1958-04-17 Special Meeting??44
Minutes of the Meeting April 14, 1958 Continued
FILING:
The following lett ers and reports were ordered filed for reference:,
(a) County Farm Agent '
(b) Tax Collectors Report
"r (c) Home Demonstration Report
Q? (d) Negro Home DEmonstration Report
(e) Veteran's Service Office
Ubrary
(g) Wilming on ColoredLibrary
?? . (h) Grarid Jury Report
PETIT NRY:
The following good and lawfYil peraons were drawn to serve as Jurors in the trial of Civil
Cases in Superior Court for the txo week term beginning May 5th and May 12th
For the Week of Mav S. 1958 '
• • W. P. Toon Jr. 520 Princess St Miriam W. Burna 1015 Haawthorne Rd.
G. W. Thompaon 121 Svmter Drive C. E. Fonvielle 156 West Renovah
Elaood C. Cole 469 Spartanburg Av. Car. Bch- Geo. Chadvick 1309 S. Li.ve Oak Pkuy.
David F.Windley 160 Colonial Dr. , James W. Worley 506 N. 21et 5t.
Meares Harris Rt.#3 gox 222 J. C. Thompson . 2938 Park Ave.
Neal D. MeDowell 2206 S. Front St. Carl W. Korb, Jr. 141 Lake Forest Pkwy.
Wm. F. Weeks 2251 Camellia Dr. Zeb V. Worley Rt.#1, Box 293 A, Castle Hayne t1.C
George Mihal Rt.# 1, Box 295 . Thamae Gaines Castle Hayne, N.C.
M.E. Underwood 2707 Chestnut St. Ralph F. Lee 407 Central Blvd.
Walter Fdagan 214 Vance St. R. H. Benton 201 N. 42nd Street
Thomae Drakos 3020 Princesa P1 Marcus K..Innis 315 S. 46th St.
Geo. Duvall Greer 2271 Osmellia Dr. Wm. M. Block 1618 Princeas St.
George W. Thomas 1 Iak'e Foreat Pkwy A. A. Stewart 2508 N. Jefferaon St.
George G. Outlaw 61 Lee Drive K,enneth,W.:indrews 3112 Market St.
John Elmore 3729 S. Front L. B. Flannagan 25 N. 23 St.
John 0. Woodcock 6010 Park Ave. Theodore Fisher 2900 Princess 5t.
C, G. Padgett 109 Lee Drive G. W. Brown 8 N. 23rd St.
Wayne T. Efird 122 Daeie ?rive R. H. Bigelow 2510 Washington 5t.
For the Week of Msv 12. 1958
L. W. Smith 615 Rosemont Ave. Barl W. AScGhee 114 East Renovah Circle
Jacob.Swart 164 Coloniel Dr. E. J. Smith 5r. 2721 Monroe St.
J. R. IDrew 184 Colonial Cir. Fdwin A. Metta Jr. 1307 S. Live Oak Pkwy.
E. V. Jonea 2018 Pender Ave. John B. Haynie 222 Calhoun Drive
W. E. Carr 105 Hawthorne Dr. Herbert L. Parker Rt.#1 Box 286
K. L. Myera 3502 S. Front St. Briley W. Howell 4901 Pine Street
S. George 2939•Oleander Dr. Jesse Lunsford RFD #1, Carolina Beach, N.C.
Ken Alpert 2810,Columbia Ave. William P. Moore 1917 Creasy Ane.
Rosa Lee Brown 2521* Jefferson W. P. McGlaughon 2724 Park Ane.
Abram Solomon 2700 Wrightsville Av Leonsrd B. Maready 1310 Virginia Ane.
Paul Rornegay . 126 Rutledge Dr. Robert E. Csrlyle 220 Davie Drive
Nhit T. Benton 1218 Azalea Dr. Howard A. Penton Jr. 2232 Oleander Dr,
William E. Hand 2400 Metta Ane. Samuel C. 4nderson 330 Calhoun Dr.
J. A. Colucci Jr. 2905 Wayne Dr. Charlie T. Powell Rt./{ l,c Box 152 A
Jesse C. Brian 37 Pinecrest Pky. Maurice L. Millinor 110 Graham St.
C. H. Farnsworth 15 Brookwood Ave. D. R. Murchison Jr. 1231 Fairway Drive
John F. Klein 2908 Princess St. William B. Padgett Rt.# 1, Box 93
Robert H. Scott 403 North 7th St. Wm. P. Sutton, Jr. - P.O. Box 227, Wrightsville Bch. N.C
. \
lcDdOURNPENT:
There being no further business to come before the Hoard, W. Holton offered.a motion that
the meeting aljourn, seconded by Mr. Broadhurat and unanimously approved.
?. .
` •
W. G. Houck, bcecutive Secretary
3P6CIAL MEEf2NG
9SSIIMLY:
Wilmington, N.C. Agr31 17,1958
A apecisl called meeting of the Board of New Hanoner Covnty Coamiissioners was held thia day
in their office in the County Court Houae at 10:30 A. M. PRFSENT (hairman J. M. HallI Jr. Conm4sa-
ioners Mr, L. E. Broadhvrat, J. E. Holton Jr., Ernest R. Mayhan and Berry A. Williams. County AttCr-
ney John Bright Hill was sick and m uJ.d not be present. #
PURPOSE: •
The meeting was called to order by the Chairman who announced that the pu'rpose for which this
? meeting was called was a discUssion and poasible compmmiae solution of the Civil suit now pending in
? Superior Court by the Llumber-Moore Plimibing Co. in the matter of $21,536.43 alledgedly due to thero for
work and materiale performed in connection with the boilers and heating system at Com:mmity Hospital.
NOTICE WAIVED:
Mr. Holton offered a motion that the regu]ar legal notice of a called meeting be waived. This
motion was seaonded by Mr. Broadhurst and unanimously adopted.
DISCUSSION:
Chairman Hall obaeroed that there was no queation in his mind whatever about the exiating emer-
gency st the time the Cumber-Moore Plumbing Co. was authorized to proceed with the installation of the
L.
?4 5
Minutes of S'peciel Meeting Agril 17, 1958 Continued
DISCUSSION (Continued)
boiler and that he thought the compaxy was entitled to be paid for their work and materials.
The company is being subjected to serious inconveniences because of not being able to pay his creditors
who refuse to extend further credit and because he is unable to secure bank loans in order to carry on
their normal business. Therefore it is in effect preventing him from securing jobs of work. He also,
stated that in the event the Omber-Moore Plumbing Co. was willing to accept a compromise settlement,
anq checks Nritten should be marked in "FU11 Settlement" of all obligations due in connection wi.th this
boiler inatallation but aubject to claima by the Internal Renenue Service and ar?y other creditora who
have put themselves on record.
Mr. Mayhan obserned that he thought the County Attorney should be present for advice and in-
formation in any discussion about this suit againat the County and any aettlement that the Board might
propose to make.
Attorney
Mr. Williams was of the same opinion as Mr. Mayhan with reference to the County^ being present
and discuased the possibilitq of employing another attorney on a temporary basis. During the discussion
of this question, it was finally conclude3 that any action the Board took would have to be confirmed by
the County Attorney and that he approve and draw all the legal instrmnenta required to non suit the case
against the county and if the plaintiff w }? not accept the proffere3 settleraent, it crould then be left
up to the court to settle regardless ofhow?i? took to hane the case heard.
Mr. Broadhurst expressed the opinion that we should not pay for capital equipment; which was
included in some of the invoices which go to make up the total of the claim; and allow them to keep it.
Mr. Holton informed the Board thst Mr. Moore had approached him several days ago and implied
that he was in such financial strsits that he might consider a compromise settlement of the claims which
he had against the County; in order to secure money to pay off his creditors and reinstate himaelf in
business, his financial condition was such his suppliers were unwilling to continue to give him credit
and the bank had refused financial backing and this rras a ctually putting him out of businesa; In viev
of these facts, Mr. Holton stated that he was prepared to make a motion uhich in his opinion was both
fair to the County and CumLer Moore Plwnbing Co., and although he thought the amount of the.bill was ex-
ceasive he was willing to of£er a compromise settlement. The total amount claimed by the Company was
$26,536.43 and he was willing to concede a total of $27,000.00 £rom which deduct the $7,,000.00 already
paid leaving a balance of $20,000.00 from which he was agreeable to reduce flarther the amount of V;500.00 1ea'viiig a total"'6aleiice•now $ue' ot $37000:00 TFis's- wovYd amo{int t6 the-totsl'payment:.of.bf '$249 $00:00
in :settlement of the'clAim:oE 4269536:43-' v ? . .. . ' --.
f ?
After.a lengthy discussion of this proposal during which the questions in the minds of each
Commissioner were considered and cleared up, Mr. Holton offered the £ollowing motion: That becsuse we ..
have been contacted by Mr. Moore of the Cwnber-Moore Plumbing Co, for a full settlement of their c].aims
against the County for the labor and materials employed in the installation and repairs to boilers and
allied equignent at Community Hospital; we issue a check in full amounting to $17,500.00; subject to a
lien by the Internal Revenue Service amounting to $1,358.65 and any other claims that have been legally
filed against the County for swns owed then by the Cumbar-%ore Plumbing Co;. in addition to the $7,000.00
already paid but not to exceed a total of $24,500.00; that the County 9ttorneq be directed to negotiate
this offer and if accepted, seek a non suit in the Superior Covrt; further, that an appropriation.of
$13,500,00, be authorized transferXed from the Unanticipated Public Assiatance Fnd and $4,000.00 from
the Intangible Receipts Flur& t?-IOFe-Hospitalization Fluid for repairs to the plant; The motion was second-
ed by Mr..Hroadhurst and unanimously adopted. .
ADJOURNMENT:
The purpose for which this special meeting was called having been accomplished, Mr. Williams
offered a motion for adjournment, whieh u+as seconded by Mr. Holton and unanimously carried.
r 3
' W. G. Houck, FScecutive Secretary
Nilmington, N.C. April 21,1958
ASSEMBLY:
The regular weekly meeting of the New Hanover County Commissioners was held thia day in the
Coamissioner's Room at 9:30 A.M. PRFSIIdT Vice Chairman J. E. Holton Jr., Commissioners L. E. Broad-
hurst, Berry A. Williams, Fsnest R. Mayhan, and County Auditor T. D. Love. Chairman J. M. Hall Jr*
xas detsined but came in shortly after the beginning of the meeting. County John Bright Hill was absent
from the meetings on account of siclmess.
OPENING:
Vice Chairman J. E. Holton Jr, called the meeting to order and requested Rev. W. J. Neese of
-the Fi£th Ave, Methodist Church to open the meeting with praqer for guidance.
MINUTES APPROVED:
The minutes of the Meeting of April 14, copiea of whieh had previously been'mailed to each mem-
ber, were upon motion of Mr. Mayhan approved as corrected. The motion was seconded by Mr. Broadhurst and
unanimously adopted. '
DITCHING:
' Messrs. J. T. Barker and Jesse Clemmons appeared before the Board and were recognized by the
Vice Chairman in connection With a weter problem which had previously been investigated by the FScecutive
Secretary and Mr, Dave W. Rivenbark which developed the information that when the State Highway Commission
improved a road joining property owned by Mr. Ianden, which 3s being developed by Mr. Barker, a drainage
ditch was deepened at an angle crossing the.propertp to drain the aurrounding area. Mr. Barker had the
drainage ditch filled in order to straighten and align his property lines. This situation has nov backed
water up over the road and is becoming a health hazard as well as causing damage to the road so that adjoan-
ing property owners are complaining. The Eycecutive Secretary and Mr. Rivenbark took the position that any
property owner wishing to change the natural land drainage on his property in order to benefit himself
should do so at his own expenae and not expect the taxpsyers to bear this burden. We were informed by Mr.
A. K. Msllard who is the Road 5upervisor for the State Highway Commission that he had advised Mr. Harker
on more than one occasion not to close the natural drainage ditch and if he,d'ifl Want to close it, he must
be responsible for providing other means of disposing of natural drainage rrater. Mr. Cleromons says that
he is willing for the rrater to be diverted into a ditch crossing his property provided the County agreee
to keep it open. Mr. Rivenba:rk states that the County has always maintained the ditch since he has been
. ?