1965-03-15 Regular Meeting?
447
--IASSEMBLY -
Wilmington, N. C. March 15, 1965
' The regular semimonthly meeting of the New Hanover County Board of Commiss-
lioners was held on the ab'ove date at 4:00 P. M. in the Commissioners Room of the County
ICourt House with the following present for the meeting: Mr. M. H. Vaughan, Acting Chair-
iman, Commissioners Peter H. Braak, Laurence O. Bowden, J. M. Hall, Jr. and County
?Attorney L. Bradford Tillery, and County Auditor T. D. Love, Jr. The Chairman, Dr.
Joseph.Ul. Hooper, Jr. was unable to be present for the meeting as he was out of the city.
INVOCATION -
Nr. Vaughan called the meeting to order and Revereiid Fred I. Albright, Pastor
of the McClure Memorial Presbyterian Church.at'.Castle Hayne, gave the invocation.
'IMINUTES APPROVAL - Before approving the minutes, Mr. Braak requesLed that the name of ttYe Inde-
I
Ipendent Auditor, I. e., W. C. BarfieTd, C. P. A.,be inserted in the paragraph under
'"Recorder's Court-Installation Service". The Execut`ive Secretary requested that he be
?allowed to change the word "Caseworkers" to "Clerical workers" in the paragraph headed
IPublic Ldelfare and that he be allowed to insert "of some property" after the word "portion"
in the paragraph 'Tax Abatement". Mr. Braak then offered a motion that the minutes be
lapproved as amended above. It was seconded by Mr. Hall and unanimously carried.
AZALEA FESTIVAL -
Mr. Stanley Rehder, President of the Azalea Festival Committee for the current
year, thanked the Commissioners for their cooperation in helpino make this event one of
the most outstanding and presented each of them with their credentials as hosts for the
';visiLors. The Chairman thanked Mr. Rehder for his thoughtfulness and expressed the hope
;that the Azalea Festiaal would be successful.
SCHOOL COMPLAINT -
Mrs. A. C. LaCroix, President of the Carolina Beach P.T.A. was recogni2ed by
the Chairman and stated that she had two complaints and a request for help. The first-
Ithere are two streets adjacent to the Carolina Beach School which should be paved and
they request assistance frbm the County for this work. The County Attorney ruled that
they could not usetax money for this purpose as it is the business of the State Highway
Commission. She then exhibited pictures during rainy weather and explained that the
standing water on the playground should be drained off or filled in so that the water
Iwould drain off automatically. She statedthat they had been to the Board of Education
Ifor help and they did haul 21 loads of dirt but that was insufficient to correct the un-
Isatisfactory condition. After some disucssion of this subject, the Board, by common
?consent, asked Mrs. LaCroix to confer again with the Board of Education and advise them
that this matter had been brought before the Board of Commissioners.
IAIRPORT GROUND TRANSPORTATION -
Mr. Louis If. Latham, the local representative for the Avis Rent-A-Car Corpora-
,tion, asked for an answer to his request for permission to operate cars from the New
'Hanover County Airport. Mr. Bowden explained that he has conferred with Nr. Wenberg,
operator of the Hertz U-Drive-It System, who advises that since Mr. Latham has resorted
to a lawyer, he would prefer that the matter of a lease be handled through the attorneys
?and signified his willingness to meet at any time. The Executive Secretary was in-
structed to put this matter on the Agenda for the next meeting for further discussion.
IITRASH COMFLAINT -
Reverend Davis came before the Board and complained about garbage, beer cans
and beer bottles, and trash being dumped on vacant lots in the City. He requested the
Commissioners to take some action to stop this unsightly and unsanitary practice. The
County Attorney ruled that the Board had no responsibility inside the City limits. By
icommon consent, the Board suggested that he present this complaint to the City Council
?for their consideration.
OLSON AIRCRAFT CORPORATION
Mr. R. M. Williams, Jr., representing the firm of John T. Talbert Jr. and
Associates, Consulting Engineers, came before the Board and stated that they have been
employed by the Olson Aircraft Corporation to design and plan a building site for the
manufacture of airplanes in New Hanover County. They have located a site fronting on
orth 23rd Street, 1280' south of the entrance to the Airport on property owned by the
County. They need approximately 10 acres and propose 4751 frontage on North 23rd Street
and 1,030' deep. They intend to build permanent buildings on the site, the main one
of which, would be 1201 x 1201. Another would be approximately 9,000 sq. ft. and one
0,000 sq. ft., both to be of a permanent type and of good construction. They propose
to lease the property at a reasonable rental for five years with an option to buy, allow-
ing the rentai to apply against the purchase price. They will employ from 50 to 60
people immediately and estimate that their taxes wiii be $1500.00 a year, more or less.
e pointed ouL that this property is within the clear zone of the Airport and, therefore,
as some restrictions. They have not as yet surveyed the exact property but are wiiling
11t pay $1,000.00 per acre for the property or will lease the property for a term of 5
years at $10.00 per acre per year which would apply against the purchase price anytime
t ithin the lease period. After a full discussion of the proposition, Mr. Bowden offered
motion that the County Property Appraisors be sent out to make an inspection of the '
;proposed site and place a fair market value on the property. Mr. Hall is of the opinion
that the value of the property is somewhere around $1,000 and $1,250 per acre. He stated
I,that a year ago an offer of $500 per acre'was received but it was declined at that time
as the site is being rezoned and held for industrial development such as is proposed by
?the Olson Aircraft Corporation. Mr. Braak suggested that he would be willing to lease
Ithe property on a five year term lease at the $1,000 per year to apply against the pur-
chase price of $1,750 per acre anytime within the term of the lease. At this point, there
9id not seem to be-any meeting of the minds of the Board so Mr. Hall offered a motion that
the County Property Appraisors be instructed to go out and make an inspection of the site
and bring in an appraisal of the fair market value of the property and that the Soard meet
again tomorrow, March 16th at 4:00 P. M. to make a decision on this proposition. It was
seconded by Mr. Braak. When the ballot was taken, N?r. Vaughan refrained from voting but
since the other memberscf the Board uoted "Yes", the Acting Chairman declared it carried by
Ii majority vote.
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Minutes of the Meeting March 15, 1965 Continued
BUILDING INSPECTOR - CODES
Attorney L. Gleason Allen, representing the Home $uilder's Association, appeared
before the Board and stated that they had noted the action taken by the Board at their '
meeting on March lst in which they adopted a resolution authorizing that Section 102 in
Article I of the State Building Code be included in the scope of the type structures on
wh:ch the Building Inspector should beyin enforcing the State Building Regulations on April
lst, 1965 in New Hanover County. He pointed out that there are several provisions of the
State Buildinc Code which are not applicable to this area. For instance, the provisions
of a ten inch footing would not be sufficient in this sandy soil. He suggested that it
miaht be better if the Board would allow additional time for an item by item study of the
Code and determine which of its provisions would apply and which would need to be changed
in order to provide better homes in this County. It might be that the County, after such p
a study would prefer to adopt its own Building Code which would not conflict with the b
? State Code but would add some of the provisions which would be helpful here. Mr. Frederic?C
Willetts, Jr. pointed out that the Code required 501b. felt to be used as a vapor barrier '
? but that since that time new materials have been developed which are much more efficient. ?
After some discussion of this.problem, Mr. Allen suggested that they defer enforcement I
of the provisions of the Code until July lst which would aive the Home Builder's Associatiqn
time to study the matter further. Mr. Hall suggested that he thought Vjay lst would give
them plenty of time to iron out the kinks. Mr. Braak then offered a motion that the
effective date for enforcing the Building Code be deferred from April 1, 1965 to Yiay 1,
1965 and that a CommitGee be appointed to include one member of the Home Builder's Associa-l
tion, one member of the 'Gener.al.Contractors Association, one member of the Buildersf Suppli
Association to meet with the Planning and Zoning Board and the Building Inspector to work '
out the changes in the State Code which they think would assist them in building better I
homes in New Hanover County and present them to the Board at the second meeting in April,
which would be April 19th. It was seconded by Mr. Hall and unanimously approved. ,
SHERIFF'S CARS
A letter was received from the Sheriff requesting the Board to authorize the
purchase of !} new cars for his department to replace the present cars which have better
than 80,000 miles on them. He stated that they are using oil and the transmissions are
in poor condition and giving trouble. Money for this purpose is already in the Budget
so no additional appropriation is necessary. After a brief discussion, Mr. Hall offered
a motion that the request be approved that the Executive Secretary be authorized to ad-
vertise for bids on these cars. It was secorided by Mr. Braak and unanimously approved.
ROAD PETITIONS
A petition was received from the property owners living on the Murrayville
Road Extension requesting that it be hard surfaced as soon as, possible. A request was
received from the property owners on Andover Road, Dorothy and Mildred Avenues requesting
that they be added to the State Maintained Secondary Road System. Mr. Hall offered a
motion that these requests be approved and sent to the State Hiohway Commission for their
consideration. It was seconded by Mr. Bowden and unanimously carried.
DRAINAGE PROBLEM
The Chairman read a petition froni a group of citizens living on the east end
of the Gordon Road where it intersects with U. S. Highway # 17 requesting that the Board
take action on dredging out a canai to help drain the water and waste which is standing
in their ysrds. By common consent of the Board, it was ordered sent to the Board of
Health for their consideration since they are in control of the dragline which would be
necessary for a dredging operation.
PROPOSED LEGISLATION
Mr. Vaughan reminded the Board that it had taken some action on December 7,
1964 authorizing the endorsement of legislation providing for changing the office of
County Auditor from an elective one to an appointed accountant naming one of the banks
as treasurer. He cited several covnties using this procedure and suggested that some '
further action be taken. He has read the 1913 Act of the Legislature creating the
elective office of Auditor and has come to the conclusion that with a few changes, it
is superior to the County Fiscal Control Act under which other Counties operate. He
cited that the 1913 Act was originally drawn when the County was a$1,000,000 business
and now it is a$10,000,000 business and we are being guided by an old legislation. After
studying the 1913 Act, he is still convinced that the County Accountant should be an
appointive office for the reason it is practically impossible to get a competent man to gofl
through the ordeai to run for the office in an election. He offered a motion that the
1913 Act be amended to provide for the appointing of a County Accountant who would a2so
act as County Treasurer. It was seconded by Mr. Bowden. In the discussion, the present
County Auditor asked if he intended the effective date to be at the end of his present
term of office an if he intended to insinuate that his handling of County funds was not
proper. Mr. Vaughan assured him that he had no reason to think that Mr. Love was not do-
ing a good job. Mr. Hall then offered a motion that action on this question be tabled
until April $, 1965.meetina. It was seconded by Mr. Braak and unanimovsly passed.
COUNTY PROPERTY SALE -
The Chairman recalied that at the meeting on March lst, the Executive Secretary '
had presented two County awned lots appraised at $300.00 each to the Board for approval
to sell to the Carolina Forest Products, Incorporated, the lots being #1 in Block 10 and
#9 in Block 11, both of which are 501 x 1001. He stated that he had made an inspection
of the property and is willing to approve the sale at the appraised value of $300.00 each.
Mr. Braak moved approval of this sale It was seconded by Mr. Hall and unanimousiy carriedll.
PENALTY ABATEMENT -
The Tax Supervisor reported that Mr. C. A. Rackley made a request for the abate-
ment of $1.00 non-listing penalty issued against him for the reason that he had several '?
pieces of property and had come in to list all of them but this particular one was overiook'2d
by the tax lister. After a brief discussion, Mr. Hall moved that the penalty be abated
under GS 105 - 330 (4) because of a clerical error. It was seconded by Mr. Braak and
unanimously carried. I
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Minutes of the Meeting March 15, 1965 Continued -
REPORT - MAINTENANCE AGREEMEIdT
The Tax Supervisor reported that he had again contacted the service manager
for the National Cash Register Company with reference to the maintenance agreement on
the accounting machine used in the Tax Listing Office. He stated that after a machine
i is 10 years old, it is no longer eligible for a maintenance agreement. The County
Attorney reported that he has studied the agreement and is of the opinion that the
company is correct in denying continued service under the agreement. It was finally
decided, by common consent, to postpone any action on this matter until the attorney
could check up on the validity of the company accepting payment under the contract but
not performing the work.
?
BEER PERMITS -
' The following applications for Beer Permits were reviewed by the Board and
upon motion of Mr. Braak, seconded by Mr. Hall; unanimously approved and referred to the
Sheriff's Department for investigation and consideration:
George J. Haydu Sr. T/A Board Walk Cantine Cape Fair Blve. Carolina Beach
Harry Eugene Moffitt T/A H& J Bar & Grill Carolina Beach, N. C.
I
i Harry
Morris Spiliotis
T/A
Atlanta Grill and
Grocery 901 N.
4th St.
STREET CLOSING -
? A copy of a petition for closing a portion of 14th Street between Marstellar
and Kidder Streets has been presented to the City Council and a notice sent because of .
CounLy ownecship of property located in the vicinity of said street. This conforms
? with Chapter 153- Section 9, Subsection 17 of the General Statutes. It was referred to
the County Attorney for any recommendations.
, RECE55 -
The Tax Supervisor informed the Board that this is the first day for the Board
to consLitute themselves as a Board of Eqvali2ation and Review and that it is necessary
for them to take an Oath before entering upon their duties. The Chairman then deciared
i a recess of the Board of County Commissioners, and convened as a Board of Equalization
' and Review.
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SOARD OF EQUALIZATION RND REVIEW
The Tax Supervisor had arranged for the Clerk of Superior Court to administer
the Oath of Office prescribed under G. S. 105 - 327 (c) and the Oath was administered
to each of the Board of County Commissioners present who signed it, after which it was
sworn to by the Clerk of Superior Court and is made a part of the record. The Tax Super-
visor informed the Board that he had received applications from 28 property owners re-
questing to be heard with reference to equalizing the valuation on their property in the
County. He recommended that the Board recess the meeting to allow him to review the
requests with the County Property Assessors and bring back their recommendations. After
a brief discussion, the Board approved the recommendation of the Tax Supervisor. Mr.
Vaughan then moved that the Board of Equali2ation and Review be now recessed untii 4:00
P. M. Monday. March 22, 1965 and that the Tax Supervisor notify the applicants request-
ing a review;of*this meeting. It was seconded by Mr. Hall and unanimously approved.
* : :'' their valuation at
RECONVENTION -
The Chairman then called the Board of County Commissioners back into regular
session.
NACO CONVENTION
Mr. Braak informed the Board that he had been invited to attend the Covnty
Goals Conference of the National Association of County Officiais, to be held March 24-26th,
1965. He is the Vice Chairman of the Welfare Committee. He requested an expression
from the Board as to whether or not he should attend. Mr. Hall moved that the Board
approve the attendance of Mr. Braak at this meeting. It was seconded by Mr. Bowden and
when the ballot was taken, Mr. Vaughan voted "NO" but since the other members voted "YES",
he declared the motion carried by a majority vote.
DATA PROCESSING
At this time, the Chairman recognized Mr. Lynn A. Smith, data pr.ocessing
representative of the International Business Machines Corporation who made a.presenta-
tion of charts, film strips and slides on the advantages of data processing a$ it applies
to its application for County records. He requested the Board to allow him to make a
study of the County departments and asked that Lhey appoint someone to supervise his
study. The Board suggested that he sLudy the Auditor's office, Hospital records, School
records, the Tax Listing office and the Public Welfare office. He requested that a
Memo be routed to all departments requesting their cooperation and stating that no com-
pentent employee would loose.his job because of the implementation of machine data pro-
cessing. The Executive Secretary was instructed to send a letter to all departments to
be studied.
TELEPHONE SYSTEM -
Mr. Bowden reported that in compliance with the request at the last meeting
for Mr. E. L. Saunders to write a brief resume of his proposal for telephone service in
the County Court House on.one piece of paper, he presented each of the Commissioners with
a brief outline which they are to study until the next meeting at which time they will
make a decision.
PUSLIC WELFARE PHONE -
Mr. Bowden presented a letter from the Pubiic Welfare Director making some
recommendations with reference to a change in the set-up suggested by Mr. Saunders ahove.
By common consent, Lhe Board instructed the Executive Secretary to have copies of this
letter made and sent to each of the Commissioners so that they might be conversant with
the facts and be in a position to make a decision at the next meeting.
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Minutes of the Meetinp March ls, 1965 Continued
COUNTY FARM -
Mr. Braak reported that the advertising of the livestock for sale did not
result in much success and that he had instructed the Supervisor at the Farm to slaughter,
the livestock as it is needed for meat. He is concerned about the increased cost for
groceries for prisoners in event the farming oper.ation is completely discontinued. Mr.
Hall is of the opinion that they should oet out of the Farm business and use the prisoner
in saLisfying the ditching complaints.
JOINT STUDY CONiNITTEE -
Mr. Vaughan reported that a meeting was held of the Joint City-County Study
Committee some time ago but thatthe principal persons involved were not present because
of a breakdown in communications. He recommended that the Executive Secretary see if
he could persuade the Chairman of the Joint Study Committee to call another meeting and
invite Juvenile Judge J. Hardie Ferguson, the Welfare Director, Miss Lela Noore Hall,
County Auditor T. D. Love, Jr. and that the permanent Chairman be consulted about the
time for calling the meeting. Dr. Nooper will not return before Friday, March 19th.
COUNTY LAND LEASE -
Mr. Braak reported that Mr. Albert D. Cox, Jr. who wanted to lease some farm-
ing land from the County has decided that it would cost too much to put the Blue Clay
Farm land in tiliable condition and that the tillable land which he needed on Airport
property would have to be approved by the F.A. A. if a term lease was given. He recom-
mends that the Board enter into a verbal lease agreement with Mr. Cox through our County
Attorney and that he confirm such conditions by letter as outlined in the meeting of
March lst.
'• CAPE FEAR TRAINING INSTITUTE - TRAINING SPACE
The Chairman read a letter from the Cape Fear Technical Institute stating
that they would like to initiate a community service proaram in cooperating with the
Volunteer Fire Departments of New Hanover County. They request the use of an area of
approximately 310 sq. ft. and have located a suitable area near the intersection of
George Trask and Gardner Drives. After some discussion, the Board, by unanimous common
consent,.authorized this letter referred to the Airport Committee and the Executive
Secretary to have copies made for each member of the Committee and send it to them.
QUARTERLY AUDIT REPORT - {
The County Auditor reported to the Board that he would like to make a report
of the financial report of the County to the Board at the next meeting. The Executive
Secretary was instructed to put this on the agenda at that time.
WELFARE LIEN
County Attorney L. Bradford Tillery reported that the Public Welfare Depart- G
ment has a lien in the amount of $4,394•00 on the property of Matilda Ann Klein accumu- '
lated by grants made over a period of October 1956 to December 1964- The fair market
value of the property is $6,000.00 as appraised by the County Assessor. He has a pros-
pective buyer offering to pay off the lien in full provided he is ailowed to pay it in
installments of not less than $50.00 per month and is willing to execute a note bearing
6% interest to the County on the unpaid balance and also waive the provisions of the
Statute of Limitation, After some discussion, it was decided,by common consent, to
defer action on this proposition until a later date. Mr. Vaughan suggested that a
proviso should also be included in any agreement for proper maintenance of the house. ,
REPORTS -
RECESS -
The-following reports were reviewed and ordered filed:
1- Community Hospital Report for February, 1965
2- Wilmington Public Library Report for February 1965.
3- Home Economics Extension Report for February 1965.
4- Mental Health Center Statement of Policy
5- Cooperative Extension Report of the County Agricultural Agent.
Upon motion of Mr. Hall, seconded by Mr. Braak,
to recess the meeting until 4:00 P. M. tomorrow, March 16th
County Appraisors for property desired by the Olsoi Aircraf
RECESSED SESSION
\
Commissioners Room March 16, 1965 4:00 P. M. Wilmington, N. C.
RECONVENTION
ry
Complying with the recessed meeting of March 15, 1965, discussion was re-
sumed by the Board at 4:00 P. M. on Narch lbth. PRESENT: Acting Chairman, Mr. M. H.
Vaughan, Commissioners Peter H. Braak, Laurence O. Bowden, and j, M. Nall, Jr.,
County Attorney L. Bradford Tillery and County Auditor T. D. Love, Jr. Chairman,
Dr. Joseph W. Hooper, Jr. was out of the city and unable to be present for the meeting.
WELFARE LIEN -
The meeting was called to order by the Vice Chairman who reported that he had
been contacted by Mr. Hooper Johnson with reference to a lien in the amount of $4,394•00
held by the Public Welfare Department against the property owned by Matilda Ann Klein;
who received assistance grants from 1956 through 1964. Mr. Johnson was recognized by
the Chairman and stated that he is the administrator of the estate and has a clieat who
is willing to pay off the entire amount of the Welfare lien but can not do so in a lump
sum. He is willing to waive the Statute of Limitation if the Board will approve the
payment of the lien at the rate of not lessthan $50.00 per month. His client also has
other assets which he hopes to dispose of and promises to retire the remainder left on
the lien if and when he sells his oLher assets. After a discussion.,of the proposition,
Mr. Hall moved that Lhe Board approve the payment of the lien at not less than $50.00
continued -
the Board unanimously agreed
to receive the report of the
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