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1960-04-04 Regular Meeting>, ) C), I ASSEN,BLY - April 4, 1960 Wilmington, N. C. 3'h_e. regular semimonthly: meeting of th?e,7New Hariover County Board of Commissioners was held on.this date in the Commissioners Room of the.Court House at.9:00 A. M with the followkrig present: Cha-i•rman =J.- M. Haii,--Jr.-,. Commissioners Peter-H. Br.aak, L.-E. Broad- hurst and Berry A. Wiliiams; County Auditor T. D. Love and County Attorney John Bright Hill. Commissioner J. E. Holton was unabie to be present for the meeting. INVOCATI9N - •• Chairman Hall called the meeting to order and asked Dr. J. V. Early, Pastor of GtaceMethodist Church; to open the- mee'ting witfi a prayer for guidance.? • • APPROVAL OF THE MINUTES - . - Upon motion• of Mr.- $roadhurst,. `second'ed;by:iMr. Braak, the m.inuies.' of the las_t. meeting were.unanimously appr.ov.ed as'.written. . TRASK PLAQUE - ' The Execut'ive •Secretary infosmed..'the Board that :the State' Highway Commission" has ` received the p:laque or marker to'be pu't on the bridge across the Intra-Coastal Waterway at Wrightsville Sound naming it in memory of C. Heide Trask, who for.a long time served as State Highway Commissioner for southeastern Nbrth Carolina, They requested instructions as to whether or not a public unveiling should be held when it was erected. After careful consideration of the factors involved, it was decided that a private ceremony should be held with the family, County Commissioners, and interested State Highway officials only attending. The Executive Secretary was authorized to make arrangements for this event. NATiONAL GUARD MAINTENANCE The Executive Secretary informed the Board that Major H. V. Reid, who is Command- irig Officer of the local guard unit advised that for several years the County had tilled a 20 acre plot of ground on their premises in exchange for the maintenance for the yard.and . grounds within their quarters, however, for the past two or three years it had been neces5- ary for him to make many telephone calls to the County Home with the result that the grass was not cut and he had to use his own personal equipment in order to keep it in presentable condition. He reported that Mr. Rivenbark, the County Home Superintendent, had recently sent the farm tractors over and plowed it up but as he had another offer from a nearby . farmer who would keep the grounds mowed on a regular basis in exchange for the use of ad- joining land, he wanted a commitment that the County would provide the same service. He wou2d much rather for the County to continue to use it if they wouid fulfiil their agree- ment. During the discussion of this problem, the County tLoiro (-nMMJJ_iee advised that at present there was no equipment that would properiy do.the work and they did not recom- men@ the purchase of a rotary mower as the return from the lands which we worked would not justify the purchase of suitable equipment. COMMUNITY HOSPITAL Dr. D. C. Roane and Dr. W. J. Wheeler appeared,before the Boar,d in the interest of the Community Hospital. Dr. Roane expressed his belief that much of the criticism dir- ected to the hospital could have been eliminated by the presence of some member of the Med- ical Staff being on the Board of Directors. This is the same recommendation recently made by Dr. H. A. Eaton as President of the Cape Fear Medical Society. After some consid- eration of the factors involved, Mr. Williams offered a motion that the discussion be post- poned until the next meeting. It was seconded by Mr. Braak and unanimously approved by the Board. The Executive Secretary was instructed to put this on the Agenda for the next meeting. ' WILNINGI'ON CIVIC LEAGUE Dr. W. J. Wheeler presented the Board with an.ettdorsement from the Wilmington Civic League recommending the new hospital issue be revived'provided the negroes were -? allowed adequate and desired representation on the Committees and Planning Boards of the same. They request the privilege of selecting aricl recommending their members to repre- sent them. Mr. Williams observed that ail Board members should be present before any ser- ious discussion of this subject.' Other members thought that consideration shoudd be giv- en to the feelings of the people in surrounding counties who would use the new hospital. The Executive Secretary was instructed to reschedule this subject on the Agenda for the meeting on April 19th. - ALLOCATION - ADVERTISING The Executive Secretary called the Boards attention to their action at the March ???... 7th meeting in which they approved the request of the Wilmington Athletic Association for a donation of $450.00 toward the Azalea Open Golf Tournament this year but they had failed to take formal action to make the allocation from the Advertising Appropriatibn. The ,?- Chairman stated that it was the full intent of the Board to make this appropriation so Williams moved that$450.00 be allocated from the Advertising Fund to the Wilmington Athle- Lic Association to pay for advertising. It was seconded by Mr. Braak and unanimously adopted by the Board. APPROPRIATIONS AND TRANSFERS The County Auditor informed the Board that some of the appropriated Budget items were overdrawn and some were not using all of the funds appropriated to them and recommend- ed the following appropriations and transfers in order to balance the accounts in some of ?.-,Yy?frrYv- departments as listed: Commissioners- Telephone,Telegr. 5uperior Court - Jury Fees Commissioners - Telephone, Telegr. General Emergency n n n n n n u u n tt u n Superior - Jury Fees General Emergency Tax Listing Salaries n o n to Auditor.- Telephone, Telegr " CSC - StaVy., Supplies " " - Telephone, Telegr. " Coun ty Aid- Social Security " Jail - Laundry " " - Medicines " " - Produce from Farm " " - Repairs to Bldg. . " " - Stat'y, Supplies " " - Water, Sewerage " Supe rior Court - Statty, Supplies " Tax Collector - Refund Taxes Tax Listing - City Listers Salaries " " " County Listers Salaries $25.00 150.00 l}0 . 00 500.00 125.00 100.00 150.00 25.00 2.75 100.00 50.00 1000.00 67.00 122.00 Continued- -A r- b ? Mlnutes of the Meeting April 4, County Home - p ne, e egr. Emergency " " " - Repairs Bldg. " " " - Repairs Bldg. " " - Groceries " General Fund Emergency " County Home - Clothing " " " - Repairs Equipt. " Coroner - Aut opsy " 1960 APPROPRIATIONS AND TRANSFERS - (Continued) General Emergency to Tax Cominissidners - Tele ho T 1 " " Listing- n _ County Home - n rr _ Red Books . Telephone, Telegr. Bedding, Linens Fuel Medicines fr CounLy Farm - Fsed County Home - Medicine " " - Repairs to Bldg. Coroner - 5alary Mr. Broadhurst offered a motion that these recommendations be approved. by Mr. Braak and unanimously,carried. $5.50 135•00 35.00 750.00 61.52 1000.60 690.00 150.00 300.00 30.00 It was seconded BEER LICENSES - ? Consideration was given to the following requests for Beer P ermits and hy common consent of the Board, they were ordered turned over to the Sheriff for his consideration: Ernest Rufus George T/A Little Bud's Masonboro 5ound Wilmington,N.C. Charles S. Carter Carters Gnlf Station 2006 Caroiina Beach Rd. CiLy Mrs. Blanche Gray T/A "421" Highway #421 " Mr. L. E. Green T/A Green's Ocean Grill Carolina Beach, N. C. Willie Ryals T/A Tiajuina " 't it It Harold V. Spurbeck T/A Spurbecks Serv. Station,Highway #421 City 05;-? ? FEDERAL POINT FtOAD - - Pursuant to instructions at the meeting of March 21st, the Chairman and Execu- tive Secretary reported that they had conferred with the 5tate tIighway Division Engineer relative to the Extension of 17th Street to the Shipyard Boulevard via the oid Federal Point Road and the removal of graves from its right of way, The State Highway Commiss- ion records indicate that the Commissioners were committed to providing a 100, right of way in order to open and construct this road, however, since the planning department has recommended the merging of traffic from lbth and 17th 5treets at the City limits, a 66, right of way would be all that was necessary through. Oak Grove Cemetery to the City limits, however, a four-lane divided road would be required from that point to Shipyard Boulevard and they would need 130' right of way for that part of it. The Division Eng- ineer promised the assistance and help of the State Highway Commission right of way ex- perts who are familiar with the proble.ms attendant the removal of graves. In his opin- ion, it would be a mltter of contracting with some funeral home to actually remove the graves. He also reported that he had thanked the State Highway Commission for supply- ing us with 1021 of 30" concrete pipe for use at the trash dump. Another conference on the sub,ject of right of ways will be scheduled when the State Highway Department has finally firmed up their p2ans for this work in order to resolve the details. RQA? PETITION A petition signed by the property owners in Council Heights Subdivision living. on Yorktown Drive presented a petition asking that that road be added to the Secondary Road SysLem of,the 5tate Highway Commission. Upon motion of Mr. Broadhurst, seconded-by Mr. Williams, the Board unanimously approved the request and authorized the Execulive Secretary to forward it to the State Highway Commission for their consideration. COPM7UNITY STREETS A petition was received from the East Wilmington Development Program composed of the citizens and taxpayer living on Clay Street, Henry Street, Mosely Street, Oak Street, and Price's Lane enclosing kodak pictures of the conditions which they consider detrimental to the proper movement of vehicular traffic. The pictures indicated that the roads were full of holes with water standing in them. They request relief from these conditions. The Chairman explained to the group presenting the petition that the CounLy was entirely out of any road or street maintenance work and that since 1931 the State had assumed the responsibility for all road improvements and maintenance, however, after some discussion of the matter, Mr. Braak offered a motion that this matter be referred to the State Highway Commission with the request that they investigate the matter to see if any relief could be given to the residents of this community. It was seconded by Mr. Broadhurst and unanimously approved by the Board. (The Executive Secretary discussed this type problem with Mr. Ashworth who is a District Engineer for the State Highway Com- mission and he advises that it is the policy of the State to allow the..use of their road machines to drag up the ditches and level off fill-in materials only on those streets which have been accepted as community streets or neighborhood,roads by the State Highway Commiss- ion but the law prohibits them from hauling the materials.) INSOLVENT TAX CONN7ITTEE - The Chairman reported that the committee, appointed by him at the March 14th ?-(- meeting to discuss the unpaid back tax situation, had met and although Mayor Capps was absent on that date, the commitLee discussed the many problems presented in trying to find a practical solution for this very troubiesome situation. It was the consensus of the committee that Tax Collector Johnson was doing a creditable job in the main. Improvements in a few glaring instances would e2iminate some of the criticisms which have been directed at,that office such as setting up a card system contining the yearly accumulation of per- sonal taxes similiar to the records used in the real property taxes. No recommendation for substantial changes in the present system was made. It was pointed out that nonpayment of-taxes was not condoned by anyone but from a practical standpoint, many of the small . it?erns could not be handled on an individual basis because L•he cost of collection would far exceed the revenue derived. Mr. Williams observed that the matter was originaliy brought up because it presented a real problem and that there was no intent to get involved in personalities but only to soive the problem. He cited GS 105-375 and 105=385 and stated that he did not think it was right for the Tax Collector to garnishee wages only. If we are going to enforce the law which allows the seizure of wages, we should also enforce the law which allows seizure of personal property including bank accounts of other delin-- quents. In his opinion, to do otherwise, is unfair and discriminatory. He also stated ?? that he 't2iougfit:. the Board should establish a definite deadline for foreciosure proceedings continued- . \ . f? Minutes of the Meeting April !}, 1960 Continued INSOLVENT TAX COMMITTEE - (Continued) , on real estate. He further reminded the Board that on personal property the duty of the Tax Goliector is clearly defined, and that it was the responsibility of this Board to see that the provisions of the law are followed. --?- 6? AIR CONDITIONING AND HFATING - Consulting Engineers, Henry Von Oesen and J:.R. Benson, Jr. reported to the ?14_??- Board that the following bids were received on March 31st at 2:30 P. M. for renovating the electrical and heating systems of the Court House and adding air conditioning service: Section 1- Heatinq R Air Conditioninq Add Add Contractor : Lic. No.: B.Bond : Base Bid : Alt. No.l : Alt.No. 2: Orrell 8 Smith . 968 Temp. Controi Co.: 1855 Sneeden A.C. & 13?? Refrig. Co. . .480 Jordan-Blanton Meyers Co. .-1372 J. L. Wynn & Co. : 1869 * Telegraphic Modification . 5 % :$99,300.00: $4,650.00 . 5 % . 88,746.00. 3,500.00 . 4,000. . 68,887.00: 6,920.00 • 5 % • 69,630.00: 4,000.00 ? 5 % ? 70,944.00 : 6,181.00 : $6,94o.oo : 5,000.00 : 9,685.00 . 6,000.00 ' 9,231.00 Section II - Electrical Add Contractor :Lic. No. : B. Bond: Base Bid : Alt. No 1 Paul T. Turner : 3201 Mason Elect. Co. : 3190 Graves Elect. Co.; 3006 Talley Elect. Co.: A. B. Blake . 75 Deduct :Alt. No. 2 Remarks 150 days 150 days For 100 T.,Byeqays_2,100 120 days Cooling 75, For ' 106 ton red. ded. 95 days $1,500, 100 T rec deduct $2,000 Remarks 120 days Did not bid- . 5 % :$17,963.00: $695.00 . $785.00 . Deduct ; 5 % ; 22,312.00; 165.00 ; $1,800.00 ; . 5 % . 16,795.00: 150.00 . 700.00 , 5% : 15,460.00: No change : 725.00 . They reported that a study of the bids had been made and submitted the following cost com- parison: a' Descriotion Installation Operating Cost Air Conditioning Operating Cost Heating Annual Maintenance Total Operating Cost Expected Life (Amortorization) Comparative Annual Owning Cost Incl. Total Own3ng 8 Operating Cost Base Bid Alt. No. 1 2-50 Ton 100 Ton Reciprocating Centrifugal $68,887.00 $73,630.00 _ 2,040.74 1,764.31 1,810.00 1,810.00 250:00 ' 150.00 4,100.74 3,724.31 lo years 15 years Int. 8,788.70 6,872.66 12,889.44 10,596.97 Alt. No. 2 100 Ton Absorption 74,905.00 2,401.39 1,930.00 200.00 4.531.00 15 years '6,; 993. 67 ii,525.06 :fqssumes interruptable rate which will require a more expensive burner and staridby oii sup- ply. If firm price is obtained, heating cost will be $3,420,00 for gas. Heating with oil could cost $2,820.00 annually. Base Bid assumes use of 2-50 Ton reciprocating electrical air conditioning units and heat- ing with coal. ? Alternate No. 1 assumes use of one 300 Ton centrifical air conditioning unit and heating with coal. Alternate No. 2 assumes use of one 100 Ton absorption air conditioning unit (Gas) heating with gas. After discussing the severai bids, the Chairman reported that the next important item was to decide how the remodeling ,Job could be paid for. County Attorney Hill reported that he and the County Auditor had discussed the question of issuin5 bonds with the General Coun- sel of the State Association of County Commissioners, J. Alexander NcMahon, who advised that although the law was not specifically clear, it was his opinion that bonds could defin- itely be issued for this purpose without a vote of the peopie. The County Auditor report- ed that sufficient bonds had been retlred during tfie previous fiscal year to allow the issuance of bonds amounting to $64,000 which was Ywo-thirds of the amount of bonds retired during that fiscal period. Mr. Easterling of the Locai Government Commission advised them that he, too, was of the opinion that the bonds could legally be issued but that it really was not up to him to say Dut the New York Bond attorneys. P7r. Hill then ca2led the New York Bond attorneys who likewise agreed that in their opinion there wouid be no difficulty in issuing the bonds for this purpose. The Chairman then asked the Board if they wished to authorize the attorney to proceed to clear all preliminaries in order to issue the bonds. Mr. Broadhurst stated that he would approve the air conditioning but he wasnot in favor of changing the heating. The County Auditor informed the Board that they should decide the period of time for retirement of the bonds because the law would permit them to issue five year anticipation notesinstead of actuall,jr selling the bonds and if their in- tention was to liquidate the bonds within a five year.period, he would recommend considera- tion be given to anticipation notes. The Chairman observed that he thought that a full Board shoud be present to make the decision and recommended that it be delayed un,til the continued- A r, sti Minutes of the Meeting April 4, 1960 Continued - AIR CONDITIONING AND HFATING - (continued) ? meeting of April 19th. After some further discussion in which it was pointed out that a contract could not be let until the way was provided for payment and that the bids were good for only 30 days, therefore Mr. Braak offered a motion that the County Attorney be authorized to proceed to clear the legal preliminaries necessary before a bond issue can be ordered. This motion was seconded by Mr. Williams, whereupon, Mr. Broadhurst offered a substitute motion that the Board go along with the original plan of renovating the electrical system to accomodate the instaliation of air conditioning units in the Court Rooms and window units in the offices. There was no second to this motion so the Chairman ruled it dead. Since no decision could be made at this meeting, it was decided to defer it until the April 19th meeting. ? EASTER HOLIDAY - ? The Executive Secretary reported to the Board that it had been customary in the past to allow Easter Monday as a holiday, therefore, Mr. Williams offered a motion that Monday, April 18th be designated as a holiday. It was seconded by Mr. Broadhurst and unanimously approved. MARKET SHOW AND SALE - A letter was received from the Agricultural Committee of the Wilmington Chamber of Commerce reminding the Board that the annual Market Show and Sale was scheduled April 20th and 21st at the New Hanover Livestock Arena and requested an appropriation of not over ? $2400.00 as previously authori2ed to assist in staging this non profit event,. The letter ? indicated that at present the exprenses would not run over $2130 so Mr. Broadhurst offer- ed a motion that $2130.00 be allocated and appropriated from the Advertising Fund to cover this promised expenditure. It was seconded by Mr. Williams and unanimously adopted by the Board. As Chairman of the committee,appo3nted at the meeting on March 7th to find space suitable for the use of the Clerk of Recorder's Court, Mr. Broadhurst reported that his comunittee had decided that the room now occupied by the Court Stenographer, Mr. McEwen, couid be used as an office for the Recorder's Court Clerk and recommended that Mr. McEwen be allowed the use of ttae small prisonerst room ad,joining the Judge's chambers. By com- arron consent, the Board approved this arrangement. ACCOUNTANT'S SCHOOL - ? A letter was received from the Institute of Government announcing that the 1960 'Gschool for County Accountants would be held Aprii 24th-26th. The County Auditor reported to the Board that in his opinion the County Commissioners would receive more information relative to the County Government in this school than any other within his know4edge and suggested that if possible some of them arrange to attend. Afker %ome discussion of the topics wh3ch would be presented at this school, Mr. Williams offered a motion that the Auditor and any members of the Board, including the Executive Secretary, be authorized to attend this school. It was seconded by Mr. Broadhurst and unanimously approved. REPORTS 8 LETTERS - The following reports and letters were reviewed and ordered filed for informa- i tion: ?,? (/t??y.?'^ 1- Ueterans' Service Office 2- Thank-you letter from Dr. John T. Hoggard in behaif of the Tr.ustees of • Wilmington College. 3- Letter from the Conservation & Development Department by the State Forest- er, F. H. Claridge. ADJOURNMENT - Upon motion of Mr. Broadhurst, ad,journed. seconded by Mr. Williams, th d unanimously W. G. Houck, Executive Secreta?y ? BOAItD OF EQUALIZATION & REVIEW MEETING &?•?0n The Board of Equalization and Review met on April 4, 1960 at 11:30 A. M. in the office of the County Commissioners. Present were Chairman J. M. Hall, Jr., Berry A. Williams and L. E. Broadhurst. T. D. Love, Tax Supervisor,served as Secretary to the Board. Also present were Mr. H. S. McGirt and Mr. Raymond E. Blake, Jr., Tax Assessors of New Hanover County. Minutes of the previous meeting were approved. Taxpayer Mr. J. C. Thompson was on hand relative to assessment-placed ed in Nlasonboro Township for the year 1960. The property in question that year. After• listening to various arguments and comparing the the Soard ordered that this house be placed on record as an "A" Grade factor be added. , on his property locat- having been completed in touse with other houses, house and that a 30% Protest of Mr. Julian A. Altobellis in regard to his prope"rty located in Highiand Hills, Masonboro Township was reviewed and upon reviewing pictures in Man?al, and comparing same with other property in the neighborhood, it was decided that this property was assessed out of line. The Board ordered that the 20% factor be deleted from the assessment of Nir. Altobellis as the property was out of line. -? '- RECORDER'S COURT , ?6 3? Minutes of the Board of Equali2ation and Review (Continued) Properties of the Emulsified Asphalt Refining Company relative to Tanks on their property were reviewed and it was ordered that the depreciation schedule be increased from 20% to 50% on Tank "Y-7" and from 20% to 35% on Tank "Y-8" and 11Y-911• Those were used tanks at the time of installation and it was found that they were out of line,with other tanks - whlch are assessed in the County. Protest of Mr. C. C. Ward's with regard to property located on Wrightsville Beach. As his property was found to be in line with similar property in the County, no change was made. Protest of Mr. Martin M. Nichbls, Jr. property located in Federal Poirit Township was de- nied any change as his property was found to be assessed-with similar in the County. Protest of Mr. S. P. Brown was denied as his property was assessed with similar property in the County. Protest of Mr. O. W. Sisk on his property located at Carolitta Beach was denied as his assess- ment was found to be in line with other property in the County. Protest of Mr. B. H. Marshall, Jr. was denied as it was found to be in line with other pro- perty in the County. Protest of D 8 E Car Exchange was granted in that the garage was priced at $590.00 and should have been priced at $490.00 as per the manual. Approval of Reverend C. E. Baker's protest in regard to his property at Carolina Beach which was found to have some merit and it was thereby ordered that the grade of his house be changed from "D-" to Grade "E" -10%. 1 Mr. Love informed the Board that all the protests which had been presented. All had re- ceived the attention of the Board and all have been handied in the proper manner. At this point Mr. Wiliiams moved and it was seconded by Mr. Broadhurst that the Board of Equalization and Review ad,journ their meeting for the year 1960. Motion was carried and the Board adjourned. /S/ T. D. Love Secretary to the Board Wilmington, April 18, 1960 ASSEMBLY - The regular semimonthly meeting of the New Hanover County Board of Commission- ers met this day at 9:00 A. M. in tHe Commissioners Room of the Court House with the fol- lowing present: Chairman J. M. Hall, Jr., Commissioners L. E. Broadhurst, Peter H. Braak, J. E. Holton, Jr. and Berry A. Williams; County Auditor T. D. Love and County Attorney John Bright Hill. • INVOCATION - Chairman Hall called the meeting to order and asked Reverend Ray Noland, Pastor of Grace Baptist Church, to open the meeting with a prayer for guidance. APPROVAL OF THE MINUTES - The Executive Secretary requested that the following amendments be added to the minutes as written: Under Allocation - Advertisement, add the words"to pay for advert- ising" to Mr. Williamslmotion; and in the paragraph titled Insolvent Tax Committee, de- lete ail of the present wording after the word "garnishee" in the sentence beginning "He cited GS 105-375" and add the following "and stated that he did not think it was right for the Tax Collector to garnishee wages only. If we are going to enforce the law which allows the seizure of wages, we should also enforce the law which allows seizure of personal pro- perty including bank acCounts of other delinquents. In his opinion, to do otherwise, is unfair and discriminatory. He also stated that he thought the Board should estabiish a definite deadline for foreclosure proceedings on real estate. He further reminded the Board that on personal property the duty of the Tax Collector is clearly defined, and that it was the responsibility of this Board to see that the provisions of the law are follow- ed." Mr. Braak then offered a motion that the minutes be approved as amended above. It was seconded by Mr. Williams and unanimously adopted. PICTURE ' The Executive Secretary had arranged with the Browning Photo Center to make some'r"?"'?- pictures of the Board for the purpose of use in the State Association Magazine. The photo-e, o'c grapher was present and suitable pictures were obtained. HOSPITAL NEEDS - Following the sugoestion made by the Chairman at the meeting of March 14th, the Chairman sLated that he had recently received letters from many civic organizations endors- --? ing the appointment of a committee to examine the needs for better hospital facilities in New Hanover County. At the meeting today, representatives of the Kiwanis Club, Lions Club, Optimists Club, Community Council, Chamber of Commerce, James Walker Memorial Hosp- ital Auxilliary were present, many of whom spoke in favor of a large study committee. Most of them thought that all segments of the population should be included so that the comm3ttee would represent all of the citizens. In this manner, more-people would become aware of the increasing problems with reference to hospitalization. After a discussion of the ways and means to accomplish this objective, Mr. Williams offered a motion that a Citizens Committee be appointed consisting of a maximum of 70 members representing a cross section of the citizens to study the Norman Report, receive recommendations from individuals and groups, to study ways and means of financing and that each Commissioner have the privilege of naming eight members and allowing the Chairman to name any additional members to fill the Committee and call an organizational meeting which would elect its own officers with a, free rein to investigate, examine and study all of the factors involved in such an under- taking and report back to the Commissioners not later than July 5, 1960. This motion was continued- ?