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1960-05-02 Regular Meeting? ? c?'? a? Wilmington, N. C. May 2, 1960 ASSEMBLY - The regular semimonthly meeting of the New Hanover County Board of Commissioners ` met this day at 9:00 A. M. in the Commissioners Room of the Court House with the foilowin.g. present: Chairman J. M. Hall, Jr., Commissioners Peter H. Braak, L. E. Broadhurst, and Berry A. lJilliams; County Auditor T. D. Love and County Attorney John Bright Hill. Commiss- ioner J. E. Hoiton, Jr. was unable to be present for the meeting since he was out of the city. INVOCATION - Chairman J. M. Hall, Jr. called the meeting to order and asked Reverend H. A. Elebash, Pastor of St. John+s Episcopal Church, to open the meeting with prayer. APPROVAL OF THE MINUTES Upon motion of Mr. Braak, seconded by Mr. Williams, the minutes of the last meet- ? ing were unanimously approved as written. ROAD PETITIONS - ?05- Petitions were received requesting that the following roads be approved for addi- ? tion to the State maintained Secondary Road System. 1- Ridgeway Drive from Long Leaf Hills Drive toapaved road already a part of the system located in Hugh MacRae Park. 2- North Oakley Circle• 6 3- Wrightsville Sound Road beginning at the Marina`Restaurant, running.para21e1 to the Woodra-coastal Waterrray for the use of fishermen and shrimpers. 4- Dale Drive, Heide Drive, Pine Hills Drive, Barefoot Drive and Wallace Ave, in the . in the Pine Hills Subdivision. ? lJpon motion of Mr. Broadhurst, seconded by Mr. Williams, the Executive Secretary was ordered . to send the petitions to the State Highway Commission and request that they be added provided they met the minimum standard and criteria established by the State Highway Commission for such additions. The motion was unanimously approved. PIPE INSTALLATION The Executive Secretary reported that he had investigated in company with the Drainage Supervisor, Dave W. Rivenbark, foP the use of County forces in laying 711 of pipe which traversed the property of Roy McCampbell of 216 Forest Road. The ditch was originally cut by the developer of the property and since it carries the water from the street which is a part of the Highway System, the State Highway Commission had already installed pipe in part of the ditch for Reverend C. G. Johnstone of 214 Forest Road who is the adjoining property owner. After considering the matter, Mr. Williams offered a motion that this re- quest be granted provided the property owner furnished all of the necessary materials. It was seconded by Mr. Broadhurst and unanimously approved. PROPERTY APPRAISALS - The Executive Secretary reported that he had prospective purchasers for the fol- lowing ,jointly owned foreclosed property which had been appraised by the County Property Assessors: ? ,,.Ofl- Interested Persons Block Lot Description Appraisal Thomas E. Neville Bronx A # 9 33' x 1101 92' from SE cor Delgado ?ill er y 0 $280.00 Sebron K. Scarborough 352, Pt 4, 5 30' x 1601). 60, from NE cor 8 9thP H 250.00 301 X 153t ) Taylor,Fronting on q Upon motio n of Mr. Broa dhurst, seconded by Mr. Braak, the Board unanimously approved the sale, subject to approval of the City Council. EASEMENT - The Executive Secretary explained that if the renovation of the electrical system was completed and the addit3onal power load service made to take care of the proposed air con- ditioners that it wouid be necessary to erect a power pole in the Court House yard to carry _e,f?iqv*? the transformer for this service. He presented the easement and right of way agreement usually executed for this purpose. After some discussion, Mr. Braak offered a motion tha-t the Chairman be authorized to execute the document on behalf of the County. IL was second- ed by Mr. Williams and when the votes were cast, Mr. Broadhurst voted against the motion, however the Chairman ruled it prevailed and signed the document. ACCIDENT CLAIM The Executive Secretary presented an itemized claim for damages to electrical facilities on K Avenue and Dow Road in Kure Beach caused by our dragline accidentally co2- liding with a power line. The damages amounted to $138.86 excepting the loss of revenue because of the inconvenience for which they made no charge. By common consent, the Board unanimously approved the payment of this invoice from the Drainage Account. BEER LICENSES - The following applications for Beer Licenses were considered and upon motion of Mr. Broadhurst, seconded by Mr. Braak, approved and ordered sent to the Sheriff for handlino.c`t?? Soterios Andrews T/A Snack Shop lOLL Red Cross St. City Paul Lea Avery T/A The Galley Harbor Island, N. C. James Ottowell Carpenter T/A Jesse James Bar Batson Bath House, Carolina Beach, N. C. ? GO-CART TRACK A letter was received from Cliff Stoutz of 4912 Park Avenue asking that the road Gpa??- circling the lake in Hugh MacRae Park be closed off and permission be given for its use as ? , a go-cart track for 14 go-cart enthusiasts in the Winter Park area. The Executive Secre- tary reported that Cliff Gause had likewise called about the same problem stating that they had been forbidden to use the Hanover Center Parking area for that purpose. After considera- tion of the request, Mr. Williams moved that the Executive Secretary write and explain that this road was a portion of the Secondary Road System of the State Highway Commission - and,therefore,the Commissioners had no authority for closing it and to refer them to the , continued- ? r , 15 °7 t) Minutes of the Meeting May 2, 1960 Continued GO-CART TRACK - (continued) Division Engineer of the State Highway Commission. It was seconded by Mr. Broadhurst and unanimously approved by the Board. QUARTERLY REPORT - County Auditor T. D. Love submitted his quarterly report itemi2in g appropria- tions and the corresponding expenditures covering the 1959-60 Budget for the County. He explained that by and large the expenditu res were in line with the appropria tions but that occasional transfers and adjustments would be necessary on some of the items and pre- sented the following recommendations: General Fund Reserve ) Unanticipated Revenue ) State Pro Rata Beer, 1Jine ) to Beach Rehabilitation Reserve $1293•62 re 3s " Unclaimed Prepafo T Genera l Fund 53•90 19? r yea Unanticipated Revenue - State, Federal Proportion ADC " ADC - S.F $50,000.00 Unantici.pated Revenue - ADC State Hosp.? ADC - County Proportion 2,000.00 Court House - Air Conditioning " ADC - County Proportion 8,000.00 Unanticipated Revenue - APTD St?os ti APTD - " 3 000.00 p " " - Op,/?Cancelled Liens OAA - " " , 5,000.00 " " - County Home Board" County Home - Fuel 100.00 County Home - Lights, Power " " " - Laundry 300.00 Unanticipated Revenue - County H me ,t goard It Farm - Repairs Bldgs. 1,000.00 " Drainage- Repairs Equipt, 200.00 Unanticipated Revenue - Hospitaliz.) " State Intangibles Hospi taliza•tion State Pool 2,000.00 Other Counties (Com. Hosp.) ) " Upon motion of Nr. Williams, seconded by Nr. Braak, the appropriations and transfers recom- mended by the County Auditor above were approved, however Mr. ?roadhurst voted against the motion for the reason that he did not approve the transfer of funds out of the money set aside for the air conditioning of the Court House. The Chairman ruled the motion carried. WELFARE REPORT - ? The regular quarterly report of the New Hanover County Department of Public 4Je1- p,,,.?, fare was submitted by the Superintendent, Mrs. Helen B. Sneeden, showing that the Aid to 'bl"0"' Dependent Children budgeted fund was going to need an additional appropriation before the end of this fiscal year. County Auditor Love stated that approximately $10,000 would be required as the County's proportion of additional funds which he would include in the appro- priationsand transfers. ' ASSISTANCE ESTIMATE - Mrs. 5needen then presented her 1960-61 Assistance Estimate required by the ? State Welfare Board and asked that it be signed by the Commissioners. After determining ?j?p•c,?'-^' that the ADC recommendation for the riext f3scal year was increased by $21,000.00 the.Board, discussed the alarming rate at which public assistance programs U!ere advancing. Mr. Braak suggested that the employment of additional case workers to keep a closer screen on the applicants and reciprocants would help to keep down the increasing trend. Mr. Chariton A. Pope, a local citizen, remarked that the program started out as an emeraency measure and finally developed ir.to creeping socialism but now it had gotten to the point that it uJas galloping socialism. After some further discussion, N?r. Williams offered a motion that the Chairman be authorized to sign the Assistance Estimate in behalf of the County provid- ed comparative copies of the items in the 1959-60 Budget and the ?960-61 Budget be furnish- ed each Commissioner for study. LINCOLN FOREST - The Executive Secretary informed the Board that he had pursued their instructions to the Oleander Company for changing the name of Hermitage Road in Lincoln Forest Subdivi- ?? sion because of confusion with an old established road of the same name between Wilmington and Castle Hayne. It is recommended by the developers that it be changed to Kingsley Road. Upon motion of Mr. Williams, seconded by Mr. Braak, the new street name was unanimously approved by the Board. FROTOTYPE COMNRJNITY FALL-OUT SHELTER - The Executive Secretary reported that he had sat in on a conference with Federal authorities at the request of our locai Director of C3vi1 and Defense Mobilizat3on for the purpose of listenino to a proposal to erect a 50 man prototype fall-out shelter by the Feder- al government with an expenditure of.$10,000. ) The County's obligation for the first year ? would be to furnish the site which they proposed be in the basement of the present Court C House building, a,. 14 day food and water sup?p ly, elimentary cooking and serving equipment and utilities, and allo?a public viewing from 2:00 P. M. to 500 P. M. on Mondays through Saturdays for the first 12 months, after which there would be no further restrictions and the County would be free to use the shelter at its own discretion. The shelter could be occapied during the 12 months period and used by the County for whatever purpose it chose. Detailed provisions of this proposal were sent each Commissioner for their study last week along with copies of the minutes. After briefiy considering the matter, mr. Broadhurst offered a motion that they be given a littie more time to study the detailed proposal. It ` was seconded by Mr. Williams and unanimously adopted. >. , CONllKUNITY HOSPITAL - ? Pursuant to the agreement at the last meeting to allow the Medical Staff of Com- munity Hospitai to name one of their members to the Board of Directors, a letter was received recommending that Dr. H. A. Eaton be appointed to fili the unexpired vacancy for the term of one.year to begin July 1, 1960. Upon motion of Mr. Broadhurst, seconded by Mr. 'Jraak Dr. , Eaton was unanimously approved for this term of office on the Board beginning immediately. ` 571 , Minutes of the Meeting May 2nd, 1960 COMMUNITY HOSPITAL TRANSFERS - A letter was received from the following transfers be made in the Continued the Administrator of Community Hospital asking that current Budget: Plant 8 Maintenance $7,000.00 to Repdacement of Equipment Laboratory 8 IKG 1,000.00 " " " " Medical & Surg. (Salaries) 1,000.00 " " " " Dietary (Capital replacement) 1,855.72 " " " " Dietary (Salaries) 2,000.00 " " " " Nursing Service Salaries 2,000.00 " " " " Mr. Braak offered a motion that this request be granted, sub,ject to the approval of the Board of Directors of. Community Hospital at their next regular meeting. It was second- ed by Mr. Williams and unanimously passed. BOND ORDER HEARING The Clerk reported to the Board that the Bond Order entitled "Bond Order author- izing the issuance of $84,000 Court I-Iouse Sonds of the County of New Hanover", which has been introduced on April 19, 1960, has been published in the Wilmington Morning Star, on April 21, 1960, with notice that the Board of Commissioners would hold a public hearing thereon on May 2, 1960 at 10:00 o'clock in the forenoon. Commissioner Berry A. Williams moved that the Board proceed to hold a public hearing on the Bond Order. The motion was seconded by Commissioner Peter H. Braak and was adopted, Commissioner Broadhurst voted "No". At 10:00 o'clock, A.M., the Chairman announced that the Board would hear any citizen or taxpayer who desired to be heard with respect to the Bond Order. At the direct- ?? ion of the Chairman, the Clerk read the Bond Order and the published Notice of Hearing, 01 Mr. Charlton A. Pope announced that he was appearing in behalf of tiimself and ? 13 or 14 other citizens and taxpayers to protest against the Bond Order. He presented ? the following petition and asked that it be made a matter of record: "We, the undersigned citizens and taxpayers of New Hanover County, respectfully protest the Bond Order passed by your Board at its last meeting and published in the Wil- mington Morning Star at 6•lilmington, North Carolina,on April 21,1 1960. We contend that the cost of changing the present heating system of the County Court Hovse.. is not a'necessar.y "expense _. and.;does not :•qualify?,as _ one , of tHe, purposes for which bonds may be issued and taxes levied as defined by Section 153- 77 of The County Finance Act; that Mr. Henry M. Vone Oesen, Architect, employed by your Board admitted, when questioned by Mr. Broadhurst of your Board, that the present heating system was adequate. We contend that Architect Von Oesen also admitted that air-conditioning units could be in- stalled in that portion of the County Court House which is now without air-conditioning units at a cost of approximately $20,500. We contend that in view of the admissions made by Mr. Von Oesen to your Board, it is not necessary for the County to .spend $84,000 or more, for the purpose of changing the present heating system and installing air conditioning in that portion of the Court House which does not have air conditioning. We would at this time direct your attention to the fact the County Auditor's office, the Register of Deeds office, the Clerk of the Court's office are now being served by air conditioning units and that the remaining portions of the Court House can be served satisfactorily by the installation of air conditioning units at an approximate cost of $20,500 or less. For the reasons stated above, we respectfully file this letter with your Soard at this time as our protest against the Bond Order passed by you at your last meeting. This pro- test is filed under 5ection 153-87 of the County Finance Act and is submitted for your consideration with the request that your Board withhold further action ori the Bond Order until May 21, 1960, 30 days from the date the Bond Order was published. This will afford your petitioners sufficient time to file a petition with your Clerk demanding that the Bond Order be submitted to the voters as is permitted by Section 253-91 of the County Fin- ance Act." /5/ Otto K. Pridgen 3701 Market St. Herbert S. King 4005 Market St. H. L. Prevatte 4001 Market St. Milton C. Merrill 4005 Market St. J. R. Hobbs 4301 Narket St. W. R. White 4404 Market St. W. C. Mebane 4507 Wrightsville Ave. Rudolph Konig 111 Borden Ave. J. W. George 210 S. 16th St. W. E. Grimstead 1108 CyPress Drive George V. Snead 3rd & Alabama St.Writ3htsville E. C. Waddell 2315 Shirley Road Beach Luther White 1$051 Princess St. Charlton A. Popellls Azalea Drive " After the Board had'heard all persons who requested to be heard, Commissioner Berry A. Williams moved that the public hearing be closed. The motion was seconded by Com- missioner Peter H. Braak and was adopted. Commissioner Broadhurst voted "NO". County* Attorney Hill then recommended passage of the following Resolution: WHEREAS, the Bond Order entitled "Bond Order authorizing the issuance of $84,000 Court House Bonds of the County of New Hanover" introduced at the meeting of the Board of Commissioners held on April 19, 1960, has been duly published with notice of hearing thereon and the Board of Commisssioners has, at the time and place specified in such notice of hearing, heard any and all citizens and taxpayers who desire to protest against the issuance of the bonds, and such hearing has been closed; and continued- A ?r2f Minutes of - the Meeting May 2,• 1960 Continued BOND ORDER HEARING - (Continued) WHEREAS, the County Accountant has, by direction of the $oard of Commissioners, filed in the office of the Clerk of the Board of Commissioners a statement of debt incurred and to be incurred for purposes other than school purposes under Bond Orders either introduced or passed, complying with the provisions of the County Finance Act, and such statement so filed shows that the net indebted- ness of the County for purposes other than school purposes is .057% of the assess- ed valuation of property in said County as last fixed for County taxation: NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of New Hanover as follows: (1) The Bond Order entitled "Bond Order authorizing the issuance of $84,000 Court House Bonds of the County of New Hanover, introduced at the meeting of the Board of Commissioners held on-April 19, 1960, is hereby adopted without change or amendment. (2) The Clerk of the Board of Commissioners is hereby directed to cause a copy of said Bond Order to be published with the statement as to its adoption prescribed by the County Finance Act in the Wilmington A7orning Star, a newspaper -- published in New Hanover County, and such publication shall be made in the man- ,,-7?- , ner prescribed by the County Finance Act. ,?'-?Ya?"i^" _,P"Commissioner Berry A. Williams moved that the Resolution be adopted. It was seconded by Commissioner Braak. Commissioner Broadhurst voted "NO", however the Chairman ruled the motion carried. The Clerk then made the following Affidavit: ?. I, W. G. Houck, Clerk of the Board of Commissioners of the County of New Hanover, in the State of North Carolina, DO HEREBY CERTIFY as follows: 1- A regular meeting of the Board of Commissioners of said County was duly held on May 2, 1960, and minutes of said meeting have been duly recorded in the Minute Book kept by me in accordance with law for the purpose of recording the minutes of said Board and such minutes appear at pages #565 and #566 inclusive, of said book. 2- I have compared the attached extract with said minutes so recorded and said extract„is a true copy of said minutes and of the whole thereof insofar as said minutes relate to matters referred to in said extract. 3- Said minutes correctly state the time when said meeting was convened and the place where such meeting was held and the members of said Board who attended said meeting. IN WITNESS WHEREOF, I have hereunto set my hand and have hereunto affixed the corporate seal of said County, this 3rd day of May, 1960. /S/ W. G. Houck Clerk, Board of Commissioners FAA GRANT - The Executive Secretary informed the Board that he had received the Grant Agree- ,? * ment from the Department of'Commerce, for the Approach Landing Lights at the Airport whdch was processed under Project # 9031-020-6002 and Contract # FA 2-1219 amounting to $1$,000. He presented the following Resolution which is necessary in order to expedite the execution of the agreement before final payment can be made: Resolution acctpting the Grant Offer dated April 18, 1960 made by the Adminis- ? trator of Federal Aviation Agency on behalf of the United States of America to the County of New Hanover, North Carolina in the svm of not to exceed $15,000.00 as an aid in the development of the New Hanover County Airport. BE IT RESOLVED by the Board of Commissioners of New Hanover County, North Caro- lina. Section 1. That the County of New Hanover hereby accepts, on;it.s. own beh.alf, the offer of a grant of funds made by the Administrator of Federal Aviation Agency on behalf of the United States of America dated Apri1,18, -1960 to the County of New Hanover, North Carolina in the sum, for the purposes and subject to the conditions set forth below, and also specifically ratifies and adopts all statements, representations, warranties, covenants and agreements contain- ed in the Project Application, referred to therein, ?. Section 2. That J. M. Hall, Jr. the Chairman of the Board of Commissioners is hereby avthorized and directed to execute acceptance of the Grant Offer in quin- tuple on behalf of the County of New Hanover and W. G. Houck, the Clerk is here- by authorized and directed to impress the official seal of the County of New Han- over, North Carolina and to attest said execution. Mr. Broadhurst made a motion that the Resolution be approved. It was seconded by Mr. Wil- liams and unanimously adopted by the Board. LAW LIBRARY - i Mr. A. Goldburg, President of the Local Bar Association, explained to the Com- missioners that it was necessary for them to have adequate light in the law library but that they did not have any money in their treasury. The Executive Secretary expl'ained that he had been requested to place these lights expenditure out of the Building-Repairs Budget but as it was running low, he suggested that the cost of these lights be charged to the Fines Fund rihich is allowed for maintenance of a Law Library. Mr. Goldburg explained that the contractor had made them such an exceilent offer they could not resist authori2- ing the work and asked that the County pay the bill. After a brief discussion of the pro- per procedure, Mr. Broadhurst offered a motion that the bill for $275.00 be paid. It was seconded by Mr. Williams and unanimously approved. er? e? ? Minutes of the Meeting May 2, 1960 Continued ? 7 ? INSOLVENT TAXES - Mr. Williams observed that he would like to discuss the Countyls revenues since he brought up the subject the first time about the collection of personal property tax which is a part of the income. He offered a motion that the Tax Collector be instructed to use every legal means at his command in the collection of personal property taxes and that no name appear on the insolvent list unless everylegal effort at collection has been made. It was seconded by Mr. Braak and after some discussion of the practical applica- tion of the law in the collection of the small items, a vote was taken in which Mr. Braak and Mr. Williams uoted in favor of the motion and Mr. Broadhurst voted against the motion. The Chairman then remarked that for technical reasons rather than from moral issues, he would be foreced to cast his vote in the negative which nullified the motion as Commissioner Hoiton was absent. The Chairman, therefore, ruled the motion lost. RIVERS & HARBORS CONGRE55 A letter was received from the National Rivers 8 Harbors Congress advising that Wilmington harbor was one of the projects in the South AtlanLic Division which would be discussed at their next meeting'to be held in the Mayflower Hotel, Washington, D. C. on Tuesday, May 24, 1960 commencing at 10:00 A. M. (EDST). REPORTS - The following report was r"eceived and ordered filed for information: r 1- Welfare recipients' status changes for the month of April, 1960. ADJOURNNENT - There being no further business to be brought before the Board, Mr. Broadhurst made a motion to adjourn, which was seconded by Nr. 4Jilliams, and unanimously adopted. ? . ? ? W. G. Houck, Executive Se rc etary Wilmington, N. C. May 16, 1960 CONVENTION - The regular semimonthly meeting of the New Hanover County Board of Commission- ers met this day at 9:00 in the Commissioners Room of the County Court House. PRESENT: Chairman J. M. Hall, Jr., Commissioners Peter H. Braak, L. E. Broadhurst, 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 Dr. B. rrank Hall, Pastor of Pearsall Memorial Church, to open the meeting with a prayer for guidance. APPROVAL OF THE MINUTES - Upon motion of Mr. Broadhurst, seconded by Mr. Williams, the minutes of the last meeting were unanimously approved. - J Vd ? BOND ISSUE-COURT HOUSE REPAIRS The Executive Secretary informed the Board that subsequent to the approval of e' the Resolution at the last meeting authorizing the issuance of $ti4,000 in CourtHouse Bonds to renovate the electrical and heating system and install air conditioning in the County Court House, the following announcement was made by the County Attorney quoting our Bond Attorneys Reed, Hoyt, Washburn and McCarthy, " I can find no escape from the conclusions which I expressed to you over the te2ephone last week. Certainly, under the decisions of your Supreme Court, the bonds issued by the County during the fiscal year beginning July ? . 1, 1958 count against any payment of other bonds in determining the "debt retirement" for the purposes of Section 4 of Article 5 of the North Carolina Constitution. This means, of course, that there was no reduction in the County's debt which would permit the issuance of bonds without the approval of the voters. Will the County accomplish an adequate debt reduction during the fiscal year ending June 30, 19601 It is suggested that the County might refund $84,000 of bonds payable during the fiscal year beginning July 1, 1960 so as to permit an appropriation to be made in the budget for the fiscai year adequate to finance the proposed improvements to the County Court House, The necessary refunding bonds could be..issued without approval of the voters." After some discussion of the possibilities; the Board,by common consent,aoreed that no bonds would be issued at this time. APPROPRIATION - AZAL£A FESTIVAL 'I'he Executive Secretary explained that Robert A. Little, president of 1960 A2alea Festival Committee,had requested an additionai payment of 050.00 in order to fulfill ?,,;:?,vA the commitment made on February lst promising the same allotment out of the Advertising ' Fund that was made to the 1959 Azalea Festival Committee. Mr. Holton explained that at the time the original appropriation of $2,050.00 was made the Auditor had overlooked one of the invoices which made the total appropriation of 1959 $2,592.50 instead of $2,050.00 - leaving a shortage of approximately $550.00 and they were only asking the same amount. 'fhe minutes of February lst indicated that it was the intent of the Board to a.llocate the same amount as in 1959. The County Auditor advised that the Advertising Fund only had $167.33 left in it and since there is a statutory limitation of $10,000.00 placed on this appro- priation, only that amount could be used. Mr. Holton then offered a motion that $3E32.67' be appropriated from Unanticipated Interests to the Advertising Fund. It was seconded by Mr. Broadhurst. Before the motion was put, Mr. Williams offered a substitute motion that the matter be taken under advisement. It was seconded by Mr. Braak and when the question was called, Messrs. J:5raak and Williams supported the substitute motion, Messrs. Broadhurst, -A