HomeMy WebLinkAboutMinutes - 19601107Minutes of the Board of Commissioners
November 7, 1960 off
The Orange County Board of Commissioners met in regular session on Monday, November 7, 1960,
at ten o'clock a.m. in the Commissioners' room at the courthouse in Hillsboro, N. C.
Members present: Chairman R. J. M. Hobbs, Commissioners Donald McDade, Clarence Jones,
Henry Walker and Donald Stanford.
Membnrs absent: None
The minutes of the October meetings were read by Acting Clerk, Sam Gattis, and approved
by the Board.
Calvin Burch, representative for the Carrboro Chamber of Commerce, appeared before the Board
requesting the support of the County Commissioners for the newly formed Carrboro unit of the National
Guard. Mr. Burch brought with him Major Cartwzight, Adjutant of the National Guard Unit to which
the Carrboro Unit will be attached, and Lt, Stegall, Commanding Officer of the Unit. Major Cartwright
briefly outlined the present plans for the Carrboro Unit. Mr. Burch than requested the County
Commissioners to appropriate $800.00 to be used in defraying one third (113) of the cost of the
construction of a vault to store weapons belonging to the Carrboro Unit. This vault is to be
located in the Carrboro City Hall. The Commissioners were pleased to hear the Unit of the National
Guard had been established and would decide in the near future what to do concerning the requested
appropriation.
Mr. Sprouse and W, L. Davis appeared before the Board and protested the amount of their
county tax bill. The Board listened to their protests and then informed Mr. Sprouse and Mr. Davis
that there was nothing that could be done to reduce their tax bills.
Lars. Sam Jones appeared to request that the road upon which she lived be added to the State
Highway System for maintance. The Board referred her to the Sate Highway Department as that was
the proper agency to handle her request.
Dalton Loftin appeared in behalf of a client, Ervin Wright, in regard to an O.A.A. Lien
filed against his property. Sr'. Loftin requested the lien for a ten (10) acre tract be lifted so
that the land might be sold to a third party, The Board agreeded to refer this request to the
County Attorney. The general feeling of the Board seemed to be that this request should not be
granted.
R, J. Smith, Sr„ Chairman of the County A,B.C, Board, delivered a check for $3$,000.00 to
the Chairm of the Board of Commissioners. This sum represented the first payment on the ;100,000.00
anticipated from the A,&C. Board this year.
The following resolution was received from the Chapel Hill School Board.
The Chapel Hill City Board of Education met at Superintendent's Office in Chapel Hill, North
Carolina, on October 30, 1960, at 8:00 P,M. in regular session.
Present: Mr. R. E. Jamerson, Jr.; J. Walter Clark, Jr.; Rev. J. R. alanley; Mr, Charles Milner;
Mrs. Marvin Allen.
Absent: Mr. Grey Culbreth; Dr. J. Hempton Jones
The following resolution was introduced and read:
RESOLUTION RD?UPSTING THE BOARD OF COMMISSIONERS
FOR THE COUNTY OF ORAIPE TO PROVIDE SCHOOL FACILITIES
BE IT RESOLVED by the Chapel Hill City Board of Education:
Section 1. That the Chanel Hill City Board of Education has determined and found as a fact
that adequate school facilities are not available in the Chanel Hill City Administrative Unit to
comply with the constitutional requirement for the maintenance of schools six months in each year,
and that it is necessary in order to maintain such six months' school term as required by Section 3
of Article IX of the Constitution to erect additional school buildings and other school plant
facilities, and acquire necessary land and equipment therefor in order to provide additional elementary
(land secondary school facilities in said Unit.
Section 2. Teat the Board of Commissioners for the County of Orange is requested to take all
necessary steps, by the issuance of bonds or otherwise, so that funds may be provided for such school
facilities.
Section 3. That a copy of this resolution shall be certified to The Board of Education of
Orange County and to the Board of Commissioners of said County.
Upon motion duly seconded, the foregoing resolution was passed by the following vote:
Ayes: Mr. J. Walter Clark, Jr.,; Rev. J. R. Stanley; LL, Charles LNloer; Mrs, Marvin
Noes: None
Chairman Hobbs noted a similar resolution was previously received from the County Board and
consequently this Board should now consider the'possability of a bond election.
Commission Stanford then spoke at length on the school building problem pointing out the
of the School Advisory Committee and the recommendation of the School Board.
Commissioner Stanford moved that the Board of Commissioners call a bond election for
. _... .. ... .,... ...?.. _ .. ....?..l??... .. ,.. u at nl. ?t vll ull<3CV1 YnC 4V Lai
$1,500,000.00 in February of 1961. Commissioner McDade gave a second to this motion. There was
further discussion of this motion. Chairman Hobbs called for the vote. There were 5 ayes and 0 near.
Chairman Hobbs then declared the motion passed.
Mrs. Bonnie Davis and Sherman Shelton: Negro Farm and Home Agents, appeared to make a report
of their months work. They reported on special studies to be conducted by officials of the Farm
Extension Service on the effectivness of their work and hoer it could be improved. They requested
.W5.00 be allotted them to help defray the expense of this study.
Commissioner Walker moved that $125.00 be taken from the Emergency Fund far the purpose
of helping to defray the cost of the special study being made by the Farm Extension Service.
Commissioner McDade made a second to the motion. Chairman Hobbs called for a vote. There were 4
ayes and 1 are. Chairman Hobbs then declared the motion passed.
The special committee under the Chairmanship of Commissioner Jones, whose purpose it was to
study the fee schedule of the Sherriff's, Clerk of Court's and Register of Deeds, office, completed
its work by making it's report on the fees of the respective offices. The following fee bill
for each office are as follows:
11 Sherriff's Office
p Instrument and Present Suggested '..
Service Fee Orange Change
Execution $1.00 .$2.00 $2.00
Commission 2 $ 5Q'Q
of 1s t $500.00 5% of lot $500-OD '..
'
2.4 ever $500.00 21% over $500.00
Laying off Homestead $12.00 $3.00 officer $3.00 officer ''..
$6.00 or $18.00 3 can $6.00 or $18.00 3
total $21.00 men total $21.00 !.
Civil Summons $1.50 $2:00 first $1.50 other $2.00 first $1.50 qtr
M $3.50 $3.50 $3.50
Attactment Free. ",x,2.50 $3.50 $3.50
Ejectment Notice •,2.00 $2.00 ea ch $2.00 each '.
Subpoena
$ .75
$1.00 ,
01.00 !i
Warrant 82.50 $3.00 $3.00
Capies $3.50 $3.00 $3.00
Notice $1.50 $2.00 $2.00 !.
Tail Fee $1.00 $1.50 $1.50
Taking Bond $ .50 & $1.00 $ .50 & $1.00 !I
Order .,52.00 $2.00
Sci Fa $2.00 $2.00 $2.00 !..
Register of Deeds Office
Instrument and Present Recommended Change
Service Fee !.
Chattel Mortgages $ .75 1st page $1.00 let page
& Cont5acts add 250 for each additional page add 500 for each additional page
Deeds $1.50 1st page $2.00 minimum !.
$2.00 2nd page $2.00 2nd page
$2.75 3rd page add $1.00 for each additional page
$3.50 4th page
add 500 gar each additional page
Deeds of Trust $2.00 minimum (1st k 2nd page) $2.00 minimum (1st & 2nd page)
f,2.75 3rd page add ",1.00 for each additional page
$3.50 4th page
add 500 for each additional page
Plats $3.00 $3.00
Birth, Death &
Marriage certificates $ .50 .,01..00
Certified copies of Recording fee plus 500 $ .50 per page plus 500 for
instruments for certification certification
Affixing of Seal
of Office $ .50 $ SO
°arriage license &
Certificate $5.00 $5.00
Clerk of Court
The Clerk of the Superior Court and the Clark of the Recorder's Court of Orange County shall
harge no fees for the following:
a) Administering oath of office to any official and employee of the State of North Carolina, of
ranee County ar any territorial subdivision thereof, or any municipality within said county who is
squired by lavr to take such oath. i
b) Taking official bond and ackmowled&ments thereon, of any public official of Orange County or
iv territorial division thereof.
Ij
(e) Certificate and seal on any =varsity or college loan fund note.
(d) Certificate that fiduciary has filed final account.
(e) Proceeding to commit patient to veterans hospital or governmental asylum.
(£) Commitment to state hospital where mentally disordered person has no estate and family
finacially unable to pay.
(g) Taking acknowledgements on gasoline Tax refund form.
Acknowledgments, twenty-five cents (25¢)
Adoption proceeding, total clerks fee in and for the entire proceeding to be two dollars (52.00)
Affidavit: Administering oath and making jurat, twenty five cents (25¢)
Appeal to Supreme Court, including certificate and seal, three dollars (53.00)
Appeal from clerk to the judge, one dollar (51.00)
Appeal from justice of peace or I om any inferior court to the Superior Court, one dollar (51.00)
Appointment of fiduciaries:
Ir(a) Executor: Application, oath, docketing, indexing and issuing letters testamentary in
(duplicate, seven dollars and fifty cents (57.50)
'.(b) Administrators: Application, oath, taking bond and justification, docketing indexing and
'issuing letters in duplicate, seven dollars and fifty cents (47.50)
(c) Guardians, Collectors and Trustees: Application, oath, docketing taking bond and justification,
indexing and issuing letters in duplicate, seven dollars and fifty cents ($7.50)
Approval of bond, with or vri.thout seal, one dollar (51.00)
Attachment order, one dollar ($1.00)
Copies, each defendant, one dollar (}1.00)
Caveat to will, costs computed as in other civil actions.
Certificate, twenty five cents (250
Certificate of dissolution or domestication, recording and indexing one dollar (S>1.00)
Commission, including but not limited to commission to take deposition, with seal, one dollar (51 0)
Confession of jud.-ment, total clerk's fees in and for the entire proceeding to be three
dollars ($3.00)
Confirmation of approval of clerk's order of judgment by the judge, fifty cents (50¢)
Civial appeal from justice of the peace, one dollar ($1.00)
Donfirmation of sale, whether signed by judge or clerk, one dollar (x1..00)
Continuance: In civil cases, fifty cents (50¢); in criminal cases, thirty cents (30¢)
Com,/ing record or paper on file, fifty cents (50¢) per copy sheet.
The term "copy ,Beet" as used in this Act shall be construed to mean one hundred (100) words.
Copy of summons, twenty-five cents (25¢)
Certified copy of uncontested divorce judgment, one dollar ($1.00)..
Docketing indictment, one dollar ($1.00) -
Docketing judgment in civil or criminal cases, fifty cents (50¢)
Docketing summons, fifty cents (50¢)
Docketing warrant, fifty cents (50¢)
Docketing petition in Ex Parte proceedin;;, one dollar (41.00)
Execution against person and docketing the return, one dollar (41.00)
Execution a,ainat specific propezt,, and docketing the return, one dollar ($1.00)
Execution for possession of property and docketing the return, one dollar (51.00)
Fiduciary Accounts:
Audition and recording the final account of commissioners appointed to sell real estate, the
'ee shall be twenty-five cents (25¢) for each one hundred dollars or a fraction thereof the total
202
receipts and disbursements through one thousand dollars, and five cents (50) per each one hundred
dollars or fraction thereof on every thing above one thousand dollars, but in no event shall the fee
be less than one dollar (x1.00) nor more than thirty five dollars (05.00).
Auditing annual accounts or receivers, executors, guardian, administrators, administrators with
will annexed, collectors, trustees for incompetents, trustees under wills, guardians or surviving partn r,
the fee shall be fifty cents (50) per, one hundred dollars of receipts and disbursements through one -
thousand dollars, and thereafter ten cents (100) per one hundred dollars, but in no event shall, the
fee ben less than two dollars (.)2.00), provided that no fee may be allowed on allotment or doper or on
amounts distributed to heirs. For recording these accounts the fee shall be fifty cents (500) per cage
for all pages in excess of four (4). For the first four (4) cages there shall be no recording fee.
The maximum auditing fee shall be thirty five dollar's (j35.00).
Auditing final accounts of trusteesi mortgagees, or other persons or firms selling real estate
under foreclosure proceedings required to render such final accounts, the fee shall be twenty-five cents
(250) on each one hundred dollars of receipts and disbursements through one thousand dollars and ten
cents (100) on each one hundred dollars for everything above one thousand dollars, provided that the
minumum fee mall be one dollar and fifty cents (51.50), and the maximum fee shall not execced thirty
five dollars (335.00). For recording these accounts the fee shall be fifty cents (500) per page for all
pages in excess of four W. For the first four (4) pages there shall be no recording fee.
Filing and indexing bonds required of commercial college or business school and notice of
approval of State Board of Education, two dollars 0}8.00).
Filing and indexing fiduciary's inventory, one dollar and fifty cents (31.50)
Filing papers-, each civil action, criminal action or special proceeding,. twenty five cents (250)
Filing written or oral motions, fifty cents (50¢)
Final judgment in criminal cases, one dollar (,jI.G0)
Injunction: Taking bond or undertaking and justification, one dollar and fifty cents 01.50)
Inventory of lock boxes of decedents, five dollar ($5.00) for the first how or fractions thereof
and one dollar (41.00) for each additional hour or fraction thereof, maximum of five dollars (-i5.CO)
Issuing citiations, fifty cents (500)
Issuing transcript, printed form, one dollar (61.00)
Impaneling jury, twenty cents (200)
Adverse hearing before clerk in civil actions, five dollars (c5,00) for each hour or fractional
part thereof.
Jud,mat, signing of, in civil and criminal actions by clerk or judge, whether interlocutor,,,
or final, one dollar (31.00) each defendant.
Judgment, sinning of, in special proceeding by clerk or judge, whether interlocutory or final,
one dollar (61.00)
Judgment %i Si, twenty five cents (250)
Letters of appointment of fiduciary: Each certified copy with seal, seventy five cents (750)
Lis Pendens, docketing notice of, recordin=, indexinz and cancelling one dollar and fifty cents
(31.50) for the first page, plus fifty cents (500) for additional pane or fraction.
Lien, filing of, one dollar and fifty cents (41.50), recording of, fifty cents (500) per page
for all pages in excess of four (4).
Notary public, qualifying, indexing and notification to Governor, one dollar ("1.00)
Notice, whether signed by cleric or judge, fifty cents (500)
Notifying solicitor of removal of guardian, one dollar (21,00)
Order of arrest, each defendant, one dollar (11.00)
Order in claim and delivery, fifty cents (500)
Order' extending time for oleadigg in civil actions and special proceedings, fifty cents (500)
Order, not otherrise provided for, whether signed by judge or clerk, fifty cents (500)
Five percent commissions shall be allowed the clerk on all fines, penalties, amercements, and to
the clerk by virtue of his officeg and three percent on all sums of money not exceeding five honer
ars elaced in his hands by virtue of his o:fice, except on judgments, decrees, execution and deposi
r article three of chapter fifty-four; and neon the excess over five hundred dollars o` such sum,
percent.
Partnership or assumed named certificate, filing and indexing, one dollar (31.00)
Photographer's bond (or other bond of similar, nature), filing and indexing, two dollars ( 2.CO)
Postage, actual amount expended.
203
Preparing bill of cost, fifty cents (500)
Presentment, sixty cents (600) each defendant.
Probate o` any instrument (except will), twenty-five cents (250)
Probate of chattel mortgage and conditional sale agreement, twenty-five cents (250)
Probate of will where there is no Qualification, two dollars and fifty cents (92.50)
Recording of all records photographed, not elsewhere provided for in this bill, fifty cents
(500) per page.
A "page" for photographing is defined as n sheet not more than 8y % llw" in size.
Recognizance: Where no bond is taken, twenty five cents (250) for each person,
Recording corporation certificate, certificate of credit union or certificate of cooperative
association, three dollars (83,00), plus fifty cents (500) for each page or fraction thereof in
excess of four (4), certificate of Secretary of Mate to be considered a page.
Recording and indexing amendment to corporation certificate, certificate of credit union or
certificate of association, the same fee as that of the original or these certificates.
Recording or copying papers: Except as otherwise provided in this Act, forty cents (1:00) per
copy sheet.
Recording or copying papers: Except as otherwise provided in this Act, forty cents (h00) per
copy sheet.
Recording transcripts from justice of peace, one dollar (?.1.00
Renunciation of right to qualify as administrator, executor, or guardian, fifty cents (500)
Restoring maiden name after absolute divorce, one dollar (i1.CO)
Seal of office, twenty-five cents (250)
Stenographer, court rmere used only, the fee shall be five dollars per one half day
of fractional part thereof, a one-half day is defined as "that period or part of period before the noon
recess; that period after the noon recess and before the recess for the evening meal shall be
considered a second half aay and that period after' the recess for the evening rreal if the court is in
session and the stenographer used shall be considered a third half day",
11 Subpoena, fifteen cents (150) for each witness named therein
Substitution of trustee in deed of trust or trust indenture, one dollar (:1.00) and no
additional fee for probate shall be charged.
Summons, in civil action and special proceeding:, regardless of number of defendants, one
dollar (dLC'0
Every copy of same, twenty-five cents (250)
Taking bond and justification of surety thereon, one dollar (;1.00)
Warrant, issuing, one dollar (:31.00)
Will, recording of, fifty cents (500) per pace in excess of four (4)
Hill, widow's dissent to, one dollar ((11.00)
All fees not herein provided for shall be the same as provided in the North Carolina General
Chairman Hobbs directed that copies of each fee bill be given to the County Attorney for his
inspection and legal approval.
Ed Sykes, Chief Beouty Sherriff, appeared in the absence of the Sherriff to request the salary
of two deputies, Avery Maddry and C. id, Riley, be increased from $290.CO per month to '320.00 per
month. This would put them in the same category as the other deputies. The Board took this
request under advisement.
The Board directed the Accountant to pay the precinct election officials at the agreed rate of
on canvass day but to hold the bills of the Board of Election Official for approval by the Board
their next regular meeting date.
The Tax Sunervisor reported appeared to birt to be necessary to change the tax listing proceedure
next year in Chanel Hill Township so that the tax listers would set three and one half days (3z) days
a week in the Chapel Hill City Hall and two (2) days in the new Carrboro City Hall. This change is
necessary because of the fact the 0 ispel Hill City courtroom is only available three and one half (3'.)
days a week.
Burch Compton, A.B.C. Officer, appeared to request he be allowed travel pay of 855.00 to go with
accumulated vacation. Commissioner Jones moved the request be allowed. Commissioner Walker gave a
second to this motion. Chairman Hobbs called for a vote and there were is ayes and 0 noes. The motion
204
The Accountant then mentioned the subject of fleet insurance coverage for the county's
automobiles once the nary vehicles arrived. Commissioner Jones moved the Accountant secure this
coverage an a comprehensive basis in limits of 15, 30, 10.
Bids were received for gasoline to be suoulied the county for the year 1961. The only bidder
was Kenan 011 Company which bid 1/2 cent per gallon less than posted cosumer tankinajdr'price.
The present posted consumer tank major price is 19.35 cents per gallon not including State and Federal
Tax. This bid was submitted on Phillip's Flits Fuel gasoline with an octane rating of 98
Reports from the following Department Officials for the month of October, 1960, were received:
E. M. Lynch, Clerk of Court
Frank Frederick, Delinquent Tax Collection
Evelyn Raper, Assistant Home Demonstration Agent
Jane Parker, Supt. of Public Welfare
Ed Sykes, Chief Deputy Sherriff.
A letter from Mfrs. Theodore W. Crosses relative to the erection of street signs on Sherwood
Drive was read by Chairman Hobbs. The Board was not without sympath for Mrs. Crosses's and her
problem, however, it expressed the felling the erection of street siens along Sourwood Drive by
the County would give rise to a policy of sign construction along all secondary road and this
would be a very costly program that could not be undertaken by the county at the present time.
There being no further business the meeting adjourned.
R. J. M. Hobbs
Chairman
S. rd. Gattis
Acting Clark