April 1, 1957 - County Board of Commissioner's Meeting Minutes

April 1, 19571 5Fit widthwMeeting of Board of Commissioners for the County of JohnstonIIfApril 1, 1957The Board of County Commissioners of Johnston County met in- regular sessionand as a Board of Equalization and Review in the County Commissioners Room, onApril 1, 1957, with the following members present;R P Holding, Chairman, J D Bailey, H M Johnson, Floyd C Price, Sr,and R G GurleyAbsent; NoneBOARD OF COUNTY COMMISSIONERSThe following business was transacted1 The request of J D Pegram, Superintendent Welfare Department, for additionalfunds for Boarding Home Care in the amount of 65504 was referred to W H Britt,Auditor2 A group of tobacconists consisting of A L Hobgood Jr, J B Wooten, L HWallace, J M Osborne, Ned Cunningham, Jr, John W Wells, and W D V111kinsonreiterated their request for the Boards approval for a tax exemption of one yearon tobacco in storageBill Joe Austin, of Smithfield, was present and spoke for the cotton buyersand warehousemen stating that their position was the same as the tobacco industrySenator Adam Whitley Jr and Representatives Roy C Coates and Blake Thomaswere presentFollowing the discussion participated in by all present, the followingresolution was adoptedIn view of the exemptions now in effect in the several adjoining countieswith respect to agricultural commodities, this Board hereby goes on record asfavoring the exemption of advalorem taxes for a period of one year on agriculturalproducts grown, processed or stored in Johnston County3 Applications of Howard Denton, R #l, Zebulon, and Carlton Hinnant, R #1,Wendell, for Constable of Wilders Township, with letters and endorsements attachedto each application, were filed with the Board Action was deferred on theappointment4 After hearing a report from M J Oliver, R #2, Smithfield, N C, represent-ing the Brogden Rural Fire District, the following motion was adoptedOn a motion made by R G Gurley, seconded by H M Johnson, it was movedthat the following resolution be adoptedResolution Designating the Boundaries of the Brogden Rural Fire DistrictAt the regular meeting of the Board of County Commissioners of JohnstonCounty convened and held on Monday, April 1, 1957, the matter of fixing anddeclaring the boundaries of the Brogden Rural Fire District was duly presentedto the Board; and it appearing to the Board that the Brogden Volunteer FireDepartment has complied with the provisions of resolution providing for `the _estab-lishment of fire districts in Johnston County which was duly adopted by the Boardof County Commissioners on October 3, 1955E has met the minimum requirements forpersonnel and equipment required by said resolution and is receiving financialassistance from the county, and the Brogden Rural Fire District area having beenfixed and established by metes and bounds and duly submitted to the County Boardof Commissioners for approval, it was thereupon, upon motion of CommissionerR G Gurley, seconded by H M Johnson,resolved that the Boundaries of the BrogdenRural Fire District area to be served by the Brogden Volunteer Fire Department beofficially designated and fixed as followsBeginning at a point on the Brogden Road, East approximatelythree miles from Brogden School at the intersection of the Doc WoodardRoad, thence leaving the Brogden Road in a northerly direction to theintersection of Princeton Road and Howell Road; thence 650 yardsN E on Princeton Road to a branch; thence west to a point on HowellRoad 5 mile north of intersection of the Howell and Princeton Roads,thence westerly along Howell Road to Paul Edwardst fish pond branchon Braswell Road, thence in a northwesterly direction to Massey Branchon Stevens Chapel Road, thence in a southwesterly direction to theintersection of Loop Road and Creechts Mill Road, thence in a south-westerly direction to the intersection of Daughtry Road with theBrogden Road, thence southeast on the Brogden Road, covering a distanceof 5 mile on the south side of Brogden Road to the intersection ofLoop Road, thence in a southeasterly direction on Loop Road, still111April 1, 1957 Contcovering a 5 mile on the south side of Loop Road to theintersection of an unpaved road through Roger A SmithFarm to old Elm Grove Farb, thence in an easterly directionto the point of beginning5 Jiggs Broadwell, Civil Defense Director, gave a verbal report of the activitiesof the Civil Defense program6 Upon the recommendation of J L George, County Attorney, the following motionwas adoptedOn a motion made by H M Johnson, seconded by Floyd CPrice, ;Sr, it was movedthat R P Holding, Chairman, be authorized and directed to sign for and on behalfof the County of Johnston the following lease agreement between the County and theJohnston Livestock MutualNorth CarolinaJohnston CountyThis lease made this 30 day of March, 1957, by and between the County ofJohnston, a body politic party, party of the first part and the Johnston LivestockMutual, a corporation, party of the second partWITNESSETHThat the party of the first part, in consideration of the rents, covenantsand agreements hereinafter mentioned tobe kept and performed by the party of thesecond part, does hereby lease and rent unto the party of the second part, itssuccessors and assigns, for a period of ten years, commencing on the 25th dayof February, 1957, that certain property in Smithfield Township, Johnston County,and more fully described as followsA lot of land located between Selma and Smithfield just South of U S Highway# 301, and beginning at a point on the eastern side of a street, said street runningfrom U S Highway # 301 in a southerly direction into the American Legion property,said point being the southwestern corner of the property of Shelton Lewis, formerlyEddie Batchelor, and runs thence in a southerly direction and along the eastern sideof the present street, which street is an extension of the aforementioned streetthrough the American Legion property, two hundred and fifty feet to a stake; thencein a easterly direction parallel with the southern line of Shelton Lewis property,formerly Eddie Batchelor property to the eastern boundary line of the AmericanLegion property; thence in a northerly direction along the eastern boundary lineof the American Legion property approximately 250 feet to the northern boundary lineof the American Legion property just south of the Circle Court; thence in a westerlydirection and along the boundary line of the American Legion property and the lineof Shelton Lewis about 415 feet to the point of beginningAlso the right of ingress, egress and regress over and upon the road -way orstreet which runs from U S Highway #f 301 in a southerly direction into theAmerican Legion property and the extension of said street through the American Legionproperty in a southerly direction towards the Atlantic Coastline RailroadTo have and to hold the above described premises, together with the privilegeand appurtenances thereunto belonging unto the party of the second part for theperiod hereinabove mentioned, upon the following terms and conditions;1 The rent for said ten year period shall be ten dollars, payable inadvance2 The lessee shall have the privilege of constructing on said land in additionto the livestock arena or building erected thereon by the lessor, any other buildingsit desires to erect for the promotion and sale of live stock and any other agricul-tural products,provided that all construction, alterations or additions shall bemade at the lessees own cost and expense and without obligation or liability tothe lessor3 The lessee will keep all buildings and gounrds in a reasonable state ofrepair and will keep all buildings fully covered by insurance at no expense orobligation on the part of the lessor4 This lease is made upon the condition that if the lessee shall neglect tokeep said buildings and premises in a reasonable state of repair or if the lesseeshall cease to use said buildings and premises as a livestock arena or market or forthe promotion and sale of livestock and other agricultural products, then saidlease shall terminate and said property shall revert to the lessor5• The lessee shall not have the right to sublet the devised premises6 The lessee agrees to accept said premises in their present condition; tomake all necessary repairs during the term of this lease and at the terminationthereof to surrender said premises to the lessor in as good condition as the samenow are, ordinary wear and tear excepted112April 1, 1957 Contr,7 Provided the ten dollars rental provided for in paragraph one above has beenpaid and all other conditions of this lease have been properly complied with byit, lessee may at its option extend this lease for an additional term of ten years,by giving to lessors written notice of itsintention so to do not later than sixtydays prior to the termination of the lease; and in the event of such extension,all of the terms and conditions herein set out shall continue in full force andeffectIn testimony whereof, said parties have executed this contract in duplicateoriginals, one of which is retained by each of the partiesThe Board of Commissioners for theCounty of JohnstonBY R PHolding, ChairmanAttestW G Massey, SecretaryJohnston Livestock MutualBy Jesse Noah WilliamsAttest PresidentC Harold Creech, SecretaryState of North Carolina, Johnston CountyI, H V Rose, Clerk of Superior Court of Johnston County, hereby certifythat W G Massey personally appeated before me this day and being by me dulysworn says that he knows the common seal of the County of Johnston and is acquaint -ed with R PHolding, who is Chairman of the Board of Commissioners of said County,and that he, the said W G Massey, is the Secretary of said Board and saw thesaid Chairman sign the foregoing instrument, and that he, said Secretary affixedsaid seal to said instrument and signed his name in attestion of the executionof said instrument in the presence of said Chairman of said BoardLet the instrument, with this certificate be registeredWitness my hand this the 8th day of April, 1957H V Rose,Clerk of Superior CourtState of North Carolina, Johnston CountyI, H V Rose, Clerk of Superior Court of Johnston County, hereby certifythat C Harold Creech personally appeared before me this day and being by me dulysworn says that he knows the common seal of the Johnston Livestock Mutual and isacquainted with Jesse Norah Williams who is President of Johnston Livestock Mutualand that he, C Harold Creech, is the Secretary of said Johnston Livestock Mutualand saw the President sign the foregoing instrument, and that he, said Secretary,affixed said seal to said instrument and signed his name in attestation ofthe execution of said instrument in the presence of said President of saidJohnston Livestock MutualLet the instrument with the certificate be registeredWitness my hand this8th day of April, 1957H V RoseSlerk of Superior Court5 On a motion made by H M Johnson, seconded by Floyd C Price, Sr, it wasmoved that the following plan as stated by Jesse Noah Williams, President JohnstonLivestock Mutual be approvedJohnston County Board of CommissionersSmithfield, North CarolinaGentlemenPursuant to our conservations relative to the management and operation of thelivestock arena or market which is now or will hereafter be built upon the landsleased by the County from the Pou Parrish Post of the American Legion and in turnleased by Johnston County to the Johnston Livestock Mutual, we hereby agree toappoint a committee of five members for the operation and management of the live-stock arena or market, consisting of one member from the Pau Parrish Post of theAmerican Legion, two from the Johnston County Farm Agents Office,one from the113April 1, 1957 _ContJohnston Livestock Mutual and one from the public at largeThe Committee is to be appointed each year by the Johnston Livestock Mutualfor a term of one year and will be approved each year by the Johnston County Boardof CommissionersI IYours very truly,Johnston Livestock Mutual IncBy J Noah Williams, President6 Upon the recommendation of the Johnston Livestock Mutual, the following motionwas adoptedOn a motion made by Floyd C price, Jr, seconded by J D Bailey, it was movedthat the following committee to supervise, operate and manage the livestock arenabe approvedH M Johnson, representing Johnston Livestock MutualW M Gaskin, representing Pou- Parrish Post American LegionC W Tarlton County AgentLeroy Johnson County AgentJack Edwards Public at Large7• J Narvin Creech, Treasurer, acquainted the Board with the status of certainofficials Justice of the peace, etc relating to thereligibility for SocialSecurity He was advised to investigate the matter further and have all availableinformation when the budget is considered8 Upon the recommendation of Sheriff B A Henry, the following mt ion wasadoptedOn a motion made by Floyd C Price, Sr, seconded by R G Gurley, it was movedthat the members of the General Assembly be requested to pass appropriate legis-lation repealing act of the 1931 Session of the General Assembly and subsequentamendments to the act relating to fixing the salaries and expenses of theSheriffs Office of Johnston CountyAfter due investigation by J L George, County Attorney, and upon hisrecommendation, the following motion was adoptedOn a motion made by H M Johnson, seconded by Floyd C Price, Sr, it wasmoved that 30000 be transferred from the contingent fund to the account ofAttorneys Fees in pauper cases, in order to supplement that account, in order forthe Auditor to pay the attorneys in the case of State Vs Dell Adams in theamount of 50000 as ordered by the Judge of the Superior Court9 On a motion made by H M Johnson, seconded by J D Bailey, it was movedthat 1500 be appropriated from the contingent fund, and transferred to theClerical fund of J Narvin Creech, Treasurer, for the purpose of paying Mrs E SWellons, Four Oaks, for Clerical services performed In the Treasurers Office dueto illness of the Treasurer and his regular employee10 In view of the fact that Florence Thaggard failed to comply in full with anorder of the Board dated June 4, 1945, the following motion was adoptedOn a motion made by H M Johnson, seconded by JD Bailey, it was moved thatthe order of the Board, dated June 4, 1945, conveying to Florence Thaggard one lot,Ingrams Township, upon the payment of 11316, be rescinded,-,11 Upon the recommendation of Rhetta Martin, Tax Attorney, the following motionwas adoptedOn a motion made by HMJohnson, seconded by J D Bailey,it was moved thata quit -claim deed be made to Ezekiel Thaggard for his natural life, with remainderto Roy L Thrower upon the payment of 019975, representing taxes in full from 1932through 1956, conveying one lot, Ingrams Township, foreclosed in the name of FlorenceThaggard, F R # 5, page 2312 The following road petitions requesting addition to the Johnston County RoadSystem were filedOneals Township Onnie Narron R #1 MiddlesexBeginning at the farm of Ivey Narron on county maintained road and runsthence to the farm of Jim Renfrew on County maintained road, being partof the Dennis Simmons Railroad path, and being a distance of 5 milesI114April 1, 1957 [ContBanner Township Z R Langdon BensonBeginning at Jack McLamb +s corner and runs thence to Z RLangdon corner, being a distance of 1 mile13 On a motion made and seconded, it was ordered that the State Highway andPublic 4orks Commission be requested to hard - surface that certain road in ClaytonTownship, described as followsBeginning on Buckhorn Road approximately one mile South of Steer In Grill,Clayton, thence southwest terminating at Clem Bryan place at intersection ofCleveland - Clayton Road, known as the old Clayton Road, and being a distance of32 milesPetition and map enclosed with this order For reference see John C Carroll,Route # 1, Clayton, N C14 C n a motion made and seconded, it was ordered that the State Highway andPublic 4orks Commission be requested to hard - surface that certain road in WildersTownship, described as followsBeginning at Mrs Ida Johnsons house and runs thence to W D Edwards douse,known as the Archers Lodge and Corinth Road, and being a distance of 12 milespetition and map enclosed with this order For reference see W D Edwards,Route # 1, dendell, N C15• The following reports were filed with the BoardJ D PegramSuperintendent Welfare DepartmentC W TarltonCounty AgentLeroy JohnsonNegro County AgentSarah Ann ButtsHome Demonstration AgentL P CreechVeterans Service OfficerD RCliftonJailerJohn W MayoElectrical InspectorEvelyn BishopCounty LibrarianHubert BarbourDog Wardenlb H M Johnson was appointed Supervisor of the Johnston County Boarding Home,and to represent the Board at the meetings of the Board of Trustees of the JohnstonCounty Library for the months of April, May, and JuneThere being no further business, the meeting recessed to meet April 8,1957 at 1100 A M ?6ChairmanBOARD - CFEaUALIZATION AND REVIEWUpon the recommendation of W H Britt, Tax Supervisor, the following motionwas adoptedOn a motion made by 11 M Johnson, seconded by R G Gurley, it was moved thatU B Bagwell be released of a valuation of 4100000 on house and lot in ClaytonTownship for the year 1957 and that he be refunded 1840, representing a refundon 100000 valuation for 1956 as it appears that this property was double listedUpon the recommendation of J D Bailey,it was ordered that Bertha F andrirthur Hill be released of a valuation of 30000 for 1957 on one house, locatedon 8 34 acres in Oneals TownshipThe petition of L L Levinson, attorney for the J W Sanders Estate, wasreferred to H I Johnson for investigationThe petition of L T Ricks was referred to Floyd C Price, Sr and R GGurley for investigationThere being no further business, the meeting recessed to meeton April 8, 1957,at 1100 A MQA