1959-10-05 Regular MeetingF'i4
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Minutes of the Meeting September 21, 1959
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REVERTER NOTICE - (Continued) ?
property should it_appear that the Board of Education might be forced to re-
linquish its possession. This motion was seconded by Messrs. Broadhurs£ and Braak and
unanimously adopted by the Board.
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FREEMAN BEACH GROINS
- The Board was informed by the Executive Secretary that repair work had been p?
done at Freeman Beach at the Northern end of Carolina Beach and that an investigation re-
vealed rapid erosion was taking place and that repleni.shment of the b¢rm and dunes would -
be a waste of money unlesstwo groins were constructed Lo break the force of tfie tide
along that strand. The Chairman remarked that the Freeman Beach pro,ject was earmark-
ed over a year ago and he thought immediate action should be taken as the funds were suf-
ficiently increased at Budget time to build at least one of the groins at the present
time and requested the presence of the Engineer, Mr. Henry Von Oesen who confirmed the
above report and suggested two groins approximately 750 feet apart. A discussion devel-
oped the suggestion that the Engineer immediately negotiate with the low bidder on the
groin work. The lowest bid was $7,755.00. The County has earmarked $10,000 in the Bud-
get for this purpose, therefore it was felt that the Town of Carolina Beach might be will-
ing to supplement the balance of $2,245.00 and complete the construction of another jetty
at the Town and County line. Mr. Hali offered a motion that Mr. Von Oesen be authoriz-
ed to proceed at once with the groin work at Freeman Beach so far as the available funds
will permit. It was seconded by Mr. Williams and unanimously adopted.
PERIODIC AUDIT REPORTS
Mr. Williams
Auditor to furnish the
which collect and spend
furnish such reports on
unanimously approved by
HIGHWAY COMMISSIONER
remarked that several years ago it
:ounty Commissioners with quarterly
funds and he offered a motion that
a quarterly basis. This.motion w?
the Board.
was customary for the County
reports on the departments
the Auditor be requested to
is seconded by Mr. Braak and
The Chairman informed the Board that Governor Hodges had appointed Mr. Ralph ?v-e--?
T. Norris of New Bern as a State Highway Commissimer•asa replacement for the late 'Mr.
E.L. White and by common consent, the Board instructed the Execuiive Secretary to write ?
him congratulating him on his appointment to this important post, assuring him of our
cooperation and inviting him to visit with us whenever he was in this end of the area.
REPORTS -
The following reports were reviewed and ordered ,.f.Y.led for information. I
1- State Commission for t-he Blind notice regarding Free Privilege Licenses
for the Bl ind G5 105-244 ---"0"
2- Wilmington Public Library Report for August, 1959
3- New Hanover County Agent's Report " " "
4- Notation from State Highway Commission approving request for $3,375 allo -
cation for School Bus Driveways in New Hanover County. ?
5- Notice of request for Beer License Permit from William Louis Wells trading a?-
as Ram's Drive In, 3512 South Front St., City -I-
6- Report of New Hanover County Airport disbursements for August 1959
income for August, 1959 -''
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7- North Carolina Law Library Check List from The Michie Company of Charlot te-
,
'sville, Virginia.
8- Notice from NACO regarding recent Nlajor Legislation Effecting Counties.
9- Notice from NACO 'r.egarding recent S:."2026,_AdviS6ry CommiSsion on Inter-
governmental Relations.
AD.]OURNMENT -
Upon motion of Mr. Hall, seconded by Mr. Sroadhurst,
voted adjournment.
the Board unanimously
i
W. G. Houck, Executive Secretary
- Wilmington, N. C. Octbber 5, 1959
ASSEMBLY
The regular semimonthly meeting of the New Hanover County Board of Commission-
ers was held this day at 9:00 A. M. in the Commissioners' Room of the Court House. PRESENT:
Chairman J. E. Nolton, Jr., Cominissioners Peter H. Braak, L. E. Broadhurst, J. M. Hall,
Jr, and Berry A. idilliams; County Attorney John Bright Hill and County Auditor T.D. Love.
INVOCATION
The Chairman called the meeting to order and asked Reverend Horace H. Hilton,
Pastor of the Winter Park Presbyterian Church; Lo invoke the Divine Presence through
prayer.
APPROUAL OF THE MINUTES -
Upon motion of Nr. Hall, seconded by Mr. Broadhurst, the minutes of the prev-
ious meeting were unanimously approved.
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PRELIMINARY TAX SETTLEMENT
Tax Coilector Sam W. Johnson presented his Preliminary 1958 Tax Settlement `
showing that he had been charged with a totai of $1,690,1(}1.49 and that he had actually
collected and deposited in the Wachovia Bank snd Trust Company $1,188,143.49. Rea3 es-
tate sold for taxes, abatements, discounts, and delinquent personal property taxes accounts
for the majority of the difference, as you can see from the follbwirig detailed report:
Continued -
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Minutes of the Meeting October 5, 1959 Continued
PRELIMINARY TAX SETTLEMENT - (Continued)
NEW HANOVER COUNTY PRELIMINARY SETTLENiENT'of 1958 TAXES
Charged as per Scroll (Tax Supervisor)
Corrections as per Audit Sept. 1959
Listed as per Abstract Real 8 Personal
Late 8 Not Listed Real Estate
Less Abatements
Added by Auditnr
Listed by Tax Coliector
Penalty Collected
Adv. Cost Collected
Real Estate Sold for Taxes
Late 8 Not Listed Sold for Taxes
Delinquent Personal Property
Tax Prepayments
Discount Allowed by Tax Collector
Collected and Deposited in Wachovia Bk.
8 Trust Co.
48,oi9.i3
8,133.76
22 ,441, 38
429, So7. 31
3,oi7.35
1,188,143•49
Difference Short
Tax Over Paid
Short
Due from City as per attached sheet
Over
$1,690,139.43
2.06
1, 690, i!}i . 49
1,648,374•88
L0,766.61
1, 690,1!}1.1}9
3,25L.68
1,686,886.81
7,8?5.74
7 1.96
3,859.78
320.17
1,699,694.46
1,699,562•42
i32.o4
28.00
160 . O4
162.02
1.98
The Tax Collector explained that he had been ab3e to secure 95•3% of the original levy and
that the list of Insolvent Personal Taxes were as of August sth inclusive. Upon motion of
Mr. Broadhurst, seconded by Mr. Braak, the report was unanimously accepted as submitted,
subject to the approval of the final audit.
1959 'rAX Booxs - od
County Auditor T. D. Love presented the 1959 Tax BjOks for review and turning
over to the Tax Collector showing a total of $148,306,102.OB'Personal and Real Property
Valuations. After they were.properly signed and attested, Mr. Hall offered a motion that
they be turned over to the Tax Collector. It was seconded by Mr. Broadhurst and unani-
mously approved by the Board.
? TAX COLLECTOR'S BOND -
The Tax Collector, S. W. Johnson, presented a Bond in the amount of $37,500.00
writf.en by the National Surety Corporation. It represents the County's protection for
one-half of any claim which might ar.ise out of any acts of ommission or commission cover-
ing any shortage of funds or loss or failure to collect taxes in accordance with the law.
Mr. Hali offered a motion that this Bond be accepted, subject to the approval of the County
Attorney. It was seconded by Mr. Broadhurst and after it was approved by the County Attor-
ney as to form, it was unanimously accepted by the Board.
? FREEMAN BEACH GROINS - .
Mr. Henry Von Oeson, Consulting Engineer, reported to the Board that he had ne-
gotiated with the Hanover Company which was low bidder for the construction of two groins
at the northern end of Carolina Beach, each conf.aining 500 tons of material at a construct-
ion cost of $10,000 as authori2ed at their meeting on September 21st. The Chairman urged
him to complete this work as soon as possible. Cheirman Holton then requested a report on
the result of the fill material hauled into Freeman Beach under the OCDM project approved
for Hurricane Repair Damage. Regretfully, he had to report that the high tides and north-
easter resulting from the disturbance of recent HurricaneGracie had completely eroded the
beach of all the fill material which had been placed there under the OCDM damage repair
program.
AIR CONDITIONING -
While Mr. Von Oesen was present, the Chairman explained that several years ago
the Commissioners authorized aciditional power serviGe to equip the Court House building
for any forseable needs. He explained that investigation by various firms interested in
supplying air conditioning equipment now report that the present electrical equipment is
woefully inadequate. From a record made of the present power load by a local electrical
firm it seems that our present facilities should be doubled. He further observed that the
Board contemplated installing air conditioning for the Recorders Court Room, the Superior
Court Room, the Sheriffts offices and the Commissioners Room. He asked the Consulting
Engineer if he thought professional services should be used in makino such a decision. Mr.
Williams asked first if he thought it advisable to proceed without an overall plan; second-
ly, if he considered unit installations feasible and if so, how did the cost compare with
a central system. The Consulting Engineer answered that in order to coordinate the entire
procram, it would be advantageous to have professional help and that unit installations
could be used effectively however, the cost of the operation and ma3ntenance would far out-
Weigh the central system unit. He explained that the system recomm'ended.in the orioinal
plans was a hot and cold water system usino the present heating installations converting
the steam system into a hot water system and, modifying the individual units so that they
could be turned off and on at will as required by weather conditions. He also expla'in-
ed that if they decided to install unit systems at the present time some of the duct work
continued- -
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Minutes of the Meeting
October 5, 1959 Continued
AIR CONDITIONING - (Continued)
could be utilized in a future central system if they ever desired one. After
some discussion, Mr. Williams offered a motion that Mr,. Von Oesen be authorized to proceed
to 'implement advertising for bids for installation of unit systems in Recorders Court
Room Superior Court Room, Sheriff's._Offices and Commissioners Room and power panels suf-
ficient to carry the load for this equipment with an approximate 2$% surplus for expansion
in the future and report by the first Mbnday in Noveriber. It was seconded by Nr. Hall
and unanimously adopted by the Board.
STATE PORTS AUTHORITY PLAQUE - I I
Mr. Louis T. Moore, Chairman of the New Hanover County Historical Commission
called the attention of the Board to the fact that the Wiimington Port Commission headed
by Mr. C. D. Hogue, Sr.., as Chairman,and financed by the County was instrumental in the creation of the presenL North Carolina State Ports Authority. He said that the Historical
Commission recommended that a plaque be erected with proper inscription to perpetuate the
memory of this important event which had resulted in such a permanent and beneficial in-
vestment to the economic welfare to the County and its citizens. He estimated the cost of
not more than $160.00 which he hoped the Board could see fit to appropriate for this pur-
pose. Mr. Hall observed that in his opinion the names of the Qeople who served so capabiy
and inexpensively on this Commission should receive more recognition than the County Com-
missioners and offered a motion that the Board approve the erection of the marker and appro-
priate funds out of the Advertising Budget provided the names of the members.of the orig-
inal Commission was included on the plaque. It was seconded by Mr. Williams and unani-
mously adopted by the Board.
PETITIONS FOR RELIEF
The Superintendent of Public 4Jelfare presented the followina Petitions for ad-
1mittance to the County Home for care:
{ Udillie DeVaun, age 59, who is mentally and physicaily incapabie of supporting him-
self, anii according td the admitting-physician has recently had surgery. He has no rela-.
tives to care for him.
?
Maggie C. Hill, who was a patient in State Hospital for the past several years,
having been discharged in October 1958• Dr. McMillan states that she continues to be some-
what mentally disabled but that her condition warrants no re-admission to the State Hospi-
tal in Goldsboro, and recommends her to the infirmary at the County Home for care.
James Benjaanin Montgomery, who is unable to work a.t present because of arthritis and
_ neuritis of arms. He has recently been hospitalized and has no close relatives to care
for him, and wants to be admitted as a boarder.
Omer Shepard Rodgers, who is seeking admittance to the County Home because of physi-
cal disability. He is unable to care for himself and has no relatives who are willing to
take care of him.
In the discussion of these Petitions, Mr. Broadhurst reminded the Board that he thought
each of them should be carefully screened to determine the amount of Social Security they
received and set the amount that they should pay for their care at the County Home and
that any amount over the cost of care be applied to the purchase of inedicines or wearing
apparei that they might require. After some discussion, he offered that as a motion.
It was seconded by Mr. Hall and unanimously approved by the Board. The Chairman then e?
referred the matter to the County Farm and Home Committee composed of Messrs. Braak and
Broadhurst to study the matter and make recommendations to the Board. ?
ROAD PETITIONS - ?'
The Executive Secretary informed the Board that the State Higtiway Commission
asked for a PeLition granting them a 60 foot right-of-way over Lhat portion of Park Avenue ?
from 46th Street to MacMillan Avenue. The approval for asking the State Highway to accept
this road as a part of their system was made atthe meeting on September 8th and a letter
confirming it was sent to them however, they request the execution of their Form R-10.
The form was properly executed by each of the Commissioners•as requested and sent to the
State Highway Commission.
FORECLOSED PROPERTY SALE -
The Executive Secretary reported the following proposals for the purchase of
jointly owned property of the County and the City which were appraised by the County Tax
Assessor.
Interested persons Block Lot Size Description Anvraisal Value
George Shedrick #27 4 33' x 1651 1321 From NE cor. llth & Meares $510
" " #(}0 Pt.5 33' x 165' f 99' F.rom NW cor llth 8 Wright $540
Jas. L. .lohnson #499 Pt.3,4,5 621 x 219' 106' From cor. 15th 8 Nun St.
Richard Simpson #271 SYJ 2 33' x 11216" & Fronting on Nun $1700
$1 b00
Upon motion of Mr. Broadhurst, seconded by Mr. Williams, the Board approved the sale of the
property at the appraised value subject to the approval of the City Council.
COUNTY PROPERTY SALE PROPOSAL &tCILQZ;qZ
The Executive Secretary informed the Board that Mr. W. E. Outlaw had proposed
to purchase a strip extending 2,000 feet from the bridge on the east side of Smith Creek,
along the 23rd Street Extension and then perpendicular to the road southwardly approxi-
mately 300' to,Smith's Creek. After a discussion by the Board, Mr. Broadhurst offered
a motion that it not be sold at this time. It was seconded by Mr. Braak and unanimous-
ly approved by the Board.
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502
Minutes of the Meeting October 5, 1959 Continued
CfIA1N OF COMNIAND -
Mr. Williams obServed thai.:in...his opinion a weekly report sfiould be made on
the activities of the Drainage Committee and that all orders or instruction to the various
supervisors in the County should be channeled through the Executive Office of the Court
Ho use' as_ it was very confusing for the personnel to receive instructions or orders
from four or five different sources. He said that he reali2ed that this matter had been
discussed and approved on several previous occasions but he thought it well to call it
to •the attention of the Board. Mr. Williams then made a motion, seconded by Mr. Braak,
that the Board reaffirm their previous action in requiring that the orders for the drain-
age work be handled by and through the Executive Secretary and that a written report of
the drainage work done each week, including the name and location of each project, be
made by the Drainage Supervisor, During the discussion, the Executive Secretary ex-
plained that assignments to the Supervisors was made onlindividual basis and that records
were on file covering all the work that had been accomplished by the ditching crew since
January lst. He further explained that no assignments were being made through him to the
Drainage Supervisor covering the work being done in the cleaning of rights-of-ways for
the dragline as this work was sandwiched in between assignments for ditch clearance. The
Board unanimously approved the above motion.
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SCHOOL BOND PROTEST -
The Chairman read the following letter from Mr. E. A. Laney, Chairman of the
New Hanover County Board of Education:
"The purpose of this letter is to voice a protest on the part of the Board
of Education over your action in levying 15.3d School Supplementary Tax instead
of the 201 authorized by vote and requested by our Board.
We are informed by-the County Auditor that the 1959-60 Supplementary Budget
which has been approved will in all likelihood exhaust tht $117,531.90 reserve
carried over from last year. This means that at thelend of this fiscal year,
there will be little, if any, surplus in the Supplementary account. Assuming
that we have the same budget next year and assuming further that you decide next
year to levy the full 201, it is very doubtful there will be enough revenue to
cover next year's expenses. The difference between 201 and 15.31 is 4.7e, and
this additional levy, if made next year, will bring in approximately $64,390 or
$53,141 less than the $117,531 reserve available in connection with the current
budget.
When we held our final joint meeting our Board members had the distinct feel-
ing that the full 201 would be levied for the year 1959-60. It was our feeling
that the 5upplementary Reserve gradually would be reduced over a period of three
or four years. However, we believed that our position in maintaining our Sup-
plementary Budget expenditures on an even scale would be supported by increasing
tax values.
We fully realize that you have many responsibil.ities and many problems in con-
nection with setting the tax rate but we do not believe that the people of this
County want their school system to deteriorate this year or in the years to come.
We must register this protest and our feeling of regret with you at your failure
to levy the 20e' Supplementary Tax rate requested by our Board."
Mr. Williams commented that at the time the levy was made a motion was passed to increase
the teachers' salaries to $70.00 per year instead of $100.00 as requested in the School
Budget and that Anticipated Federal Revenue was raised which resulted in less taxes and
thus the percentage was lowered to 15.3 instead 20e!. He further reminded the Board that
at the time everyone wanted to hold the tax rate down and again, one does not set the tax
rate and make the Budget fit it but rather the Budget is first fixed and the rate set
accordingly. He does not see any reason for this letter and thinks the problem will be
soived when presented next year.
INDUSTRIAL EDUCATION --
.?- Mr. Braak reported that he was privileged to attend the opening of the first
School of Industrial Education opened at Burlington last week. He thouaht it was a very
nice arrangement but did not consider it too far advanced over our Vocational School here.
VETERANS SCHOOL PROGRAM -
? A letter was received from the Superintendent of New Hanover County Board of
Education requesting that the name of the account under which the Veterans, Program Fund
is 1•isted be changed to read Industrial Center Fund. This is more in line with the pro-
posed use of the money and the Veterans School Program is now outdated. They request a
separate bank account and will have checks printed accordingly. By unanimous' consent
of the Board it was felt that the request should come from the Chairman rather than the
Superintendent before consideration was given to it.
TRAVELING REPRESENTATIVE -
Mr. Williams informed the Board that it had come to his attention that one of
our local citizens, Louie E. Ysoodbury., Jr.,who is President of the Greater Wilmington
p Chamber of Commerce, had been selected by the Governor to accompany a group of citizens
who will represent North Carolina on a trip to Europe. He is paying his own expenses and
of course will not be permitted to single out his own home county or town, however, it
was felt that there would be no objection to having him officially named as the New Hanov-
? er County Representative. After some discussion, Mr. Williams offered a motion that
Mr. Louie E. Woodbury, Jr. be designated as the representative of New Hanover County and
? be written a letter expressing our appreciation for his willingness to be away from his
business at his own expense and congratulate him for making this good will tour. Mr.
Hall seconded the motion and it was unanimously adopted by the Board.
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503
Minutes of the Meeting October $th, 1959 Continued
DR. ALBERT COATES - -'-'
Chairman Holton introduced Dr. Albert Cto..ates, Dir.ector of Institute of Gov- ?? "'•..,_,
ernment of the University of North Carolina at Chapel Hill. He expressed a warm welcome
from the Board and the citizens of New Hanover County. Mr. Williams remarked that Dr.
Coateg had done more for enlightened County government than any other man past or present,
and maybe future. Dr. Coates was pleased to sit in on an actual meeting of a Board of
Commissioners and stated that so long as County Government was in the hands of inen who
were willing to express their convictions you could rest assured that subversive influen-
ces wouid not permeate our basic grass roots system which has been instrumental in estab-
lishing and keeping our individual freedom.
CONSOLIDATED BOARD OF HEALTH - J-l?J_Zk
A•ietter from the Attorney General was read by County Attorney Hill in which
he stated the following answer to the question, "Does the provisions of the General Stat-
utes 130-23 apply to New Hanover County2"
"The Wilmington-New Hanover County Board of Health operates under a local
act and your Health Officer is actually designated as the County Superintendent
of Health. Inasmuch as you. operate under a local;law,itis my opinion that the
above quoted statutory provision, enacted as part of the general law in 1957,
referring specifically to "the local Health Director" would not be applicable
in New Hanover County and the Board of County Commissioners of New Hanover County
would not have authority to require the County Superintendent of Health to serve
as County Physician in New Hanover County."
After some discussion in which Mr. Williams decried the ruling of the Attorney General
since he was still not convinced that the General Statutes did not apply, Mr. Hall offer-
ed a motion that Dr. Davis not be named County Physician and that any monies paid for his
services by Brunswick County be remitted to the Consolidated Board of Health and•that Dr.
?avis's salary be paid at the rate of $11,520.00 per annum as approved in the Budget Appro-
priation Resolution. This motion was ruled dead by the Chsirman for lack of a second.
Further discussion developed that a subsequent decision was made under date of August 12th
at which time the Board agreed to a salary figure of $11,520.00 providing Dr. Davis was
made a full time Health Director of New Hanover County and that he serve as County Physi-
cian. Since no reconcilliation of these differences of opinion could apparently be
reached, the status of Dr. ?avis remains as of last year. Chairman Holton reported that
the Consolidated Board of Health had agreed on the following arrangement:
"The salary of the Health Director to be $11,520.00 annually; to be paid by the
Consolidated Board of Health; and that Brunswick County is to pay to the Consoli-
dated Board of Health the sum of $1,920.00 per year to be applied to the payment
of the above salary.
It was further agreed that for this sum of money, $1,920.00, Dr. Davis will give
give an estimated maximum of one (1) day of service per week to the Brunswick
County Board of Health."
RcPORT - ,
The following report was received and ordered filed for information:
_ 1- Veterans' Service Office .
ADJOURNMENT -
Upon motion of Mr
journed.
SPECIAL VENIRE
Hall, the Board unani
W.IG
Complying with an order of Judge Rudolph I. Mintz, presiding over.the October ?L
Criminal Term of Superior Court, the Executive Secretary took the Jury Box, accompanied ?
by the Sheriff to the Court Room and in open Court had a school<'child draw the following
Special Venire for the trial of the State of North Carolina VS Valno Wentworth Jamieson
and Jimmie Fox Mosley: •
E. A. Rackley
W. W. Culver
Robert H. Tate
Henry Clyde Godwin
David Wallace
V. K. Foy, Jr.
J. P. Letendre
Claude Pierce, Jr.
Joan Brunetti
A. H. Bishop
R. A. Parnell
Donald Carroll
Earl Vincent Hunt
William Brown, Jr.
Joseph Johnson
R. F. Murphy
George McKoy
RFD 3, Box 579
12 U Lake Forest
RFD 3; Box 142
822 S. 6th St.
612 Campbell
11091- S. 2nd St.
RFD 3, Box 463 B
RFD C Box 431
211z S. Front
2232 Plaza Drive
% Willetts Realty
6 Clay St. .
54 Hudson Drive
404 N. 21st. st.
225 xenwood wve.
2414 Belvedere Rd.
71(} wright St.
Williams, seconded by Mr
John E. Holland
V. R. Johnson
A. S. Brittain
Wade Hankins
A. B. Hale
E. H. Loftin
Perry D. Johnson
Jerry M. Hewlett
George Talman
David A. Foster
L. A. Dizor
Thurman Leo Watson
Mark D. Hines, Jr.
Ernest lldilliams
M. W. Pearsall
Delilah Robinson
Thomas Hooper
sly ad-
I-foucY-,--E'x?ecutive Secretary 1
8 T Lake Village
2$13 Harrison St.
Box 40 Wrights?iRR
916 Meares St.
718 s. 5th st.
306 N. 45tn st.
RFD 1, Castle Hayne
113 Ward St.
919 S. 2nd St. '
315 Grace St. RFD 3, Box (}30 '
205 Williamson Drive
306z Audubon Bivd.
Castle Hayne'
sox 1203
1309 Church St.
518 N. 6tn St.
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