1960-01-04 Regular Meeting1`? a o
Wilmington, N. C. January !}., 1960
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CONVIIVTION -
The regular semimonthly meeting
was held this day in the Commissioners Room
the following members present: Chairman J.
J. E. Holton, Jr., and Berry A. Williams,
Auditor T. D. Love. Commissioner Peter H.
attending a meeting in Raleigh.
of the New Hanover County Board of Commissioners
of the County Court House at 9:00 A. M. with
M. Hall, Jr., Commissioners L. E. Broadhurst,
County Attorney John Bright Hill and County
Braak was unable to be present since he was
INVOGATION -
Chairman Hall called th e meeting to order and asked Reverend Richard K. Johnson,
Pastor of the Westminster Presbyterian Church,to open the meeting with a prayer for guidance.
APPROVAL OF THE MINUTES -
Copies of the minutes of the last meet;ng, having been sent to each of the Com-
missioners, were upon motion of Mr. Holton, seconded by Mr. Broadhurst, unanimously approv-
ed as written.
AUTOMOBILE BIDS
The Executive Secretary presented the Chairman with two bids to furnish cars for
the Sheriff's Department as advertised to be opened and awarded today. Before opening the
bids, the Chairman asked if there were any further bids to be received. None were present-
ed. He then declared the bids closed and when the envelopes were opened he found that each
bidder had complied' with the proposal specifications and had certified checks amounting to
5% of their bids which were as follows:
Cape Fear Motor Sales Company Trade-in difference $2685.00
Raney Chevrolet Company " " 2436,75
Both agreed to accept in trade the old 1959 cars now being used by the Sheriff's
Department. Mr. Broadhurst offered a motion that the Raney Chevrolet Company be awarded
the contract on their low bid in the amount of $2(}36.75. It was seconded by Mr. Holton
and unanimously approved by the Board. The Executive Secretary was instructed to return
the certified check of the Cape Fear Motor Sales Company with a letter explaining the award
to the low bidder and write the Raney Chevrolet Company requesting them to proceed with de-
livery of the cars as per award.
? COUNTY FARM PUMP
The Executive Secretary explained to the Board that after their award to the low
bidder for a pump to meet requirements at the County Farm, Maintenance Supervisor Rhoda
Farrow had discovered that the low bidder did not have the pump in stock and repair parts
for it would require a minimum of 24 hours travel time whereas there was only $14.20 differ-
ence between the two bids and as the alternate bidder had the pump in stock and assured
Mr. Farrow that he could deliver any part out of his current stock, he recommended that
this information be relayed to the Board for their additional consideration. After a thor-
ough discuss3on of the merits, it was decided that in view of the frequent model changes
on all equipment there would be little difference in the time required to secure parts a
few years from now as both of the pumps would be old models and the parts for them would
have to be ordered from the factory so the Executive Secretary, therefore, was ordered to
confirm the award to the low bidder.
9--_r"??FORECLOSURE PROPERTY APPRAISAL
The Executive Secretary reported that he had proposais to purchase property lo-
cated in Block 499 described as parts of Lots 3,4,5,6 which is 62' x 198' fronting on
Nun Street and Lot #3 Which is 21it x 1621 fronting on 14th Street. County Assessor H. S.
McGirt has appraised the larye lot at $1800.00 and the small lot at $300.00 at the request
of Carter W. Newsome of 1305Z IVun Street and Daniel E. Dicks of 304 South 15th Street,
respectively. Upon motion of Mr. Broadhurst, seconded by Mr. Williams, the Board unani-
mously approved the sale of both lots at appraisal price, subject to the approval of the
Wilmington City Council.
ASSISTANT SOLICITOR -
? A letter was received from John J. Burney, Jr., 6olicitor of the Eighth Solicitor-
G- ia.l District, recommending the reappointment of Attorney W. Allen Cobb for his Assistant in
New Hanover County in Superior Court. Upon motion of Mr. Holton, seconded by Mr. BroadhursL,
this nomination was unanimously approved and Vx. Cobb renamed the Assistant Solicitor.
BOARD OF HEALTH BUILDING -
The Executive Secretary informed the Board that I#ealth Director, Dr. C. B. Davis,
had discussed the further deterioration of the building, which the Board of Health occupies,
was noticeable and he recommended that the Commissioners make an inspection for their own
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?pdQ?li? satisfaction as weil as for the protection of the employees of the Health Department. The
Board recessed and inspected the building in company with Consulting Engineer Henry Von Oesen.
While there were signs of continued aging of the building, which was constructed during the
war and with war time materials and labor, and shows cracks in the wall and some falling of
ceiling plaster, it is not considered in a structurally dangerous state, although admittedly
it is poorly constructed. The Engineer recommended an examination of the plastered ceilings,
and wherever found loose, have it removed to prevent it from falling on the heads of the
employees. He promised to make a more detailed examination with plumb lines and levels
and if the investigation reveals an additional recommendation, he will inform the Board.
SPA ENTERTAINMENT -
The Executive Secretary informed the Board that he had been told by the local
? Port manager that the State Ports Authority would visit Wilmington for the dedication of
uo the new additional warehouse on January 19th and that there was a possibility of the Gover-
p nor accompanying them. He recommended that a Committee be appointed to arrange a suitable
program or ceremoney for erecting and unveiling the marker recently purchased perpetuating
the creation of the SPA and if they saw fit to entertain at a luncheon. Mr. Vdilliams offer-
ed a motion that the Chairman be authorized to appoint a Committee, or to act as one himself,
and proceed to arrange a suitable ceremony for this occasion, particularly including the
major users of Shipping Lanes and Colonel George W. Gillette, Chairman of the City Port and
Waterways Development Commission. It was seconded by Mr. Holton and unanimously approved.
?y
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Minutes of the Meeting January 4, 1960 Continued
STATE HIGHWAY PATROL
Pursuant to instructions at the last meeting, the Executive Secretary had written
Colonel James R. Smith, Commanding the 5tate Highway Patrol commending him for his untiring
efforts in developing the North Carolina Highway Patrol into a smooth operating organiza-
tion. Colonel Smith's letter in answer was read in appreciation of the thoughtful tribute
paid him by a governing Board in his Home County.
BEER LICENSES - 'G
Applications of the followino persons for selling Beer were presented for review:,
1- Jane Grenier, Mack's Grill Carolina Beach, N. C.
2- James C. Lewis, Lewis Restaurant 419 Greenfield St., Wilmington, N.C.
3- Lewis T. Nu.nnalee, Coastal Beverage Co. Bruriswick & Nutt Sts.,
After examining the applications, the Executive Secretary was instructed, by common consent,
to refer them to the Sheriff for his consideration and in the future, requested that the
names of applicants be put on the Agenda for the forthcoming meeting.
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ROAD PETITION
A petition was received from a group of property owners requesting acceptance ou?7n
for maintenance of the Silver Lake Road by the State Highway Commission. Mr. Broadhurst
moved that it be approved and sent to the 5tate Highway Commission. It was seconded by
Mr. Williams and unanimousiy approved.
COUNTY FARM, HOME AND PRISON
Pursuant to the request of the Board.at their meeting on December 21st, the
Chairman presented the Board with a series of statements by the prisoners involved in the
alleged irregularities at the Covnty Farm Prison. He also presented statements by the
night watchman and -guards"as,-wel l -as,:the Superiritendent.' `He suggested'that•-tfie- Boa'rd"
ra'tify the:di"vi?sion:of4utYiorfty--and;de.legate responsibiTity:for the""Gounty Farm-and-Home
to„the -preserit Super.iritenderitH6r•.bert'.C. Rivenbark?t'o`be administered•under the fol'low-
ing gen.er.al;?polic.li:s's:. :? : ..,, ..Y ?.. ..: '._.. ., ... , . ., _ .. .:
Herbert C. Rivenbark:
1' He will operate the Farm with Messrs. Mintz and Pickett for his assistants.
2- They will produce all farm products including an increase in vegetable
growfng.
3- They are to keep a record on all live-stock so far as breeding, feeding
• vaccinations, et cetera.
4- Proper consideration is to be given to see that food production is in the
same proportion to the needs of livestock for feed.
5- He is to assume responsibility for the prison on the weekends and at other
times when the Prison Superintendent has his regular afternoon off or dur-
ing vacation periods, but is to observe the rules and regulations set up
by the Prison Superint¢ndent.
6- His salary is to be reduced to $3,000 beginning January 1, 1960 because
part of his responsibilities have been removed.
Dave W. Rivenbark will be the Prison Superintendent and also have control of the
chickens in addition to his present duties as Drainage Supervisor.
1- He is to be in complete charge of security of all prisoners.
2- He will allocate the prisoners to the work crews giving due consideration
to job aptitudes.
3- The regulations for prisoners will be patterned after those used by State
Institutions of similar character.
!}- Keep in mind that time off for jood behavior is a privilege and not a
right and therefore must be exercised with ,justice.
5- A check-out and check-in count shall be rigidly observed, including a
? daily search.
b- Unauthori2ed absences are to be considered an escape and must be re=indixed
and ad,judicated by the Court.
7- Locks are to be changed on all of the prison doors and no prisoners are
allowed access to the keyes.
In General
1- Each of the above Superintendents will be responsible directly to the
Board of County Commissioners.
2- Each will observe the rules of the other when it is necessary for them to
assume control of the other department. On weekends, when Herbert C.
Rivenbark is on duty, he will observe the rules of the Prison Department
as laid down by Dave W. Rivenbark and by the same token, D. W. Rivenbark #
3- Differences in minor details of jurisdiction are to be discussed with the
Executive Secretary and if a satisfactory agreement can not be reached
through him, it is to be referred to the Board of Commissioners.
1}- The Prison Department will continue to operate on the Budget as in the
past, and the Prison Superintendent will submit a list of his needs to
the Farm and Home Superintendent.
5- Each Superintendent is to have a probationary period of 6 months in
which to effect an improvement.
6- This action is effective as of even date.
• * will observe the rules in the Farm and Home Dept. as laid down by H.C. Rivenbark.
Mr. Holton observed that in his opinion that this change will make for a better operation
and less confusion and moved that it be adopted. It vras seconded by Mr. Broadhurst and
unanimously carried.
Observations - Mr. Williams observed that he had two or three suggestions which tied in
with the above action which he would like to make that might strengthen Home Rule. He
stated that "All of us desire good Crovernment and are constantly seeking to find what we
can do to improve it. In my opinion we should step forward and shoulder our own respon-
sibilities and strengthen the move for home rule by demonstrating that we are responslble
men. Motions and resolutions alone will not achieve good government. On December 1,
continued-
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Minutes of the Meeting January t}, 1960 Continued
COUN1^f HOME, FARM,AND PRISON - (Continued) _
1958 by action of the Board, the Executive Secretary W. G. Houck was instruct-
ed to carry out the administrative policies of the Board. Again on January 5, 1959 the
record shows that we discussed the matter of the County Home and Farm and concluded that
Herbert C. Rivenbark be named Superintendent of the County Home and Livestock, Luther D.
Mintz as Farm and Production Supervisor, Dave W. Rivenbark as Drainage Supervisor, with
the responsibility for the general supervision and coordination of all departments of
the County under the direction of W. G. Houck, Executive Secretary. So far, however,
it seems that this has not proven satisfactory. Too many bosses tend to cause confusi.on.
It is my contention that the Board as a body should formulate the policies of Lhe County
government. A clear thinking Board of County Commissioners can be one of New Hanover's
greatest assets. If we all try to be bosses, it will be almost as bad as no boss at all
and certainly the problems which we have ,just experienced at the County Home call for
more efficient operation of County govtrnment. 5ome of the C6mmissioners at this table
have made statements similar to this in recent days "I told Herbert to do thus and so,
or he's going to do so and so or I'11 fire him and I expect you to back me up." Now,
Gentlemen, every Tom, Dick and Harry can not go around giving orders to one man and ex-
pect proper administration. The situation at the County Home and Farm is bad and the
power and duty to correct it lies within this Board. Let us meet our responsibilities
and provide for proper administration. 1_`_ a_: re-spar?s?-b-iM1l-t-i<es=a-ad=pr?wi,d?f-er•
The law provides two ways in which we can meet our administrative
responsibilities as outlined in GS 153-16. Under the provisions of GS 153-17, the County
Commissioner form of Government is administered by the Commission. Under GS 153-20, the
Managerial form of government, a County Manager or Exe¢utive Secretary, or whatever you
may call him, may be appointed by the Commissioners and shall be the administrative head
of the County government for the Commissioners. The Chairman of the Board of Commission-
ers could assume the administrative duties as provided under GS 153-20. We have tried
operating with a combination of the three and it has been unsatlsfactory. I will go along
with either of these three proposals. Our people are entitled to better administration
of County affairs than they have been getting. Let us make a decision today for better
government in New Hanover County."
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UNIFORM UACATION; SICK LEAVE AND HOLIDAYS
Mr. Broadhurst observed that some of the department heads had approached him
complaining that the daily record forms necessary for determining sick leave under the
uniform program adopted by the Board on May 4th, 1959 were complicated and difficult to
understand. He is of the opinion that the Department heads elecfed by the people should
run their own departments and therefore offered a motion that the rules and regulations
adopted by the Board on May 4th, 1959 be rescinded and that Department heads control
their own personnel,allowing two calendar weeks vacation and determining sick leave as in
the past and the Commissioners will approve Holidays as they come up. This motion was
seconded by Mr. Holton and in the discussion Mr. Williams pointed out that the Legislature
has placed the responsibility in the hands of the County Commissioner and not the Depart-
ment heads. Uniform vacation, sick leave, and holiday rules work well in most large
organi2ations and he could not see the wisdom in allowing each DeparEment head to set
its orm regulations and therefore, he suggested that as the sick leave portion of the
regulations seemed to be the one causing the dlfficuity, to hold the voting on this mo-
tion over until the next meeting and studying the advisability of extending the sick leave
provisions to meet those required under the Merit System Council. He then offered a mo- '
tion that the matter be tabled in order to study it further. There was no second to this
motion and the Chairman ruled it dead. Mr. Williams then made a substitute motion that
the sick leave schedule be approved to conform with the Merit System Council. There was
no second to the substitute motion. The Chairman then put the vote on the original motion
and Mr. Williams voted"NO" but since the rest oF the Board voted "YES" the Chairman ruled
the uniform vacation, sick leave, and holiday regulations repealed and the.Department heads..
to control the personnel.
PARKING REGULATIONS -
Chairman Hall observed that his attention had been called to the fact that our
Superior Court would be served by a visiting Judge and he thought he was entitled to the
'91courtesy of a reserved parking space. After some discussion of the sub,ject, Mr. Broad=
hurst offered a motion that a parking space be designated for the visiting Superior Court
Judge. There was no second to his motion and it was ruled dead by the Chariman, who in-
structed the Executive Secretary to schedule this subject on the Agenda for discussion at
a later date.
COUNTY FIRFARMS ORDINANCE
This subject was
time, the Board, by common
date.
scheduled for discussion but after briefly considering the
consent, agreed to delay any action on this matter until a later
WELFARE PROPOSALS -
Mr. Williams called attention to the fact that a movement was underfoot for
'el4minating some of the recent safeguards which help to protect the indiscriminate use of
We`lfare.funds. He reminded the Board that the State Association of County Commissioners
was opposing the repeal of the residency requirement and other recommendations being made
?6c_ by the Public Assistance Advisory Council tending to break down some of the present res-
trictions for receiving Public Assistance. He feels that unless the local County Commiss-
ioners of each County are willing to voice their opinion, there is a likelihood that leg-
islation might be presented to the next Congress which further burdens counties with public
assistance. He had just received notice that the National Association of County Officials
would hold their mid-winter session in San Diego, California soon. He stated that he
thought someone should go and represent New Hanover County but said that since it would _
cost him money to be away from his business he would be glad for some other member to repre-
sent the County, however, if no other member could attend, he would Lo so providing the
County would underwrite his actual expenses.
Approval - After some discussion in"which it was the considered opinion of the
? Board that the voice of local government should be heard on matters afFecting its future
Cw^'ol welfare, Mr. Holton moved that expenses be allowed for a delegate to the mid-winter session
of NACO. It was seconded by Mr. irdilliams and unanimously apgr-oved by the Board.
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Minutes of the.Meeting January 4, 1960 Continued
RECESS -
Mr. Broadhurst offered a motion that the Board recess until 2:00 P. M. at which
time they would reconvene to hear reports from Consulting Engineer, Henry Von Oesen and dis-
cuss the problem of air conditioning and heat for the Court House. It was seconded by Mr.
Holton and unanimously adopted.
2:00 P.M. Commissioners Room
RECONVENTION -
The Chairman called the meeting to order and invited Henry Von Oesen and Assoc-
iates to report on their findings. Their survey revealed that sections of the Court House
were being heated with hot water and some sections with steam and even several were found to
be heated jointly with steam and hot water. This condition makes it virtually impossible
to control the room temperatures. It is their recommendation that the entire heating system
be changed over to a hot water system which can be used for either cooling or heating pur-
poses, whereas the steam system can only be used for heating. The estimated cost of a com-
plete change over of the heating system and additional installation of air conditioning with
sufficient .'. w i ri ng. ., t o operate a12 of the units is $b0,000.00. After a discussion
of the various items contained in this recommendation, the Chairman observed that it seemed
to him that the matter had boiled down to two considerations: 1- We could proceed with
the original idea of installing air conditioning in the two Court Rooms, the Sheriff's office
ati d the Commissioners' Room whlch will require an additional cost of approximately $5,500.00
in edectrical service, thus doing a piecemeal job at a cost of approximately $1a.2,000.00 with
the possibility of only part of the installatlons being serviceable in an overall renovation
job which ultimately will have to be done; 2- Whether we should enter into an overall job
at this time-instructing the engineers to prepare plans and specifications and advertise for
bids giving an opportunity for alternate gas and elctrical systems, to be received the first
Monday in March for letting and awarding, specifying that the work should be completed in
time for use next summer, approximately June lst. Mr. Williams moved that Plan #2 be
approved and the motion was seconded by Mr. Holton. Mr. Broadhurst offered a substitute
motion that the spending on this project be limited to the $14,000.00 for air conditioning
and $5,600.00 for the elecLrical improvement, making a total of $19,600. There was no second
to this motion and when the votes were cast, Mr. Broadhurst voted in the negative, however
since the majority of the Board had voted in the affirmative, inc2uding the Chairman, he rul-
ed the motion prevailed and instructed the engineer to proceed with the plans and specifica-
tions for a complete renovation of the heating and cooling system, advertising for bids to ?
be opened and the contracts awarded during the first week in March.
HEALTH BUILDING
The Chairman explained.to the engineer that the building occupied by the Consolidat-
ed Board of Health was reported to be coming apart and an inspection by the Board, who are
not experienced in that sort of thing seemed to confirm the report, however, the Board thought
that an explanatiori should be made by someone experienced in building construction and re-
quested Mr. Uon Oesen to make such recommendations that might strengthen the structure and
thus save the huilding. He asked thaG a report be made by the next regular Board meeting.
CONSOLIAATION STUDY -
Mr. Williams addressed the Chairman and asked permission to bring a matter to
their attention before adjournment. He stated that Dr. Albert Coates and a party of his asso-
ciates were in town yesterday looking for Mayor Capps sfnce the request for their prospective
services had been received from him. Failing in contacting Mayor Capps, Dr. Coates informed
Mr. Williams that a survey to determine the feasibility of consolidating the governing bodies
of New Hanover County would cost between $5,000 and $7,500 but it would require a prelimin-
ary survey to disclose all of the problems that would be involved and would enable him to
give a better opinion of the cost. Mr. Williams suggested that since the idea of employing C,
Dr. Coates for such a service originated in a,joint session of the two Boards, it should be
again discussed between those two bodies and he thought we should arrange to meet with the
City Council.at their regular meeting on January 13th. Some members of the Board opposed
the consolidation but stated that they were wiliing to again meet in joint session to make
th•e"decision. They authorized the Executive Secretary to arrange the meeting which is to
be at 10:00 A. M. on Wednesday, January 13th in the City Council Chambers.
REPORTS AND LETTERS -
The following letters and reports were reviewed and ordered filed #'or informa-
tion:
1- LeLter from Mr. Henry C. Bost, Chairman of the New Hanover County Board of
Elections in behalf of Mr. Herbert C. Rivenbark.
ADJOURNMENT -
Upon motion of Mr. Broadhurst, seconded by Mr. Holton, the Board unanimously
approved adjournment. n
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? W i . i G. Houck, Executive Secretary
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