given to the Commissioners, to which he answered, "It should not be made public as I
might be called on to prosecute and would not like to have my evidence exposed." Mr.
Metts asked Mr. IIowman if this was the court's business, to which he replied, "It is
the business of the court." -
The Chairman then thanked Mr. Bowman for the information.
W
k, Exec. Secretary
Wilmington, N. C. Auaust 17,1964
I ASSEMBLY -
? The regular semimonthly meeting of the New Hanover County Board of Commiss-
ioners was held on the above date in the Commissioner's Room of the County Court House
? with the following members in attendance: Chairman J. M. Hall, Jr., Commissioners
Peter H. Braak, L. E. Broadhurst, Ernest R. Mayhan, and John Van B. Metts, Jr; and
j County Auditor T. D. Love, Jr. County Attorney L. Bradford Tiliery was unable to be
present for the meeting due to illness.
INVOCATION - I
In the absence of the Chaplain scheduled for the meeting, the invocation was
given by the Executive Secretary after the Chairman had called the meeting to order.
APPROVAL OF THE MINUTES -
Mr. Metts offered a motion that the minutes of the Special Budget Meeting held ?I
on July 28th and the minutes of the regular semimonthly meeting held on August 3rd be
approved as written. Mr. Braak requested that he be recorded as voting "No° in the para- I?
graph under "VACANCIES - WELFARE ?EPARTMENT" and Mr. Metts accepted this.as an amendment !
to his motion which was seconded by Mr. Nlayhan and unanimously approved as amended. II
RECORDER'S COURT REPORT - I
County Auditor T. D. Love, Jr. reported Lhat the records in Recorderts Court
show that $14,245•35 was taken in during the mornth of July. The records have been checkec
to the extent he deemed necessary and he is of the opinion that the above report is cor- ,
rect. He further made the foliowing statements:
°It 3s noted from the press that a preliminary report has been made in regard to a
shortage which existed at one time in the Recorder's Court.
?
I wish Lo make to you the following report:
During my routine investigation and checking of money collected in Recorder's Court. I,
I ran into a shortage in these monies and so informed the Clerk of Superior Court. ?
I confronted Mr. Humphrey with my findings and he steadfastly denied that he had any ?
knowledge of the shortage or had used any money for h3s personal use. Money and
records were handled in such a sloppy, careless and irresponsible manner and cash
money could have been stolen so easy that a doubt was created in my mind in regard
to Mr. Humphrey. I continued my check while carrying out the other duties of my ,
office and became more sure of the shortage and confronted Mr. Humphrey again with I
my findings and he steadfastly denied any wrong doiny or knowledge of where the ,
shortage was or how it occurred. I then told him it was necessary that the shortage ?
be taken care of as he was responsible. Restitution was made by Mr. Numphrey. I
The Clerk of Superior Court was informed and the very next day I received a letter I
from tYie Clerk iri regard to a shortage of $66.65 that occurred that day. I.investi-?
gated'this. I could not tell what ha.ppened to this money, but informed the Clerk
of Superior Court that restitution must be made for this shortage. This was done. I
At no time was there any shortage of funds that belonged to New Hanover County.
These monies were turned over to the County each month and these were the monies I
was particularly interested in. Shortage revoived around funds belonging to others.
At the time I made my reports to this Board, I stated that there was no existing short-
age at that time. There is no existing shortage that I know of aL present. A short,
age had been found in the past. I
I feel thaL I have been diligent in the carrying ovt of my duties.
continued -
` ??
?67
Minutes of the Meeting August 17, 1964 Continued
aRECOl COURT REPORT - (continued)
` 1-._ Shortages are sometimes difficult to locate and in any number of instances in
?the business world run for ,years before.they are found. I discovered and uncovered this
shortage.
2. The Statutes state that if I go into any County Office and discover a shortage
?II shall demand.restitution. This I did and got the restitution.
3. I reported this to the Clerk of Superior Court to whom Mr.' Humphrey is bonded.
1 feel.that I had performed my duty. ..
Gentlemen, let me state to you that this was the most heart breaking experience I have ever
had and I hope that the Good Lord will spare me this experience again."
?',DEPUTY CLERK - RECORDER'S COURT .
Superior Court Clerk, H. Foster Edwards, reported to the Board that he had been
successful in employing a very competent replacement for Mr. Humphrey, recently suspended
as Deputy Clerk of Recorder's Court, in: the person of Colonel John J. Fitzpatrick. He
recommends that he be paid a salary of $5,000.00 per year. He stated that before he could
'request an advertisement be run for a replacement, to be selected by the Ci.vil Service Com-
?mission, it will be necessary for the Commissioners to set the beginning salary. Mr.
Metts obsecved that the'salary for that position was set at Budget time-at not more than
$4,950.00. After a brief discussion, Mr. Mayhan offered a motion that the beginning
salary of the Deputy Clerk assigned:'to the Recorder's Court be set at $4,500.00 for the-
Ifirst six months, after which it would ar2vance to the $4,950.00 approved in the Budget,
pending the approval of the Civil Service Commission. It was seconded by Mr. Metts and
unanimously carried. Mr. Mayhan observed that in his opinion all of the hiring of County
iemployees should be done through the proper process and the approval of the Civil Service
Board. The Executive Secretary was authorized to advertise the job accordingly.
IALTERATIONS - COMMISSIONERS ROOM
The Chairman read the public advertisement seeking proposals for the remodeling
and improvements in the Commissioners Offices. He reported that only one bid has been
I received and that in '.:_th•e:'_p_a st"; .. ',.- our County Attorney has advised that where only
'one bid is received, it is necessary to readvertise as the amount bid exceeds the amount
allowed by law. The Chairman did not open the bid and returned it to the representatives
of the Reagan Construction Company. They were informed of the circumstances and the
Chairman suggested that they resubmit their bid upon the readvertisement.
r •
IWELFARE LIEN -
' On July bth, the Executive Secretary called attention to a Welfare Lien in the
amount of $351.00 against the property of John D. Cottle. Mr. Cottle died in 1940 and
nis wife in 1950, leaving his properLy to his daughters, Miss Lillie B. Cottle and Mrs.
Annie.C. Farrow. A letter was received from Attorney Addison E. Hewlett, Jr. stating
that Miss Lillie B. Cottle sold her one-half of the tract to J. H. Irving, 9r. Some
Iyears later Lillie B. Cottle received assistance from the Public 4Jelfare Department in
'the amount of $351.00 for tiahich a lien was filed against her. On June 30, Mrs. Annie C.
Farrow decided to sell her one-half interest in the property but si.nce Lillie C. Cottle
joined in the deed because the property was not actually partitioned in 19.•54, when she re-
ceived the assistance grant, Mrs. Farrow was required to pay off the assistance lien filed
against her sister, Liilie B. Cottle, in the amount of $351.00. Technically, the assist-
ance lien did apply against the interest of Annie C. Farrow, but only in a technical sense
'and therefore he requests a refund of $351.00 paid by Mrs. Farrow from the standpoint of
Iequitable fairness. After a brief consideration, the Board by common consent, ordered
ithe rmtter referred to the County Attorney for recommendations.
COUNTY PROPERTY
Pursuant to instructions at the meeting held on July 20th at which time the
Executive Secretary,reported that the Moore Fonvielle Realty Company was interested in two
or three acres of land owned by the County in the neighborhood of the Airport Property.
The Moore Fonvielle Realty Company sent a contract to purchase 16? acres of land beginning
at a point 1200 feet south of the intersection of North 23rd Street with the Airport entrance,
running 400 feet along North 23rd Street and 1800 feet deep. After due consideration, it
was decided, by common consent, that at present they did not wish to dispose of any of this
property. The Executive Secretary was instructed to notify the Moore Fonvielle Realty
Company of Lhis action.
ROAD PETITION
. A petition was received from prope.rty owners on Jasmine Place requesting that
it be added to the State maintained Secondary Road System. Upon motion of Mr. Broadhurst,
seconded by Mr. Metts, the petitinn was approved and the Executive Secretary authori2ed to
send it to the State Highway Commission for their.consideration.
BEER PERMIT -
The following application for a Beer Permit was reviewed and upon motion of Mr.
Broadhurst, seconded by Mr. Metts, unanimously approved and referred to the Sheriff's
Department for consideration and investigation:
IlJames E. Floyd T/A Floyd's Marina St. Joseph Street
' Carolina Beach, N. C.
UNIDENTIFIED INTERNiENT
Recently an unidentified body was recovered by the Sheriff's Department from
the waters of the Cape Fear River. The Coroner ordered it sent to the Coble Funeral
Service for burial. It was in such a state that an ordinary casket could not be used
and it was necessary to use a fiberglass vault and other deodorizers et cetera. The total
actual cost of this service amounted to $113.5$ which it is felt is a public expense, and
^therefore, should be paid out of public funds. The County forces dug the grave and helped
??with refilling`it. After some consideration of this matter, it was decided to refer it
to our County Attorney for his legal interpretation.
?
J I
Mi:nutes. of. tfie, Meetinq. Auqust___17. 1964 Continued
- --- - -- ---
ADVERTISING DELINQUENT TAXES
? The Chairman read a letter from the Editor of the Wilmington Journal calling ,
attention to the May 18, 1964 meeting at which time the opinion was expressed doubting
that newspaper as being one of general circulation. By common consent, the Board
? authorized the Executive Secretary to acknowledge the letter and refer it to the County
Attorney for an expression of his interpretation of what constitutes the legal require-
ments for general circulation..
LIVESTOCK ARENA -
The Executave Secretary reported that in making an investigation, along with I
Mr. W. H. Cranford of the Health Department, in order to locate a suitable place for
housing the insect and Rodent Control section of the Health Department, along with theiri
repair shop, they recommended the livestock arena as a possible temporary building.
Now it develops that in order tb accomodate the insect and rodent control equipment, it
would be necessary to tear out some of the pens and'paTtitions at the arena. Before
? taking this step, it is felt that-the Board should set the policy. After a brief dis- '
! cussion, Chairman Hall appointed Commissioners Braak and Broadhurst as a Committee to ;
? make arrangements to properly store and house this County property.
I
I COUNTY HOME POLICY -
I Mr. Mayhan raised the question as to whether or not the new boiler which was
installed only two years ago at the County Home was properly serviced and the water
drained out of it to prevent rusting. Mr. Braak reported that this had been done but
that he would recheck on the matter again and see that it was done. I
REVALUATION
A letter was received from the Consolidated Appraisal and Mapping Company,
reminding the Board that New Hanover County is under the provisions of G.S. 105 - 278
which requires revaluation of all real property effective January 1, 1967, They sug-
gested that the quality of the program can be improved if adequate time is provided
for the job. The Tax Supervisor suggested that we consider plans for contracting for
this work, not later than January 1965 so that qualified personnel can be allocated
for the job. The Executive Secretary was instructed to acknowledge receipt of the
letter and thank them for formulating plans in the preliminary phase of this undertaking.
RECORDER'S COURT AUDIT -
The svggestion made by the Honorable J. C. Bowman relative to an independent ,
audit for the records of the Deputy Clerk of the Recorder's Court was considered at
length and each member of the Board allowed to express his convictions relative to this j
matter,:after which Mr. Metts offered a motion that an independent outside auditor be •
employed, not only to determine the amount of the alleged shortage but also examine
the record system and make any recommendations which he considered feasible to prevent a I
recurrence, the Chairman to be avthorized to make the negotiations and choose the firm
which he considered best adepted to accomplish the work. It was seconded by Mr. Braak I
for the pur.pose of discussion. Before the ballot was taken, Mr. Mayhan voiced the
opinion that sometimes a firm might have members who were at cross purposes with the
individuals concerned in the audit, therefore offered a substitute motion that an out
of town firm of auditors be employed to determine the amount of the shortage and chec}t
the records for iRhatever improvements they deemed advisabie and to let the chips fail
where they may. There was no second to the substitute motion and when the ballot was
taken on the original motion, Mr. Mayhan voted against it but as all of the other members:
voted in favor of it the.Chairman declared it prevailed. j
REPORTS
The following reports and letters were reviewed and ordered•filed for future
reference. .
1- Cooperative Extension Report.
2- A.B.C. Board annual Report.
3- Grand Jury report for the August Crimina term of courL.
i . 4- Wilmington Public Library Report. ,
5- Thank-you letter from C. B. Davis for salary adjustments to the first
n , step in the salary scales as recommended by the Merit System. ?
6- NIAC0 Report - Mr. Braak reported that he had attended the annual Con- '
vention of the National Association of Counties and that many ideas were II
discussed at the Convention, among which two stood out in his memory.
(a) That something must be done about school drop-.outs and urging employees
to hire them on a part time basis and allow them to go back to school par?
time. (b) Medical Aid to the Aged was also discussed at length and it '
seemed to be the consensus of opinion that it is being well received. Hel was privileged to hear the Republican candidate for president, Senator i
Barry Goldwater, who addressed the convention and also to a•ttend a lawn
party at the White House. j
7- Mr. Braak also reported that he, along with the Chairman of the Planning & 2oning Board, I.. John Tinga, and the Director of the Greater Wilmingtonl
Chamber of Commerce, P. M. Camak, attended a meeting of the North Caro-I
lina Seashore Committee meeting, representing New Hanover County. He isl,
of the opinion that the-trip was well worthwhile as erosion control along
our shores is an imperative matter and the County thinks that eventually
counties will be forced to use taxes for the purpose of keeping control
on the local level. ?
ADJOURNMENT -
There was no further business to be brought before the Board, and Mr. Metts
then offered a motion that the meeting be adjourned. It was seconded Mr. Broadhurst 'i
? and unanimously approved. 11/ ; -
?
W. . Houck, Executi Cv/
e Secretary
L?_