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HomeMy WebLinkAbout1958-04-21 Regular Meeting?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 . ? ??4 6 ?? , V-0 Minutes of the Meeting April 21, 1958 Continued DITCHING - (Continued) . ditch supervisor in the Covnty. After considerable discussion, Mr. Williams offered a motion that the entire matter be referred to the Drainage Committee of the Board of County Comiasioners. This motion was seconded by Mr. Msyhan and unanimously adopteei. RpAAS Messers C. E.'Brown Division Engineer; R. V. Biberstein, Assistant Division Ehgineer; R. A. Aahworth, District Ehgineer;and A. K. Mallard, Supervisor, State Highway Commission for the Third Divi.- sion were recognized by the Vice Chairman and explained the proposed road program in Necr Hanover County for the balance of the fiscal year 1957-58 and their projected program for the coming 1958-59 budget year. Answering the various questions of each member of the Board, Mr. Williams introduced•the follow- resolution: :WHEREAS, the New Hanover County Board of Commissioners are familiar with the conditions of the follo4ring described roada, and after careful consideration of the services rendered by said roada anfl the traffic demands of the County, it is deemed necessary that the following roads be improved in order to better serve the interests of the people of thia County. NOW, THEREFORE be it resolved that the Board of Nex Hanover County Commissioners approve an3 request that the State Highway'Commission make the proposed impravenents on the following described roada: Paving -(1) Park Ave. from Hinton east to a paved road. (2) Park Ave. from Floral Pkwy, to the City Limita (3) Holhrooke Ave from Shipyard Ave. to Carolina Beach Road (4) Bell 5treet from South Front to Adams (5) 7Caupon and Cypress Drive Minimian -(1) Police Pistol Aange Road on Greenville Sound Standards (2) From Masonboro Loop Road to U. S. 421 This motion was seconded by Mr. Broadhurst and it was unanimously adopted by the Board. f r G?"-'z?? ADVERTISING Mr. Henry C. Bost, a local advertising executive, was recognized by the Vice Chairman and ex- plained to the Board that s3nce he made a living through the medium of advertiaing, he would like to offer his services.in the interest of the County's.advertising program and beliened that he could give thmn in- formation that trould make the money spent by the County more effective.• He then explained to the Board that once each year-it had been his custom in the past to request the Board for approval of 3oining the City and County on an equal basis in the pur.chase of e full page of displaq advertising in a specisl issue of the Charlotte Observor which is definitely slanted toward the Southeastern North Carolina beaches and usually there would be five or six pages accompanying. The cost of this venture is $441.00 of which the' County would be responsible for $220.50 Mr. Hall offered.s mokion that this request be approved, and thaxiked Mr. Bost for his offer to help the County map the County's Advertising Program at the next budget period. The motion was seconfled by Mr. Williams and unanimously approved. WILMINGTON COMMUNITY COLLFJGE - . ' . Dr. J. T. Hoggard, Chairman of the Board of Trustees of Wilmington Community College was recog- nized by the Vice Chairman and ste.ted that in the past monies from the State Department of Fducation for use by the Wilmington College and Special Levy Taxes for that purpoae were nou set up under the local Admin- iatrative Unit of the 3oerd of Fducation and requested that the Board make available to the Board.of Trust- ees any such funds for their uae as they were incurring obligations from time to time which shou].d be paid and they needed a fluid account made svailable to them. After some discussion of the matter, Mr.•Hall offered a motion that it be referred to the CountyAuditor for a detailed account and recommendation of a7.1 funds now set up for the purposes required by the Trustees of the College and report back to the Board. The motion.was seconded by Mr. Williams and unanimously carried. DRAINAGE - ? Mr. H. C. Borneman, #1 Wallace Ave., was recognized by the Vice Chairman and presented a map xith explanations outlining a drainage problem onto his property by the ditches along the road maintained by the State Highway Department and requested the Board to assist him in requesting that the State High- way Department remedy this vndesirable situation. By common consent of the Board, the Fycecutive Secretary was instructed to refer the matter to Mr. A. K. N,sllard, Supervisor of Roads of the State Highway Commiss- ion for his consideration and disposition. PURCHASE OFFER - ?_?J?? A letter from the Oleander Co. offering ?w250.00 for a tract in Block 4 and part of Lot Q oti+ned ??,? jointly by the City,and County because of Tax Foreclosure proceedings was received by the Board and on motion of Mr. Broadhurat, seconded by Mr. Williams referred to the Tax Sxpervisor for disposition. An appraisal of this property was made on April lOth by Tax Assessor H. S. McGirt for $1,000. ? HIGHWAY MEETING .. ?.. • The State Highway Commission has called an informal meeting for the purpose of discussing High- way•Plans and Problems to be,held in the Superior Court Room of Columbus County in Whiteville, N.C. at ?? 10:30 Tuesday, April 29th. This meeting is not one of the officisl public hearings held by the full commiss- 0 fon from time to time outside of Raleigh but is to be a verp informal discussion of Highwaq Policies and ProblEma common to both the local groups and the State Highway Commission. The New HanoverCounty Board of Commissioners was extended an urgent invitation to attend and instructed the Ececutive Secretary to mail the card enclosed-informing them that they would attend. `?. LUNCHEON INVITATION - Mayor J. E. L. Wade of the City of Wilmington extended an invitation to the Board of County Commissioners to be the guests of the City Council on Thursday, April 24th at 12:30 for luncheon at the Cape Fear Club.•entertaining and honoring the officers of Camp LeJeune. The Pycecutive Secretary uas in- """ structed to notify Mayor Wade that they would accept this invitation. INSURANCE LOSS' - Y On February 17, 1958 some windstorm damage was done at the New Hanover Countyr Airport and proof of such loss xas pre&ented to the Board for approval. Upon motion of Mr. F1a11, seconded by Mr. tdilliams that the Board Chairman be authorized to sign the 3'roof of Loss and accept the settlement. The motion carried unanimously. ' ? ? -., \ ? '2471 Minutes of the Meeting April 21, 1958 Continued NE47 HANOVER TAXPAYERS A550CIATION - Mr. C. A. Pope, representing the New Hanover Taxpayers Asaociation, was recognized and stated -T"4?6 that in connection with the special meeting held last Thureday, April 17th concerning the original bill from Cumber-Moore Plumbing Co, of ?6,536.43 and tince increased to 028,694.79, the TaxPgYers Association had eought permission to intervene and show to what extent that bill was excessive and :in'.tfieir '.opin-: ian,they thought it premature to offer a compromise settlement even if it was a good or bad settlement aince.the litigants on both sides had agreed to the intervention a1loWing thirty days'in which to present their,brief. He requested the Board to honor their agreement and not offer this compromise. He also atated that the Chairman of the Board had agreed to this intervention proceedings but it developed that the Chairman rras not apeaking for the Board, although he could not see how it would make any difference because there was no way to prevent the Taxpayers Association from seeking such intervention regardless of whether he had sgreed or not.' Mr. Pope then stated that it was his opinion that their attorneys McClell- and and Wright still hsd a remedy at law to tie up the money even if the Board authorized payment. . Mr. Aolton expressed himself that while it was true that he had not been a partp-.tn aqy formal action in the matter, however, everyone had hesrd indirectly of the intervention action and he had-not changed his mind since last Thursday's meeting in view of the creditors being vithout their money and un- able to paq their bills and that it would prevent ftu^ther court coats and expenae to the County. Mr. Msy- han stated that he thought they should wait until the County 6ttorney, returned to draw the proper docunenta and instruments. Mr. Williams said that he thought that maybe the Taxpayers 9ssociation was assuming that the Board had given this approval to the Intervention proceedings since only one member of the Board had been contacted. , Ci1MBFRrM00RE C0. VS. NEW HANOVER COUNTY . AYter a further discussion of the Cumber-Moore bill and the special meeting held on April 17p • 1958,-at which time the bill was discussed in detail, Mr. Hall then offered the following motion: . WHEREAS, tfie Board of Cozanty Coffani.ssioners of New Hanover Covnty advertised for bide to repsir or replace boilers in Community Hospital according to law and only txo bids were received on September 9, 1957,•and through a series of circimmstsnces as set forth in the answer of the County in this suit, one bid was withdrawn and the other bid did not meet the apecificationsg that one boiler was removed and the hospital had onlq one other boiler to operate on, and this last boiler failed on or about October 3, 19570 and the hoapital had no heat or hot water and the babies in tkie nursery were cold and many of the patients were elderly people who were sick and cold, and . WIiEREAS, at a regular meeting of the eaid Board of Covnty Commissioners on October 7. 1959 these,facts were submitted to the Board by the Chairman and a reaolution was made by Commissioner Holton, seconded by Commissioner Broadhurst and unanimously passed, declaring a special anergency existed at the hoapital involving the health and safety of the people or their property in accordance with North Carolina General Statutes 143-129- 1957 Supplement, and the Cha3rman was authorized to employ without advertising for bids, Wilmington Iron Works and George A. Moore to put the boilers back in operation at the earliest possihle date and to secure electric heaters for some of the patienta in the hospitsl, and . WHEREAS, the Board of Connty Commissioners did not exceed their authority in declaring that an emergency existed and not re-advertising for bids, especially since they had adnertised according to law on September 9. 1959 and had,received onlq two bids, both of which did not meet specificatiana, and also, that had the Board of Commissioners not declared such an emergency they rrould have been derelict in their duties which might have resul.ted in the death of some of the old and sick patienta in the hoapital, and that the County Commissioners hereby re-a0jg3Le_and ratifv the resolution passed on October 7, 1957, authorizing their Chairman to enploy the Wilmington Iron Works ana°Ge'orge A. Moore to put the boilera back in operation at the earliest possible date without re-advertising for bids, and WFIEREAS, when a bill was rendered by Cumber-Moore Co. for work done and materials furnished, ' the County Commiss3oners questioned this bill and it was necessary for Oamber-Moore Co, to bring a suit against the Coimty for $21,694•79. This was claimed to be the balance due after giving the'County credit " for the payment of $7,000.00 on the total bill of $28,694.79; that this case is now pending in Stizperior Court but an offer of compromise has been made to settle;tkie case for $17,500.00; NOW, THFREFbRE, BE IT RE50LVED, that the Board of County Commissioners, in regular meeting assembled, do hereby ratify and approve the action taken by this Boax3 at the special meeting held on 9pri1 17, 1958, at which time this matter was discusse3 in detsil and this compromiae agreement wea approv- ed, therefore, it is now re-approved, and the Chairman is hereby authorized aad directed to pay to Gumber- ' Moore Co. in full settlement of any claim against the Covnty for xork and materiels on Community Hospital, the sum of $17,500.00 less $1,358.65, which is to be paid to the Director of Internal Revenue, who hae filed with the County a tax lien against Cwnber-Moore Co. in this amount and the Chairman is hereby author- ized to draw a check to the Director of Internal Revenue for the swn of $1,358.65 to pay this tax lien' i+hich has been filed with the County against Cumber-Moore Co. ,n. ? l? Mr. Hall offered the above resolution rrhich iras seconded by Mr. Williama and unanimously adopted. STATE CONUENTION - Mr. Williams was recognized by the Vice Chairman and stated that the Executine Secretary, Mr. / W, G. Houck, had been appointed,Registrar fpr the State Association Convention to be held at Carolina Beach, June 22-25 1958. He also informeT"Se Board that GovernorAod?ges had been engaged as the principe.l speaker oWAh.? at this convention and suggested that the local Coim-ty officials be the firet to register, in advance sinee it would lessen.the conflzsion at the registration desk during the convention. He also informed the Board j?yYthat he, the County Auditor and the bcecutive Secretarq had recently attended a Matrict meeting held by the Institute of Government in IIizabethtown at which time the question of the legality of paying vacation and sick leave for County employees uas discussed and a serious question as to the legalitp of such payments without e definite plan being.on record. ?Mr. Williams then•offere3 a motion that a11 County departments whicti submit budgets have their budget req eats filed in detail incluaing anployees salari'es with the {;oun y Auditor not later ttian June lst in accordance with the provisions o£ the Fiacal Control act. This motion was seconded by Mr. Mayhan and unanimously adopted. , Mr. ldilliams further explained that according to the best information lie xas able to assanble? ? the Ststutes specifical7.y requires•the Board to have a Clerk and offered a motion that the FScecutine Secre- tary be made Clerk and that Nunc Pro Tunc Patification be made as of his originalappointanent. This motion was ruled dead for lack of a second. ffiOILER INSURANCE - -I - Mr. 8roadhurst requested some information as to the insurance on the boiler that was recently NVK7 j damaged at the County Home. The insurance ebnerage is written by H. G. Iattimer and Son and ia in the pro- cesa of being investigated and the proper action taken. Ij Minutes of the Meeting April 21, 195$ Continued i ti-,__,'"BIIAGET SHIFT5 & APPROPRIATIOtZS - to make cert ssar ain changes y County Auditor T. D. Love explained to the Board that it was nece riations and in a few instances increase th a ro f th e appropria- pp e in the original budget and shift sorle o p tions as follows: • Airport - Labor County Farm to nsurance i 00 ?g4 County Aid - Retiraaent " Aud tor Dues . 00 200 n n n n " Stationery, Suppl3es . . n n n " Clerk of Court - Capital Outlay 190•30 n n n it Commissioners.- Repairs Equipment 3.33 , n n n „ It - Telephone 85.00 n n a " Gpunty Aid - Public,';Audit ..,... ... . 50.00 a n n n " "- Social Security 2f000.00 ` n e n ^ Court House- FYre Ins. 375.00 n n n ?? n n_ LightB, Power • 325.00 n n n n n n_Capital OutlBy 185.01 n n n " Jail - Gse 150.00 n n n n ? - Janitors Suppliea 125.00 n n n n •• _ Produce from Farm 40•00 n n n " Tax Collected -Refluid Taxes • 150.00 Training School Donations " County.9id - Boolmobile 175.00 n n u n n n R n_ Fire Ins, Cape Fear Armory 25.00 Jail - Medinine " Jail - Elevator 3.52 n _ n " Jail - Water SeweragB 49•47 General F1md Dnergenep " " - Groceriea . 500.00 n a n n Sheriff - Auto Expense 11500.00 n v a " Superior Court - Jury Fees 3,000.00 n n n n 11 It - Witnesa Fees 11000.00 n n a n " " - Lodgingsl Meals 400•00 n n n " Prepaid Tax Discount 264•91 n n n n Commissioners- Duea, Subscriptions 50.00 n n n " Clerk of Court - 5elary 280.00 m m ? nI Superior Court - " 120.00 n m e n Tax Collector - Public Audit 227.50 MacEae Pgrk - Labor Farm " MacRae Park - Repairs, Fqu3.pment 315.00 Recorders Court-Bindera Record Booka " Recorders Court - Stationery,Supplies 182.65 Sheriff - Travel " Sheriff - Fire, Theft 1.00 Superior Court - 5pecial Attorney ° Superior Court - Ststionery, Supplies 150.00 County Aid - Retirement " Tax Listing - City Liatera Salaries 80.00 Tax Listing- Capital Outlsy n n n a u n 300.00 " " - Red Hook " " " - Telephone 50.00 Agriculture- Eoonomica, A S C " Agriculture-Economica,Countp -Agent Travel 100.00 County Home Dnergencq " County Home - F1ie1 500.00 n p_ n n n n - Groceriee 500.00 n n n „ ^ n - Fire Ins. 105.00 n n n _ Janitore Supplies 750.00 a n u n n " .. Medlcal 800.00 Mr. Williams offered a motion that the transfers and additional appropriations shown above be approved. This motion was seconded by Mr. Hall and unanimously adopted. DRAGLINE - \ Mr, Ha11' offered a motion confirming the action of the Hoard last fall promising relief for -?' water accumulation in a lake at the end of one of the runways at the New Hanover.County Airport. Right- of-Wc?y for this drainage ditch has been signed'ibythe property ownera through which the ditch must pass, and the Soil Conservation Office to stske out the levels and the Ekecutive 5ecretary authorized " to proceed at once for making arrangements to start thia operation as soon as possible. ° Mr. Mayhan sec- onded this motion but offered the observation that xe should require a daily report as to the munber of yards of soil moae3 each day. When the vote xss called, Mr. Williams regiatered a negative vote, the other four being affirmative. The Vice Chairman ruled the motion adopted. • ADJOURNhfENT - Upon motion of Mr. Holton, seconded byMr, Broadhurst, the Board adjovrne3 unanimously. ? . / - W. G. Houck, FScecutive Secretary Wilmington, N. C. April 28,1958 'ASSEhIDLY - The regular weekly meeting of the New Hanover County Comnissioners was held thia day in their ofFice in the County Court House at 9:30 A. M. PRFSENT Chairman J. M. Hall, Jr. Commissioners E. R. M3yhan, Berry A. Williams, L. E. Broadhurst, James E. Holton, Jr; County Auditor T. D. Love and County Attorney John Bright Hill. ? ??9"'""" • ,^A ryv ? IPNOCATION - Chainnan J. M. Hall, Jr, called the meeting to order and requested Rev. W. D. Morr,is, pastor o£ the Temple Baptist Church, to open the meeting with prayer for guidance. MINIITFS APPROV•ID - The minutes of the meeting held April 21st were approved, having been mailed to each oF the mem- bera £or revieW, and after the Gounty Attorney requested approval of the insertion of a reeolution which he would draw xith reference to the compromise settlement xith the Lumber'-Moore Plumbing Co.,, upon motion of Mr. Holton and seconded by Mr. Mayhan, unanimously adopted, , S• .