1959-04-06 Regular Meeting407
No meeting was held on this date, being Easter Monday,
day by the Board.
ASSENBLY -
% Wilmington, N. C. March ?30,1959
and having been declared a Holi-
, O v ?- / Y c'?l /
? W.G. H ck, Executive Secretary
Wilmington, N.C. April 6, 1959
The regular weekly meeting of the New Hanover County Board of Commissioners
was held this date at 9:30 A. M. in the Commissioners' Room of the Court,House...PRESENT:
Chairman J. E. Holton, Jr., Commissioners Peter H. Braak. L. E. Broadhurst, J. M.
Hall, Jr. and Berry A. Williams, County Auditor T. D. Love and County Attorney John
Bright Hill.
INVOCATION -
Chairinan'Holton'6ailed the meeting to :drder and-asked Reverend' ;Frank A.Elliott,
Pastor of Bethany Presbyterian Church, to open the meeting with a prayer.
APPROVAL OF THE MINUTES -
The Executive Secretary informed the Board that he had omitted the following
motion which should appear in the Paragraph headed ABC Funds Diversion: "Mr. Hall moved
th a t h e.. was heartily in favor of the teachers getting a raise but he was definitely
opposed to the method proposed in the Legislation under HB 292 or SB 11E1 now before
the Legislature which would increase sales tax on spiritous liquor from the present 10%
to 17% in order to raise the money. This motion was seconded by Mr. Williams and unani-
mously approved." Mr. Williams then moved that the minutes be approved as amended above.
It was seconded by Mr. Braak and unanimously adopted. ?
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PROPOSED RETIREMENT LEGISLATION
Pursuant to the tabled motion last week the above matter was again brought
up for discussion and Clerk of Court Foster Edwards was recognized by the Chairman and
stated that he was speaking in behalf of the employees who have money in the Retire-
ment Fund. He referred to the proposed amendment expiaining that the only money affect-
ed would be the empioyees' contributions. He further,stated that there had never been
a need up to this time for the act but that.he thought the employees should receive at
least the money that they had actually contributed. During the discussion, the quest-
ion was raised as to how the fund would be built up and replenished if everyone were
allowed to draw out that portion which he had contributefl. There seemed to be no ready
answer to this question at the moment and Mr. Wil2iams moved that the proposal again
be tabled until next week in order to give eaCh of them time for more study. His motion
was seconded by Mr. Braak, whereupon Mr. Broadhurst offered a substitute motion that
the proposals be approved and recommended to our Legislators and their support request-
ed. The Chairman ruled that a substitute motion could not be entertained over a motion
to table and, therefore, it was not in order. The vote was taken on the original mo-
tion and Nr. Broadhurst voted "NO", however, the Chairman rnled that the motion had pre-
vailed and instructed the Executive Secretary to place it on the Agenda at the next regu-
lar meeting.
DRAINAGE - WILMINGTON COMMUNITY COLLEGE•
Mr. F. B. Graham, Chairman of the Building and Grovnds Committee, Mr. Leslie
N. Boney, Jr„ Architect, and Henry VonOesen, Engineer for Wilmington Community Col-
lege, appeared before the Board and demonstrated, through: an aerial map, that there
was a low area in the centrai rear Qortion of the proposed college campus which would
require a dragline operation in order to properly drain the properties into Bradley
Creek which is approximately one mile. They stated that there was plenty of fall be-
cause the elevation at Bradley Creek was 27.3' above sea level and that the lake in the
low area was 37.81. They promised to do the engineering work, chart the channel and
furnish proper grades and levels stakes if the County would agree to use their dragline
in opening this canal. Mr. Williams offered a motion that the request be approved and
the work scheduled through the Drainage Committee as soon as possibie. Mr. Braak se-
conded the motion which was unanimously adopted by the Board.
CIVIL DEFENSE EXPANSION
Pursuant to a tabled motion at the last meeting, a copy of the Civil Defense
Operational Survival Plan for the Wilmington - New Hanover County Target Area was pre-
sented to each Commissioner by the local Civil Defense Director, Colonel James B. Mc-
Cumber. The Chairman requested the Board to study the reports until the next meeting
and instructed the Executive 5ecretary to place it on the Agenda for further discuss-
ion at that time.
NEGRO HOME AGENT - . '
Mrs. Rebecca L. Hall, local Negro Home Demonstration Agent was recognized
by the Chairman and stated that New Hanover County was rated by the Extension Service ?
as heing eligible for training prospective Home Demonstration Agents and introduced
Miss Elaine Moel from Roxboro, North Carolina, a Senior at A 8 T. Coliege, who will
spend her training period in our County to observe and learn the practical problems
which will face her when she graduates. She requested that they be allowed to sit in
on the meeting and thus learn some of the matters presented before a Board of County
Commissioners. She was welcomed by the Board.
HEALTH BUILDING INSPECTION
A letter was received from the Health Director, Dr. C. B. Davis, informing
the Board that progressive evidence of structural failure in the present Health Build-
ing might endanger the public and requested an investigation by an expert of an ob,ject-
ive appraisal of its condition. He asked that the Consolidated Board of Heaith be in-
formed of the recommendations not later than the May 6th, 1959 meeting. The Chairman
suggested that the City Building Inspector be asked to inspect and appraise the damage
to the building. Mr. Broadhurst moved that we have Mr. Rhoda Farrow look at it explain-
ing that in his opinion he was as good as any that could be obtained. There was no
i?r??,?t'`?t
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Minutes of the Meeting April 6, 1959 Cont3nued
HEALTH BUILDING INSPECTION - (continued)
second to this motion and the Chairman ruled it dead. Mr. Braak then offer-
ed a motion that the City Building Inspector, in company with Mr. Farrow, be requested
to make this inspection and furnish the Board with recommendations. Mr. Williams se-
conded the motion with the remark that the Executive Secretary should contact the par-
ties concerned and arrange for their joint inspection, and when the , vote , was taken,
it was unanimously approved.
LEGISLATIVE PROPOSALS -
A:etter was received from Speaker Addison Hewlett, Jr., in response to our
/ legislative proposal of March lbth regarding a B311 regulating the stoppage or blockage
Cr?of drainAge ditches. He called attention to a State-wide Act passed by the 1957 Sess-
? id ion of the General Assembly regarding this matter. The County Attorney informed the
Board that he had studied that Act which covered agricultural or farm drainage ditches
and did not seem to fit the requirements which were in mind when we made the request.
A letter from Senator Cicero P. Yow assured the Board that they would sup-
port the Bill to microfilm certain County records. He further explained that he.and
Nm. Hewlett were aware of a 5tate-wide Bill regarding a Building Inspector and if it
did not pass they would discuss further.the local Bill. In addition he informed the
Board that HB # 248 known as the Sterilization Bill had little chance of receiving a
favorable Committee Report and he did not think either he or Speaker Hewlett would ever
have a chance to vote on it.
ABC Fund Diversion - Mr. Hall reported that he had attended a Committee Re-
? port Hearing on the above increase in taxes on sp3ritous liquors and in his opinion it
G? would not be r.eported out of the Committee for most of the Committee members have the
same feeling as the Commissioners and some of them expressed their conviction that
higher prices would lead to an increase in bootleggers who wouid defeat the purpose of
legal control. The County Attorney was instructed to arrange a meeting with our Legis-
lators for the purpose of discussing any Legislative Proposals which are under consid-
eration or might come up, (County Attorney Hill has arranged for a meeting with Sena-
tor Yow and Speaker Hewlett in the Commissioners Room at 4:00 Friday, April lOth.)
SCHOOL CROSSING GUARDS -
? A letter was received and read by the Chairman from the Principal and PTA
S? officers of the William H. Biount School commending the Board for their farsightedness
in the employment of School Crossing Guards in their school district.
PIPE PLACEMENT -
The Executive Secretary informed the Board that he had received a request
from Mrs. Julia F. Eimore, 3729 Carolina Beach Boulevard, requesting the use of the
County forces in laying some pipe in a County drainage ditch which crosses her back-
yard. She promises to furnish the pipe and any additional dirt required to cover it.
Upon motion of Mr. Hall, seconded by Mr. Braak, the Board unanimously voted to approve the
request.
BUILDING EXPANSION PROPOSAL -
A letter was received and read by the Chairman from Mr. Hargrove Bellamy
offering to remodel a three story building for the use of either the County or City
offices to relieve the need for additional space facilities. This letter brought up
the question as to the problem of renovating the Court House as well as the considera-
tion for the installation of air conditioning. Some thought it was wise to consider a
study of the entire building by qualified and competent persons in order to arrive at
an approximate cost and determine if available space might be increased to-meet our
future needs. After some discussion, it was decided that since the law now permits a
County to enter into continuing contracts they might consider this problem during the
next Budget study period. By common consent, they agreed to sLudy this matter for two
weeks and instructed the Executive Secretary to place it on the Agenda for the April
20th meeting. .
PAVING PRIORITIES -
Chairman Holton reported to the Board that on March 31st, at the invitation
? of the State Highway Commission, he, Mr. Hall and Mr. Williams attended a meeting with,
the State Highway officials for the purpose of discussing paving priorities for second-
ary roads in New Hanover County. The system of determining priorities was discussed
and all agreed that it seemingly was a fair one. The 1959 allocation amounts to $53 645•00
which covers 4.83 miles of paving of secondary roads. There is approximately 20.56 miles
which could be stabilized at an estimated cost of $172,300.00 as funds are available.
Mr. Williams moved that the recommendations of the State Highway Commission be approved
and the report accepted. It was seconded by Mr. Hall and unanimously adopted.
AIRPORT LAND NEGOTIATIONS -
The Chairman explained to the Board that while they were meeting with the
State Highway Commission on March 31st, Mr. Bruce B. Cameron accompanied by his attorney,
John A. Stevens, presented the three-members of the $oard present with a letter demand-
Vpv?? ?v in a ment of
9 P Y $35,650.00 allegedly claimed due on a contract dated 31st day of October
1958'and offered what they said was a deed covering certain properties described in a
contract. It was explained to them that the Board was not in session and that they
could not act officially and, therefore, refused to make any commitments before the reg-
ular scheduled meeting April 6th, 1959.
ASSESSMENT APPEALS -
Notice was received from the State Board of Assessments informing the J. 8 S.
Investment Company and the Schloss Estate Corporation that a report on appeals was
scheduled on April 13th in Raleigh. County Attorney John Bright Hill suggested that
Tax Supervisor T. D. Love should attend that report in order to clear up any questions
that might arise. By common consent, this was unanimously agreed upon.
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409
Minutes of the Meeting April 6, 1959 Continued
I
PARKS AND RECREATION - AP"
. A letter was received from the Wilmington Advisory Resreation Commission in-,?
v'iting the Commissioners to a Public Hearing to be held at the Community Center on
April 13th at 8:00 P. N. for the purpose of hear3ng the needs and desires of the peopie
involving the recreational facilities and programs. 1'he Chairman observed that as New
Hanover County became more and more urban this problem would have to be faced and urged
all the Commissioners to study the question and attend this meeting if possible. Mr.
Broadhurst was appointed by the Chairman to represent the County Commissioners at this
meeting.
DRAINAGE PETITIONS -
A Petition was received from a group of citizens headed by Mr. W. E. Black-
burn requesting an investigation and relief on a drainage problem In the Ogden area of
the County. By common consent, the Board instructed the Executive Secretary to refer
it to the Drainage Committee for their sLudy and approval.
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Drainage Policy - The New Hanover County Drainage Committee, at their last
meeting, requested the Board of County Commissioners to set a policy on drainage pro-
blems arrising out of inadequate•or incorrect facilities for draining subdivisions de-
veloped by realtors, land developers; or builders.• They recommended that the County
assume the maintenance of such drainage ditches cut by land developers but did not
think that the County•should take the responsibility of relieving problems which the
developers should alleviate. In connection with this question a letter was received
from the Oleander Company requesting a deferment of a discussion on this matter until
next Monday, April 13th as they wanted the opportunity of presenting an explanation
along with maps and aeriai photographs. By common consent, the Board unanimously agreed
to this request. '
SCHOOL APPROPRIATION - •
A letter was received from the New•Hanover County Board of Education remind-
ing the Board that•on June 2, 1958 they had allowed $26,000 to be temporarily transfer-
red from the Supplementary School Budget into the School Building Bond Fund for the . '
purpose of purchasing land for the Win-ter Park Junior High School. They now request '
that since the Bonds have been issued and sold, the $26,000 be replaced out of the funds.
Mr. Williams offered a motion tfiat the $26,000 be appropriated from the School Building
Bond Funds to the Schooi Supplementary Fund. It was seconded by Mr. Braak and unani-
mously approved. ?
BEACH EROS I ON • - • \ ????? a ?
Pursuant to arrangements made at the regular meeting on March 23rd for a
joint meeting with the Carolina Beach Toym Council on April lst, Commissioners Braak,
Broadhurst, and Williams attended and made Lhe following report: Colonel H. C. Row-
land, District Engineer for the Corps of Engineers, explained that about 9 years ago
the County matched Carolina Beach Funds of $2,000 for the purpose of studying the Beach
erosion and possible Hurricane protection in that area. He said that the Corps of En-
gineers had studied the problem and developed three plans.as follows:
Plan of Improvement Federal Non-Federal Total
Carolina Beach
Plan A- Shore protection (berm) $ 24,900 . $ 129,600 . $ 1549500
Plan B- Shore and hurricane 193,700 . 149,300 . 3439000
protection (berm)
Plan C- Shore and hurricane 334000 : 209,500 . 543,500
protection (berm plus dune)
Plan D- Shore and hurricane protect- 766,700 . • 395,000 . 1,161,700
ion (berm, dune & dike)
South of Carolina Seach
Plan E- Shore protection (berm) $ 25,800 : $ 1030200 . $ 129,000
Plan F- Shore and hurricane
protection (berm) 239,000 . 199,000 . 4381000
Plan G- Shore and hurricane protect-
ion (berm plus dune) 4191400 . 275,300 . 691+,700
Plan H- Shore and hurricane protect-
ion (berm, dune & dike) 4(}9,700 . 292,500 . 742,200
He explained that it would cost considerable money to do this work and came up with
the idea of suggesting that the interested political subdivisions share equally In the
project providing local funds to supplement the Federal funds which might be available
to help meet this important need. He estimated that the Carolina Beach pro,ject would
cost $149,300.00 in local funds which would mean that the Town, County and the State
would provide approximately $50,000.00 each and the Federal Government $193,700.00.
}(ure Beach, Wilmington Beach and Fort Fisher were also vulnerable points and should be
considered in the overall Rehabilitation Program. In this project, the estimated
cost would amount to $438,000,00 In which event the Federal participation would amount
to $239,000.00 and iVon=Federal or Local funds would be $199,000.00 to be provided by
the political subdivisions involved. Mr. Broadhurst reported that In his opinion it
would cost the County from $400,000.00 to $500,000.00 before it was finished as he
knew Wrightsville Beach was also anticipating a beach erosion and shore protection pro-
gram and would be equally entitled to County aid, and that he did not know where all
the money was coming from. Mr. Williams explained th a t..: Federal aid depends en-
tirely on local participation and when the advantages are spread over a period of 50
years the annual cost would be minimum compared to the damage done by Hurricane Haz21
alone. Mr. Braak thought that it was such an important pro,ject that he felt we could
not afford to pass it up as the earliest probability of Federal aid would be available
In 1961 even if we approved the project now. Mr. Williams then offered a motion that
the Board approve the project as outlined by the Corps of Engineers for beach erosion
and hurricane protection along our coastline. This motion was seconded by Messrs Hali
and Braak and unanimously adopted. No money was appropriated for this project.
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410
Minutes of the Meeting April 6, 1959 Continued
??VACATION, SICK LEAVE AND HOLIDAYS -
(7 Mr. Williams reported to the Board
Councilman Capps at the last Joint Meeting of
a system of vacation, sick leaves, and holida
led. The Board, by common consent, requested
Monday's meeting and instructed the Executive
that he had been appointed along with
the two Boards to study and recommend
ys for those departments ,jointly control-
that this report be delayed until next
Secretary to place it on the Agenda.
ATTORNEY RELEASE -
County Attorney John Bright Hill reported that he had a request from Attor-
?- ney George Rountree, Jr. for a letter relea'sing him from any obligation to the County
in connection with his former pleading in the racial case in which the James Walker
Memorial Hospital, City of Wilmington, and New Hanover County were named the defend-
ants. By common consent, no action was taken on this request.
DOG DANiAGE A letter was received from Attorney Isaac C. Wrig ht representing a claim
for Mr. Stephen E. Sneeden for damage as follows:
"Claim is hereby made for ..........................$228.00
with interest from January 1, 1958 .................. 16.91
and COllft COSt.$ •................... * ............... 2?+7.20
Total ........$270.11
Dogs belonging to Albert J. Beam killed some of Mr. Sneeden's hogs and
brought a suit against Beam and secured a judgment in September Term
for the above amount. Execution was issued and returned nothing to be
found. GS 67-3-. Upon payment of this money the ,judgment will be
transferred to the County"
Upon motion of Ns. Sraak, seconded by N?r. Broadhurst, the Board unanimously ordered
the claim referred to County Attorney John Bright Hili for handl3ng.
LETTERS AND REPORTS -
The following letters and reports were received and reviewed, and order-
ed filed for information:
1- Copy of letter from City Manager Benson in regard to bill for City-
County participation in Festival Luncheon.
2- Copy of letter from Chairman J. E. Hoiton, Jr. to Mr. E. L. White,
Chairman of the Wilmington U50 Committee notifying him of the Board's
? appropriation of $450.00 to support the operation of the USO for
week ends for the period ending June 30th, 1959.
- e3- Thank-you letter from Judge Rudoiph I. Mintz regarding his appoint-
ment.
? vvo-AF-04- Thank-you letter from Mr. H. Clifton Blue, Chairman of the Finance
Committee, North Carolina General Assembly for confirmation of teie-
gram regarding HB 292 and SB 141.
G??G 5- Application notice for Beer License of Willie Albert Stewart.
?,yv1.? 6- Wilmington Public Library Report for March, 1959
?. 7- Report from Tax Coilector Sam W. Johnson
?- 8- Veteranst Service Office Report
-'1'14At?? 9- Negro Home Demonstration Agent's Report
10- Home Demonstration Agent's Report
ADJOURNMENT - Upon motion of Mr. Ha21, seconded by Mr. Braak, the Board unanimously voL•ed
adjournment.
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W?G. Houck, Executive Se)etary
Wilmington, N. C. April 13,1959
ASSEMBLY -
The regular weekiy meeting of the New Hanover County Board of Commission-
ers was held this day at 9:30 A. M. in the Commissioner's Room in the Court House.
PRESENT: Chairman James E..Holton, Jr., Commissioners Leon E. Broadhurst, Peter H.
Braak, J. M. Hall, Jr., and Berry A. Wiiliams; County Attorney John Bright Hill
and County Auditor T. D. Love.
INVOCRTION -
The Chairman called the meeting to order and asked Reverend E. T. Small,
Pastor of the Good Shepherd Episcopal Church,to open the meeting with prayer.
MINUTES APPROVAL
The Executive Secretary requested the following change be made under the
paragraph titled BEACH EROSION in last weeks minutes in the sentence "Mr. Williams
explained", strike out the words "and can be", then insert "when the advantages are"
and in the same sentence strike out the words "which would reduce"and insert after
the words "the annual cost" the phrase "would be minimized". Mr..Broadhurst request-
ed a statement be inserted making it clear that no money was appropriated or approv-
ed for the pro,ject. After these corrections and amendmentp, Mr. Broadhurst then
moved approval of the minutes, which was seconded by Mr. Williams and unanimously
carried.
COLD STORAGE PROPOSAL -
Mr. Alex P. Mercer, representing the Port City Cold Storage Company, was
recogni2ed by the Chairman and stated that his business in appearing before the Board
61