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1959-10-05 Regular MeetingF'i4 J ('? . . .. . . . ." ? Minutes of the Meeting September 21, 1959 k 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. ? 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 -'' °"?a '? 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. ? 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 - 'A ,500 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- - ` 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. -A FF, 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. ? v1^'? ""? 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. ` ? 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. -A