1959-01-19 Regular Meeting
Wilmington, N. C. January 19,1959
ASSENiBLY -
The regular weekly meeting of the New Hanover County Board of Coirmiissioners
was held this day at 9:30 A. M. in the Commissioners! Room of the Court Iiouse. PRESENT:
Chairman J. E. Holton, Jr., Commissioners L. E. Broadhurst, J. M. Hall,'Jr, and
Berry A. Y7illiams, County Auditor T. D. Love and County Attorney John Bright Hill.
Commissioner Peter H. Braak was out of the city and unable to attend the meeting.
INVOCATION -
Chairman Holton called the meeting to order and asked Reverend J. L. Davis,
Evangelist Pastor of the .4dvent Christian Church, to invoke the Divine Presence through
prayer.
APPROVAL OF TAE MINUTES
Upon motion of Mr. Williams,
meeting were unanimously approved after
the Paragraph headed Drainage Committee
a, and before ditch in line y and under
Executive Secretar?y "was instructed to
build the land up,' •
seconded by PSr. Hall, the minutes of the last
the following corrections were made: Under
Report, insert the word "public" after dlock.
the Paragraph headed Trash Dump insert after
see that a trenching method be used which would
POWER LIIdE EASEMENT -
Mr, Richard H. Powell, en$ineer for the Carolina Power & Light Company,was
recognized by the Chairman and explained that in order to eliminate the present power
line crossing the glideway and provide better facilities for continuous power to the
new Lace Plant on North 23rd Street they proposed to tie in and erect a line parallel
to the North 23rc3 Street Extension which would require some poles being placed on County
property and requested an easement for this purpose. Mr. Broadhurst moved that the
easement be approned and the Chairman and Clerk to the Board be authori2ed to execute
the easement agreement. This motion was seconded by Mr. Williams and unanimously
approved.
? ENTERTAINMENT -
^"? The Executive Secretary informed the Board that Magor J. E. L. Wade had re-
?,h? requested their approval for the participation in the entertainment of the delegates
to the National Rivers and Harbors Congress which will hold a meeting here on February
7, 1959. In his opinion, the cost would approximate $100.00 which would be shared
equally between the City of Wilmington, the County of New Hanover and the Chamber of
Coxrmierce. Nir. Williams offered a motion that this request be approved, seconded by
Nr. Hall and unanimously adopted.
DRAINAGE REQUESTS -
'.? A Petition was received from c3tizens for relieving stagnant water which is
continually present in a low area on Henry Street at the intersection of Princess Place
Roed in the Foxtown subdivision and a Petition from Citizens for cleaning out debris
from Prince George Creek on the Blue Clay Road. In the discuesion of these petitions,
(,??r4mBt it developed that the Federal Government had allocated $3500.00 to the Health Depart-
ment for cleaning out ditches of trash and trees blown in by Hurricane Helene through
the Civil Defense and Mobilization Administration but that tne specifications required
the use o£ the dragline but prohibited the.moving of any soil in the operation which
makes it unavailable for County use unless the specificatione can be modified to in-
clude the use of hand labor. Upon motion of PSr. Williams, seconded by Mr. Hall, the
petitiona were ordered referred to the Drainage Committee for investigatfon and recom-
mendations. I
TRASH DUMP
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The Chairman observed that the Board had taken eome action last week with
reference to the handling of the Trash Dump but informed the Board that he had person-
ally handled the matter with Mr. Merritt, the operator, on the Friday before but fail-
ed to inform the Executive Secretary. He reported that the operator complained about
the dumping of trash indiscriminatel9 during the time when no attendant waa present
and recommended that a gate be placed at the entrance and certain hours be established
in order to better control the management of the entire dump. It seems that there is
a scarcity of so31 necessary for the covering of the trash and requested the use of
the dragline in leveling some high places in the gorge and stockpiling the dirt for
use of covering the trash. Mr. Williams offered a motion that a gate be erected at
the entranco to the trash dump and that it be open from 7:00 A. M. until 6:0 0 P.M during
the winter months and between the hours of 7:00 A. M. and 7:00 P. M. during the sum-
mer months and that the dragline be used as requested when it was not in active use
in the drainage program. This motion was seconded by Mr. Hall. Mr. Broadhurst was
of the opinion that since the matter had been handled by the Chairman previous to last
week's meeting that the action should be rescinded and stricken from the racords. Mr.
Williams observed that the motion just made should solve the present problem and when
the vote was called there were no negative votes. The Chairman ruled the motion adopt-
ed.
PUBLIC TRIIST FUNDS
As instructed at the last meeting, the Executive Secretary had the Indepen-
dent Aud4tor, Mr. W. C. Barfield and the CSC, Mr. Foeter Edwards present at the meet-
ing for a discuesion of the recorrmiendation in the last AudSt report that Public Trust
Funds be deposited in a separate bank account and dispersed through checke. It devel- .
oped that the ma.jority of the fund= handled by the Clerk's office was what might be
termed "fast money" in that it is dispersed the same day it is received or not later
than the following day. On rare occasions when large sums of money are paid in but
held for any length of time, it is deposited in the Civil Witness Fee account and held
in escrow and dispersed by check. The Independent Auditor explained that his recom-
mendation had served its purpo•e in calling the matter to the attention to the Board
as well as the Clerk and although from an accounting standpoint, his recommendation
was sound, at the same time he recognized that from a practical standpoint the present
syatem was adequate and since it was an established one which seemed to be well pleas-
ing to the "customers", he thought a continuation would be satisfactory. Mr. Hall
then o£fered a motion that the same system as now used for'handling trust funds by
the Clerk of Superior Court be allowed to stand. This motion was seconded by Mr. Broad-
hurst and unanimously approved.
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Minutes of the Meeting January 19, 1959 Continued
FISCAL YEAR AUDIT -
Mr. Williams re£erred the Auditor to a statement on Sheet #2 of his recent
Audit with reference to a diecrepancy in the deposits and receipts of the monies handled
by the Community Hospital. Mr. Barfield explained that since he did not audit the Com-
munity Hospital books and that all deposit• were made by the Hospital and a duplicate
deposit slip furniQhed the County Auditor, he was unable to definitely pinpoint the rea=
son for apparent differences between the receipts and deposits which amounted to approx-
imately $200.00 in a period of a year. The Board, by cornnon conaent, recommended that
this matter be called to the attention of Mr. Braak who represents the Commisaioners on
the Board of Directors of Coirmnznity Hospital and request him to secure an explanation
and report to the Board. He wae then questioned about his mi.scellaneous recommendation
as shown on Sheet 7 in his Audit Repoi•t which over a period of years has ranged frorri a
complete new accounting syetem for the County to a general overhauling of the present
system. He explained that any system of accounting the size of New Hanover County's
was in a period of continuous development and the installation of a completel9 new account-
ing system would be very expensive and require the replacement of nearly all the person-
nel now handling the present ayatem and recommended that the present system be used but
an Auditor be appointed early in the 9ear who yrould be able to ofPer advice from time to
time and keep a watchful auperviaion continuously. In this way, the syst.am could grovr
with the needs and develop as usage and experience required to reflect the true condi-
tions of the County's business. By common consent, the Board agreed that the present
aystem of records in the County were 'adequate.
ROAD PETITION -
Mr. C. S. Newton presented a Petition for paving Brentwood Drive in Cape
Fear Tormship which represent• a loop running from the Ca•tIe Hayne Road to Palmetto
Drive and back to the Caetle Iiayne Road. Mr. Newton stated that this section of road
had been previously approved for paving by the State Highway Connnission but no action
resulted. IIpon motion of Mr. Broadhurst, seconded by Mr. Williams, and unanimously ap-
proned, the Executive Secretarc waa authorized to forward the Petition to Mr. C. E.
Brown, 3rd Division Engineer, and request an explanation for the apparent indifference
to the Commissionera acceptance for this road+s improvRmAnt,, '
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OLD AGE ASSISTANCE LIEN -
As requested at a previous meeting Tax Assessor H. A. NeGirt reported that
he had inspected the property listed in the name of 0. W. King and found a house in poor
condition but which could be repaired, and 6 acres of land , and thought that an apprais-
al value of $2,000 was £air. He stated that so far aa he could determine from the re-
cords available to him there were no other undivided interests involved, however, he •
recommended that the County Attorney check the deeds to determine the exact ownership
as it might be that the County is entitled to the entire value. By comnon consent, the
Board ratified the action last week in rejecting the offer of $500.00 by Carr and Swails
for aettling the matter..
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FREEMAN BEACH GROINS - -4 . ?
The Chairman of the Board stated that in hia op3.nion immediate action should
be taken to repair the damage caused by Hurricane Helene to Freeman Beach and that the
groins for which money was budgeted be ueed to conatruct suitable protection for the con-
tinuoua wearing away of the northern end of Carolina Beach. The Executive Secretary ex-
lained that H. B. Ludlum and Sons proposed to deliver heavy riprap to the beach for
?$6.30 per ton but that it would require heavq equipment to place the materials. He aTso
informed the Board that our request for Federal Assistance through the Civl Defense'and
Mobilization Administration amounting to $106,287.00 for Hurricane Helene damage includ-
ed e restoration of that section of the beach. Ae furth,er informed the Board that Heriry
Von Oesen and Asaociates were the engineers handling the Beach repa3rs for the Town of'
Carol3na Beach and would dovetail their proposal for Freeman Beach into the same general
system. The Executive Secretary was instructed to request Nir. Von Oesen to be present'
at the meeting next Monday and be prepared to present recommendatione for thia proJect
such as specifications and costs.
COIIRT ROOM AIR CONDITIONING
As requested by Mr. Broadhurst, the Executive Secretary had arranged with
Ns. Von Oesen to be present and present a modification of the plans which he had 'previous-
lq drawn for air conditioning the Court House in order to fit them in proniding air con-
ditioning for both the Court Rooms by this summer. Mr. Von Oesen was unavoidably delay-
ed and did not appear untfl after adjournment. • '
General: The Chairman and the Executive Secretary di=cu:sed the proposal
for the work at Fr.eeman Beach and explained to Mr. Von Oesen that we needed sorrie speci£i- r,2R,0''-k
cations and recommendationa for repairing the damage to this beach as well as a prevent-
ive to further erosion. Mr, Von Oesen explained that because of the inlet just above
Freeman Beach it starved that section of the beach of any replacement of sand arid said
that it would be a very difficult problem and in fact, 3n his opinion, groinQ would not
rebuild the beach at that point.
With reference to previous specifications for the Court House air-condition- I?/^
ing, he said that he could uae the previou= plan: and epecificationa and modify them to C?f-?'?L1BR'
adequately cool the Court Rooms without the rest. of the Court House. He will meet with
the Board next Monday and make certa.in rec.oxunendationq and proposals as well as estima-
tions 'of the coet for the tiao projects above. . . . ••
UTdPA2D BILL - CONiNUNITY HOSPITAL . • The County Attorney informed the Board that he was ablo to defer any action
on the claim for John E. Wood Electrical Company for $802.75.until next week and upon
motion of Mr. Hall, seconded by Iqr. Broadhurst, the Board unanimously agreed to defer •
any action until then and that no reference would be made in the minutea of last ioeek. •
SPECIAL CIVIL TERM '
The Board was informed that the Chie£ Juatice'of the Supreme Court of North Carolina had ordered a Special Term of Superinr Court for the trial o£ Civil cases with-
out Jury for the week beginning Monday, February 2; 1959. ' .
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Niinutes of the Neeting January 19, 1959 Continued
/ COURT REPORTER
Mr. Dwight McEwen, the Court Reporter, 3nformed the Board that he had a regu-
lar term of Court in Pender County beginning the week of February 2, 1959*and that under
his contract with the County when a Special Term was ordered tha County would provide
a substitute Gourt Reparter. N1r. Hall offered a motion that Mr. McEaen secure a sub-
stitute reporter for the Special Term which was •econded by IJir. Williams and unanimoue-
ly adopted.
SEPTIC TANK PROBLEM -
The Executive Secretary reported to the Board that the septic tank in the
parking area in back of the Court House had become filled with sludge which caused an
overflow in the Ladies' Rest,Room used by the Welfare Department and that the Custodians
had been called at 2:00 in the morning to mop up the Court House floors. He further
stated that his investigattQn 3ndicated that the only solution to the problem was to in-
stall an auxiliary tank next to the building with a pump to lift the aewerage into the
city system.
SAFETY COMMITTEE APPOINTIPIENT -
? Mr. Williams informed the Board that it had come to his attention that PSr.
Ben R. Clayton had been named as president oP the Greatar Wilmington Safety Council and
suggested that the Executive Secretary write a letter congratulating him on the accept-
ance of the reeponsibility and wishing him 9L1CC2av,
REPORTS -
The Grand Jury Report was received covering activities during the January
1959 Term of Criminal Court and ehowing 69 Witnesses examined and 54 Tr.ue Bills and re-
5 porting Justices of the Peace records and Warrants checked and found to be in order.
The report was ordered filed £or information.
BOND BURNING
After confirmation of the Bonds having been inspected to meet the legal re-
quirements, the following paid Bondsand Coupons were burned and witnessed by the entire
Board.
6/30/56 to 2/18/ 7 $78,908.75
2/18/ 7" 6/20/57 131+, 053. 75
6/26? 7 " 3/31 8 73,027.50
3?31/58 6/24?8 1220952.50
Mr. Williams offered the motion which was seconded by Mr. Broadhurst, authoriz3ng their
destruction, and unanimously approved by the Board.
? PETIT JURY -
T}ie following good and lawful persone were selected to sarve as Jurors for
the trial of Civil cases for.the weeks beginning February 9th and February 16th, and
for the trial of Criminal cases for the week beginning February 23, 1959.
Jurors for the trial of Civil Cases - Februar.y 9. 19519
G. W. Lee RFD 3, Box 343 a Jung Wing 105 Ghurch St.
N. W.-Bond 2529 Adams St, C. N. Gainey RFD, Loop Road, Box 171
W. E. Hull ' RFD 3, Box 614 Paul Hese 202 Brookwood Ave.
J. F. Wol£ RFD 2, Box 97 H.J.H. Garms 2509 Jackson St.
W. E. Carr 105 Hawthorne Road , W. T. Morgan 1816 Perrp Ave.
W. W. Knape 51 Lake Forest Pkwy. W. P. Farrar P. 0. Box 418
E. R. Wilson P. 0. Box 1331 J. B. Mewborn 506 Northern Blvd.
P. R. Smith 215 Market St. Harvey Lee 713 Colwell Ave.
A. 0. Lewis 228 Dixie Ave. J. N. Justice 1810 Castle St.
P. W. Smith 54 west Drive Peter suis, 656 Castle Hayne Rd,
J. W. Benton 117 S. 7th St. D. L. Leonard 2712 Monroe St.
L. F. Walker 620 Rosemont Mrs. John Young RFD 1,Box 141
S. H. Hinson Box78, Wright=v. Beach T. F. Shepard Wilmington, N.C.
James H. Odum 2725 Adama St. C. I. Brineon 307 S. 2nd St.
Wm. C. White 908 Live Oak Pkwy. S. G. Shelton RFD 1, Box 76
Aaron May 1132 Country Club Rd. J A. Bobbitt 513 Princess St.
L. K. Batson 1604 Castle St. L. 0, Maready 709 Central Blvd.
L. W. Walton 611 S. 6th St. Robert E. Roudabush 233 Castle Hayne Rd.
Joe B. Carrouth Car 25, Box 359 Archie W. Pierco 3719 Market St.
Charles E. Thompson 708 Castle St. Thao Patterson P. 0. Box 151
Oscar M.-Brown; Jr. 28 C. Adams St. Harry E.Beavera 10 Court L. Lake Village '
Thomas M. Overman 123 Rutledge Drive Hoyt L. Beckham 2856 Adem4'St. .
Arthur R. Turner 1 Ct.Z. Lake Village Cornelius Swart P. 0. Box 838 Henry L. McCloop RFD 1 Box 465-a Walter S. Musial RFD l, Box 54 A,Castle
Richard H. Piner 203 Pinecreat Pkwy. LeRoy Whitfield 119 Viotoria Dr. xayna,N.C.
3urors for the trial of Civil Cases - Februar.y 16, 1959
E. L. Hedrick 2807 Washington St. Herbest Best 205 N. 7th St. N. A. Nerritt 401 Cheatnut W. G. Trevathan 2526 VanBureri St.
E.' B. Snipes Jr. 216 N. 22nd St. E. H. Whitaker Sr. 1012 Market St.
Leon W. Lew3s 507 S. 5th St. Harold Marks 10 N. Lake Village
L. I. Lasaiter 1910 Nun St. Louis A. Scott 2103 Creasy Ave.
L. B. Borneman P. 0. Box 313 Nick Patelas 208 N. 3rd St.
J. 0. Crawford 217 N. 25th St. George R. Krese 225 N. 22nd St.
R. V. Hardison 1414 Castle St. Jeese Jackson 1919 Perry Ave.
W. D. Borneman 301 S. 7th St. Stephen E. Green 1112 Park Ave.
R. A. Cromwell 9 Colonial Drive Floyd M. Hufham 518 S. 18th St.
Henry E. Hough 216 Victoria Drive Herman C. Koelz RFD 3, Box 366
B. C. McCormick 202 Nun St. Edward L. Gray 402 Marstellar St.
A. H. Goodnight 4805 Wrightsville Ave. G. D. Henrickson 2202 Mett• Ave.
John Verzaal 616 S. 17th St. Fonzie Carter 113 Spofford
B. J. Johnson Jr. 602 S. Front St. C. F. Wethington 207 Ann St.
W. H. Alexander RrD 1 Dail Elaworth 41112 Wr3ght St.
continued-
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Minutes of the Minutes January 19, 1959
JURORS- Continued
Orvan J. McCoy
Micky Ramsey
Frank Ta.lman, Jr.
Fleet P. Peterson
Charles L. Taylor
Aaron T. Mitchell
Crowell E. Spivey
Rudolph S. Sullivan
Charle• T. Williams
#4920 Park Ave.
RFD 2, Box 426 A
601 Central Blvd.
14 H Lake Village
303 s. 2nd St.
202 s, ybtn St.
140 Colonial Circle
119 N. 52na St.
2521 Adams St.
Cont3nued
Justin S. Smith
Louis C. Bryant
Robert B. Elliott
Andrew S. Spooner
Laurence Lawson
Thomas B. Jackaon
Gibson Register
William Letendre
Leonard J. Hannah
Jurors for the trial of Criminal Casea - Februarv 23. 1959
J. E. Bugg
L. W. Hood
R. L. Fryer
S. R. Johnaon
L. A. Barnes
G. F. Teeter
C. L. Hinnant
J. F. Peacock
James B. Hinea
C. N. Phillips
Charles S. Mayer
M. Freeland
D. L. Campbell
Forest L. Riggs
E. A. Rivenbark
Jamea C. Cliff
R. B. Hiclmian Jr.
Henry B. Neier
GeorgeL. N:itchell
Herbert L. Young Jr.
U!illie C. OQuinn
Samual MeGuire
William E. Bellamy
Rupert Strickland
Herbert Noskowitz
122 Grahkm St.
5317 Wrightsville Ave.
2427 Jackson St.
305 Frances Marion Dr.
RFD 2, Box 444
415 Mercer Ave.
10$ Lake Forest
2848 Jefferson
54 Woodlawn
Hotel Wilmington Herman Walton RFD 2, Box 37
3735 S. Front St. A. C. Widenhouse 104 Morningside Drive
613 Chestnut St. John F. Flowers Kurea Beach, N.C.
127 Greenville Ave. John T. Foreman P. 0. Box 199
28 West Drive Willis Wil•on 12 Q Lake Village
Kure Beach, N. C. Pete Balafas Wilmington, N.C.
B 12,01eander Court Apts.Edwin K. Warren 2112 Klein Road
140(} Castle St. James M. Idewton 15 Pinecrest Terrace
1302 Churchill Drive Frank H. Harriss P.O. Box 181,C rol?rR
?eac
2523 Washington St.
Louis G. Sasser .C.
2712 Jack.=on S
224 Page Ave. J. B. YJilliams,Jr. 136 Colonia2 Circle :
228 N. 23rd ST. William M. Burns D 13 Oleander Apta.
2935 H. Adams St. Sidney Hawkins 5101 Oleander Drive
RFD 3, Box 135 Arthur K. Inman 111 Virginia Ave.
RFD 1, Wright:boro R oad John Kondracki 2849 H Adams St.
:2216Metts Ave. A. K. Summerlin Jr. 17 N. 25th St.
22 Summitt Walk Raymond E. Taylor 28LE9 D. AdAms St.
27402 Mimosa Place
% ACL RR C James R. Upchurch 198 Pinecrest Pkwy,
o. Robert L. Cowan Sr. 2710 S. Van Buren Stt.
196 Pinecrest Pkwy, Henry Wm. Dixon 11 Gen.Deliv. Ca
a
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302 Virginia Ave.
Dgqid Struthers g
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rT.C.
211 N. 22nd ,
RFD 1 Bor. 190,Ca
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ft
0 e,N.C Ra ndolph Radford 90 Pinecrest Pkwy.
1209 Azalea Drive
F
518 S Phillip L. Sullivan Box 366, Wrightav, Beach
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ront St. Clayton W. Fountain 2202 Princess Place Dr.
1905 Ann St. John C. Christian Jr, 31 Jackaon Drive
ADJOURNMENT -
journed Upon motion of Mr. Hall, seconded by N?r. Williams, _the Board unanimouQly ad-
.
Wilmington, N.C. Januarp 26, 1959
ASSEMBLY
The regular weekly meeting of the New Hanover County Board of Commissioners
was held this day in the Commisaioners' Room of the Court House at.9:30 A. M. PRESENT:
Chairman J. E. Holton, Jr., Conunissioners L. E. Broadhurst, Peter H. Braak, J.M. Hall,
Jr, and Berry A. Williams, County Auditor T. D. Love and County Attorney John Bright
Hill.
INVOCATION -
Chairman Holton called the meetingtn order and asked Reverend C. H. McLean,
Pastor of Delgado Presbyter3an Church, to open the meeting with prayer. •
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., APPROVAL OF THE MINTJTES -
Upon motion of Mr. Broadhurst, seconded by Mr. Williams, the minutes o£ the
' laet meeting were approved as written.
COURT ROOM AIR CONDITION2NG -
Mr. Henry Von Oesen appeared before the Board at the request of the Executive
Secretary with reference to a proposal £or air conditioning the Court Rooms. He explained ?J.
that the plans which were drawn several 9ears ago could still be used and that if the an-
tire Court Houso was air conditioned according to those specificat3ons, the eetimated
cost would be $355000, This system includes the use of hot and chilled water which would
alternately cool the building in the aummer and heat the building fn the winter. The
second proposal would be a modification of the above system which could later be expanded
to include the ent3re building at a later date and aome of the equi.pment would be salvag-
able and limited to a direct cooling operation only. The estimated cost is $25,000. He
outlined that a third alternate would be to install the package cooling equipment in the
basement to eliminate the noise in the Court Rooms and use cooling units in the windows
whieh could be manually adjusted and which he estimated would cost $20,000 or $10,000 per
Court Room. Mr. Broadhurst suggested that poseiblg two-ton window units might be used
to which Mr. Von Oesen answered that each Court Room would require approximately 25 tons
which means that it would be necessar,p to use 12 or 13 two-ton window units and that-in
his'.opinion that the additional wiring, maintenance costs and length of service uo uld approx-
imate the estimates above and in add3tion the noise would render them more impractical. Mr.
Willisms observed that at tho preaent time the trend was to set up a system of State Courts(?,
and do away with the local Courta and he thought it might he well to have a long range
study made involving the surveying the utilization of the entire building to aee that the
maximum use of all office space was made. The matter was taken under advisement for atudy.
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W. G. Houck, Executive Secretary