November 4, 1957 - 11:00 AM - County Board of Commissioners Meeting Minutes

November 4, 19571 7Fit width166IMeeting of Board of Commissioners for the County of JohnstonNovember 4, 1957The Board of Commissioners of Johnston County met in regular session onNovember 4, 1957, at 1100 A M, in the Commissioners Room, with the followingmembers presentH M Johnson, Chairman, J D Bailey, Floyd C Price,Sr, R G Gurley andFrank B HoldingAbsent NoneThe following business was transacted1 After due advertisement according to statute, W H Britt, Auditor, presented,proposals of the Burroughs Company in the amount of 605400, less 5 county dis-count, and the National Cash Register Company in the amount of 592500 for abilling machine to be installed in the Auditors officeCommissioner J D Bailey moved that the low bid of the Burroughs Company inthe amount of 573130 be accepted and that W H Britt, Auditor, be authorized topurchase from the Burroughs Company the following equipment at the above statedprice•1 Burroughs typing Sensimatic tax billing and accounting machineSytle F 1506Commissioner Floyd C Price, Sr, seconded the motion, which was unanimouslyadopted2 The request of T L Upchurch, Tax Collector, to extend the partition of hisprivate office to the ceiling was referred to the Building and Grounds Committee3 J Noah Williams, acting as spokesman for a group that appeared before theBoard composed of members of the Home Demonstration Curb Market, Smithfield Chamberof Commerce, and the Johnston County Fair Association, proposed the erection of ametal building on the lands leased by the County and sub - leased to the JohnstonLivestock Mutual Association, which is located approximately one mile north ofSmithfield, just off of Highway # 301 Mr Williams estimated the cost would bearound 15,000 to be paid by the County and the Town in the form of increased rentsto the Home Demonstration Curb Market, who would use the buildingAfter a discussion, which was entered into by the Board and members present,Chairman H M Johnson appointed Commissioner J D Bailey to represent the Boardin working out a plan with the representatives of the Town Board of Commissionersof Smithfield and Selma, and with members of the Home Demonstration Curb Market4 Commissioner J D Bailey moved that W H Britt, Auditor, be authorized anddirected to proceed with the necessary painting at the Johnston County BoardingHomeCommissioner Frank B Holding seconded the motion, which was unanimously adopted;,5 After reviewing the lease agreement between the County of Johnston and MrsLouise McGregor, the following motion was adopted,61On a motion made by J D Bailey, seconded by Frank B Holding, it was movedthat Henry M Johnson, Chairman, be authorized and directed to execute the following Ilease agreement on behalf of the County of Johnston with Mrs Louise McGregorState of North Carolina,Johnston CountyTHIS LEASE AGREEMENT, Made and entered into the 1st day of November, 1957, b7and between the County of Johnston, a body politic and corporate, created by theGeneral Assembly of North Carolina, party of the first part, and Mrs Louise McGregorGof the County of Johnston and State of North Carolina, party of the second part,WITNESSETHThat subject to the terms and conditions hereinafter set forth, said party ofthe first part doth hereby let and lease unto the said party of the second part, andsaid party of the second part doth hereby accept as Leases of said party of thefirst part, all of the personal property described, itemized and listed in ScheduleA hereto attached, which is hereby incorporated in and made a part of this lease -agreement, and a certain parcel of land together with the buildings and otherimprovements thereon, lying and being in Smithfield Township, Johnston County, NorthCarolina, and more particularly described as follows167November 4,1957 ContBeginning at a stake on N C Highway # 50 eastern edgeof plantation cart way and runs thence in a northerlydirection to a point in line with the southern end of thefarm machinery shed located on the county home property;thence in an eastwardly direction about 69 feet to a pointin line of the western end of the chicken yard; thence ina northward direction along the line of the western endof the chicken yard to a point, southern end of pack barn;thence in an eastward direction about 20 feet; thence ina northerly direction to the pasture fence; thence in aneasterly direction a straight line to a point in the lineof Mrs Alonza Stephenson; thence as her line in a south-erly direction in N C Highway No 50; thence as high-way No 50 westward to the point of beginningTo have and to hold the said real estate and premises together with all privil-eges and appurtenances thereunto belonging to the said party of the second part forthe term and upon the conditions hereinafter set forth and to have the possessionof all of the personal property located on said real property enumerated in saidSchedule A hereto attached upon the terms hereinafter stated;TERMThis lease shall begin as of the 1st day of November 1957 and unless soonerterminated as herein provided, shall exist and continue until the 31st day ofOctober 1958RENTALAs rental for said premises said party of the second part shall pay to theparty of the first and without notice or demand therefor, the sum of 400 per month,per bed for maximum number of beds occupied, payable on or before the 10th day ofthe following monthLIGHTS, HEAT, BEATER, ETCDuring the term of this lease party of the second part shall provide and payfor all lights, heat, water and sewer charges upon said demised premisesREPAIRSParty of the second part agrees to accept said premises in their presentcondition, to make all necessary repairs during the term of this lease, except majorrepairs or repairs amounting to more than 5000 for each item and at the termin-ation thereof to surrender said premises to said party of the first part in as goodcondition as the same are now ordinary wear and tear exceptedIMPROVEMENTS BY TENANTParty of the second part may at any time during the term of this lease maketo the buildings on said demised premises such minor alterations and additions asmay be necessary for the proper use of said premises by the party of the second part,but it is agreed that all such alterations and additions which involve structuralchanges in any of the said buildings shall be approved by the party of the first partbefore they are made All such alterations and additions shall become a permanentpart of the real estate, and as such the property of the party of the first partThe party of the second part agrees to keep the personal property herein leased ingood repair and condition, ordinary wear and tear excepted, and it is, also agreedthat the party of the second part will replace from time to time articles of person-al property such as sheets, pillow cases, bedspreads, mattresses, and other linens,etc listed in Schedule A as the same become obsolete and worn out from usage orotherwise, by new articles of equal value and qualityIn the event of the termination of this lease by the act of the party of thefirst part before the end of term, as hereinafter provided, the party of the firstpart agrees to reimburse the party of the second part for the underpreciated valueof said alterations, additions and repairs, based upon the life or term of thelease; but if said lease is terminated by the party of the second part, for anycause said party of the second part shall be entitled to no reimbursement for alter-ations, additions, and repairsDAMAGE OR DESTRUCTION BY FIREIf during the term of this lease the buildings on the demised premises aredamaged by fire or other casualty in a minor degree, but not to the extent that itbecomes necessary for party of the second part to abandon the use of said premises,party of the first part shall repair such damages as quickly as is reasonablypossibleBut if said buildings be damaged to such an extent that it is necessary forparty of the second part to abandon the use thereof, then and in that event thislease shall terminate as of the date of such damageNovember 4, 1957 fontBANKRUPTCY OR INSOLVENCY OF TENANTit is expressly agreed that if at any time during the term of this lease partyof the second part shall be adjudged bankrupt or insolvent by any Federal or StateCourt of competent jurisdiction, such adjudication shall terminate and cancel thislease without any further action on the part of either party hereto, and partyof the first part may at once reenter and take possession of said premisesASSIGNMENT AND SUBLETTINGParty of the second part shall not assign this lease or sublet any part of thedemised property without the written consent of the party of the first part, and inthe event of the death of the partyof the second part before the expiration ofthis lease, it is agreed that this lease - agreement shall immediately become nulland void and terminateOPTION TO EXTENDProvided all installments of rental theretofore due have been paid and allother conditions of this lease have been properly complied with by her, the partyof the second part may at her option extend this lease for an additional term oftwo years, by giving to the party of the first part written notice of her intention `so to do not later than 60 days prior to the expiration of the lease; and in theevent of such extension all of the terms and conditions as herein set out shallcontinue in full force and effectFORFEITURE FOR NON - COMPLIANCEIt is expressly agreed that if any monthly installment or rent as hereincalled for remain overdue and unpaid for sixty days, party of the first part mayat its option at any time during such default declare this lease terminated andcancelled and take possession of said premisesThis lease constitutes the entire contract between the party of the firstpart and the party of the second part and none of the terms and conditions shallbe varied or modified unless such changes or modifications are reduced to writingand made a part of the lease However it is expressly understood and agreed betweenthe parties hereto that the failure of the party of the second part to comply fullyand completely with the licensing requirements of the State Board of Welfare ofNorth Carolina for adult boarding homes shall immediately and automatically termin-ate this leaseIN TESTIMONY WHEREOF, the County of Johnston has caused these presents to besigned in its name by the Chairman of its Board of Commissioners, and its CorporateSeal to be hereto affixed, and attested by the Clerk of the said Board, all by orderof a resultion of its Board of Commissioners duly passed and carried; and the saidparty of the second part has hereunto set her hand and seal, this the day and yearabove writtenAttestW G Massey SignedClerk, Board of CommissionersCOUNTY OF JOHNSTONBy Henry M Johnson SignedChairman, Board of CommissionersLouise McGregor SealParty of the Second Part6 Dr Martin Hines, head of the division of Veterinary Medicine for the StateBoard of Health, was introduced to the Board by Dr E S Grady, Health OfficerDr Hines requested that the dogs in the county be vaccinated every three yearswith chicken embryo vacine and gave a hypothetical case whereby the county couldsave approximately 283000 by so doing He said this program was in effect inthe majority of the counties in the state W H Britt, who was present when therequest was made, stated that in his opinion that the county would lose more thanit would gain by following this program by failure of the dog owners to list theirdogs for taxes After a short discussion, the matter was deferred for furtherinvestigation7• In compliance with the request of the Board, Mr C W Tarlton, County Agent,presented a memorandum of agreement whereby the Board of Commissioners, the NorthCarolina Agricultural Experiment Station and the North Carolina Extension Servicewould operate the Johnston County farm property as a forest demonstration farm MrTarlton stated that all of the farm land would be placed in the soil bank with theexception of about seven acres surrounding the barn, which would mean that 52 acreswould be utilized in planting trees and the county would receive 1000 per acre forten years, and would receive in addition 1200 per acre to defray the cost ofsetting out the trees Mr Tarlton also pointed out that some of the oaks in thewooded area would have to be destroyed by poisonNovember 4, 1957 ContIt was also brought to the attention of the Board that Mr R A Howell,Chairman of the Smithfield Kiwanis Agricultural Committee in response to a requestof the Board submitted a proposal for establishing a demonstration forest Follow -ing a discussion, the following motions were adoptedOn a motion made by J D Bailey, seconded by Floyd C Price, Sr, it wasmoved that the following program as submitted by C W Tarlton, County Agent, beadoptedMEMORANDUM OF AGREEMENTThe purpose of this memorandum is to establish a basis for cooperative actionby and between the Johnston County Board of Commissioners, the North CarolinaAgricultural Experiment Station and the North Carolina Agricultural ExtensionService in operating the Johnston County Home Farm property as a demonstrationforestThis program is being established to promote an appreciation of forestryopportunites and understanding of timber production methods on the part ofJohnston County forest owners, farm owners and youth groupsTo these ends, the three parties listed above agree to the following1 The Johnston County Board of Commissioners willA Make the entire area of the County Home Farm property availablefor establishing forest practice demonstrations with the follow -ing exceptions1 The County Home and other buildings covering approximately sevenacres of land2 The forest committee will desire to use one outbuilding to housetree planter and other minor equipment that will be used inconnection with the tree farmB Provide funds or facilities as needed for operating the propertyExamples of some items in this category are cost of plantingstock, tractor hire, supervision and labor for tree planting,timber stand improvement and harvesting operations, boundaryestablishment surveys, legal assistance in drawing sales con -tracts, bid invitations, and the likeC Receive, or designate the County Treasurer to receive, incomefrom the sale of any and all standing timber or forest productsharvested from the propertyD Designate one representative to serve on a County DemonstrationForest Program CommitteeE Designate an additional representative from Johnston County toserve as an ex officio member This representative will assistin all planning, but should give special interest to communityand recreational useF Serve as final authority for approving or disapproving programplans and activitiesII The North Carolina Agricultural Experiment Station willA Designate one representative to serve on a County DemonstrationForest Program CommitteeB Establish and maintain such records as the Program Committeedeems necessary and desirableC Collect and analyze data needed to evaluate resultsiD Prepare or assist in preparing and publicizing annual and otherprogress reportsE Provide signs and other demonstration area markers needed foridentification and publicity purposes?iIIIThe North Carolina Agricultural Extension Service willA Designate one representative to serve on the County DemonstrationForest Program CommitteeB Designate an additional representative from the Extension ForestryDepartment to serve as an ex officio member without voting privi-leges on the County Demonstration Forest Program Committee170DateNovember 4, 1957 ContC Publicize or assist in publicizing activities and resultsPrepare or assist in preparing movie films, slides, photos,circulars to pass on results of this programD Promote the use of the area for educational purposes by allgroups and individuals concernedIV Planning and evaluation of this project shall rest with a CountyDemonstration Forest Program Committee Membership shall consistof one representative of each of the three parties to this agreement,who shall have one vote each A fourth non- voting representativefrom Johnston County and a fifth non- voting representative fromthe Extension Fbrestry Department, N C State College, will eompletethe committeeMeetings shall be held at least one a year and more often if neededThree members will constitute a quorum Officers shall consist ofa chairman and secretary who shall perform duties customarilyrequired of such officersThis committee shall serve in an advisory capacity to the JohnstonCounty Board of Commissioners The committee will formulate plansfor operation of this program, evaluate results and prepare andpresent recommendations and progress reports to the BoardAt the end of each fiscal year, this committee will prepare areport covering the years activities and a suggested operatingplan for the following year in writing Both of these will bepresented to the Board in writing, and copies will be madeavailable to each of the committee members and participatingagenciesV This agreement shall continue in effect until any one of thethree parties hereto decides and notifies the other one or twoin writing that it should be revised or discontinuedChairmanJohnston County Commissioners, DirectorNorth Carolina AgriculturalExperiment StationDirectorNorth Carolina AgricultularlExtension Service8 On a motion made by Frank B Holding, seconded by R G Gurley, it was movedthat J N Creech, Treasurer, be appointed as Agent of the County to receive pay-ments from the Johnston County ASC Office and any income derived from the sale ofany and all standing timber or forest products harvested on the property and alsoto sign any necessary agreements on behalf of the county with the Johnston CountyASC office9 On a motion made by R G Gurley, seconded by J D Bailey, it was moved thatCommissioner Frank B Holding be designated to represent the Board of CountyCommissioners on the County Demonstration Forest Program Committee10 On a motion made by R G Gurley, seconded by J DBailey, it was moved thatR A Howell be designated as an additional representative to serve as an ex officio,member as outlined in the memorandum of agreement11 The request of L P Creech for improvement of the floors in his office in theThornton Building was referred to the Building and Grounds Committee12 W R Britt, Attorney, requested that Mrs Louise Grimmer, Secretary of theLocal Red Cross Chapter, be allowed the use of the Grand Jury room during the after-noons as the local chapter was unable to pay rent in the Thornton BuildingCommissioner Frank B Holding moved that Mrs Louise Grimmer be granted theuse of the Grand Jury Room provided that her occupancy of the room did not inter-fere with the meetings of the Grand Jury Commissioner Floyd CPrice, Sr secondedthe motion, which was unanimously adopted13 After a further investigation of the request of E C Jones, Justice of thePeace, Smithfield, North Carolina, to participate in the Social Security Programbeginning as of January 1, 1955, J Narvin Creech, Treasurer, reported that therepresentative of the Social Security Agency had confirmed the ruling of theAttorney General that Justices of the Peace were covered by the Social SecurityActCommissioner J D Bailey moved that the Justices of the Peace in the county#71November 4, 1957 Contbe covered by the provisions of the Social Security ,Agreement executed by theBoard of County Commissioners of Johnston County and the Secretary of the Boardof Trustees of the Teachers and State Employees Retirement System on December3, 1951Commissioner Frank B Holding seconded the motion and it was unanimouslyadopted14 On a motion made by R G Gurley, seconded by J D Bailey, it was moved thatMarvin Crocker, Route # 3, Selma, North Carolina, be granted a peddlers licensefor a period of one year on account of physical disability Motion adopted15 Commissioner R G Gurley moved that the expenses of Mrs Lulu Atkinson Jolliff,Superintendent Welfare Department and members of her staff be paid to attend thePublic Welfare Institute in Raleigh and to attend the Social Service Conference inthe spring, and that said expenses be paid from the travel allowance fund of theWelfare DepartmentCommissioner Frank B Holding seconded the motion, and it was unanimouslyadopted16 Ordered that a peddlers license be granted L B Bass, Princeton, NorthCarolina, for a period of one year from date on account of physical disability17 On a motion made and seconded, it was moved that the State Highway Commissionbe requested to investigate the road of Mrs Georgia Lee, Route # 2, Benson, N C,Banner Township, requesting the following addition to the Johnston County RoadSystemBeginning at the Bentonville and Benson highway and runs thence to theRaleigh and Wilmington highway, known as the Troy Lee road, and beinga distance of 12 miles in lengthPetition forwarded to the State Highway Commission for investigation18 On a motion made by R G Gurley, seconded by Frank B Holding, it was movedthat the State Highway Commission be requested to hard - surface that certain roadin Micro Township, described as followsRoad runs from Rains Cross Road paved road and runs thence northeast toCarl Bagley, Faucett Road, thence from Parrish Memorial road to Carl Bagleyroad, known as the Parrish Memorial Church road, and being a distance of1, miles in lengthPetition, letter and map enclosed with this order For reference seeRudolph E Oliver, Pine Level, NC19 On a motion made by R G Gurley, seconded by Frank B Holding, it was movedthat the State Highway Commission be requested to hard - surface that certain roadin Micro and Oneals Townships, described as followsBeginning at Highway # 39 and runs thence east to hard - surfaced road,known as the Hatcher Road, and being known as the Jones road, beinga distance of 18 miles in lengthPetition and sketch enclosed with this order For reference see Henry Cross,Route # 2, Selma, N C20 On a motion made by Floyd C Price, Sr, seconded by R G Gurley, it wasmoved that the State Highway Commission be requested to hard- surface that certainroad in Pine Level Township, described as followsBeginning at Edna Wiggs corner and runs thence to George Holloman line,known as the Oliver and Hinnant road, and being a distance of 21 milesin lengthPetition and map enclosed with this order For reference see Douglas Hinnant,Route # 2, Selma, N C21 On a motion made by R G Gurley, seconded by Floyd C Price, Sr, it was movedthat the State Highway Commission be requested to hard- surface that certain roadin Smithfield Township, described as followsBeginning at Jones Service Station on the Smithfield - Cleveland Highwayand runs thence to the Albert Casey farm on the road from Highway # 70to Highway # 210, and being a distance of 13 miles in lengthPetition, map and sketch enclosed with this order For reference see JEdward Johnson, Route # 1, Smithfield, N C172November 4, 1957 Cont22 On a motion made by Floyd C Price, Sr, seconded by Frank B Holding, it wasmoved that the State Highway Commission be requested to hard - surface that certainroad in Bentonville Township, described as followsBeginning at the E J Wellons farm on Devils Race Track Road, aid runsthence to the fazm of Mrs Willis Rose, and being a distance of 49miles in lengthPetition and map enclosed with this order For reference see J L Hines,Route # 1, Four Oaks, N C23 On a motion made by Frank B Holding, seconded by R G Gurley, it was movedthat the State Highway Commission be requested to hard - surface that certain roadin Clayton Township, described as followsBeginning at Highway # 42 at W D Aiken farm and runs thence to WinstonStore, and being a distance of 1 mile in lengthPetition and map enclosed with this order For reference see Mrs J AForrest, 202 Ellington Street, Clayton, N C24 The following reports were filed with the BoardT L Upchurch Tax CollectorRubert Barbour Dog WardenMrs Willye Wright Assistant LibrarianJohn W Mayo Electrical InspectorSarah in Butts Home Demonstration AgentJohnston Memorial HospitalW G Maxwell Assistant County AgentTobacco Demonstration WorkThere being no further business, the meeting was recessed, subject tocall9 9irmanj fCIer i -