August 4, 1958 - County Board of Commissioners Meeting Minutes

August 4, 19581 4Fit width-220Meeting of Board of Commissioners for the County of JohnstonAugust 4, 1958The Board of County Commissioners of Johnston County met in regular sessionon August 4, 1958, in the Commissioners Room, with the following members presentH M Johnson, Chairman, J D Bailey, Floyd C Price, Sr, R G Gurley,and Frank B HoldingAbsent NoneThe following business was transacted1 Wiley Narron, Smithfield Attorney, spoke briefly on behalf of himself as acitizen and in sympathy with the county employees requesting a five day weekschedule He cited that adjoining counties and the Federal government were obser-ving this schedule and that in his opinion that it would not work a hardship onthe people of the county He was advised his request would be given consideration2 W G Massey, Clerk, presented to the Board the following letter of TalmadgeNarron, AttorneyTo Whom It May ConcernFor approximately one year now all offices in the Wilson County courthouse areclosing on Saturdays The work week for most of the offices in the courthouse havebeen generally from 9 oclock Monday morning to 5 p m each day of the week throughFriday afternoon Following the closing of county offices on Saturday, the govern -ment offices for the City of Wilson also followed the same work week The attorneysin Wilson also close on SaturdayWe have found that this arrangement has proven satisfactory to everyone con-cerned and no one suffered inconvenience after it was properly advertised and allcounty citizens learned the work scheduleWe have not heard any criticism of any of the officials who took the actionnecessary for this schedule It has been observed that the long weekends reducefatigue and increase the efficiency of all workers and persons concerned Wewould recommend this schedule to any county considering this planFinch and NarronBy Talmadge L Narron3 Leroy Johnson, of Smithfield, applied for relief from a drainage problem whichexists by virtue of water coming from Belmont and the underpass by a ditch, whichgoes through his property, and cleaned out at intervals by the Highway Commission,he stated that this ditch had increased since he bought the property from a widthof 4 feet to 20 feet In answer to his appeal, W G Massey, Clerk, was requestedto write R W Dawson, District Engineer, State Highway Commission, to investigatethis complaint at his earliest convenienceL P Creech, Veterans Service Officer, stated that he had contacted Mrs Hugh4 cGowan, of Smithfield, about renting the office space now occupied by Hooks andBritt and it seemed possible for him to secure this space at ground level for 4750per month and stay within his budget, provided the county would furnish janatorialserviceCommissioner R G Gurley moved that L P Creech, Veterans Service Officer,be authorized to rent the office space now occupied by Hooks and Britt at erentalof 4750 per month, and that janitor service be furnished by the court housejanitor5 W G Massey, Clerk, was requested to contact E P Koonce or R W Dawson todetermine when the Ed Johnson road in Wilders Township-would be hard- surfaced6 Lulu A Jolliff, Superintendent Welfare Department, presented a complaint ofMrs Louise McGregor, lessee of the Johnston County Boarding Home relative to theClass B rating given the home by Mr A L Hatcher, Sanitary Inspector MrsJolliff stated that Mrs McGregor asked that the main building be painted outside,the painting of Building No 2 outside and inside, the kitchen be painted and thata drainage problem be correctedCommissioner Frank B Holding moved that Commissioner Henry M Johnson andAuditor W H Britt be authorized and directed to make the necessary improvements,which, in their judgment, was warrantedCommissioner J D Bailey seconded the motion, which was unanimously adoptedAugust 4, 1958 Cont7 Lulu A Jolliff, Superintendent Welfare Department, was advised that the needfor more space in her department would be given consideration8 The following recommendations of the Johnston County Welfare Board werepresented;Recommendations of Johnston County Welfare Board to CountyCommissionersI1 The Welfare Board of Johnston County recommends that any worker employedby the Johnston County Welfare Department be paid full salary and travelwhen out of the office for in- service training2 Any controversial bills or pay roll should be discussed with Superintendentof Public Welfare before discussing these issues with any other countyofficialA motion was made by Mrs Frances G Wilson that the above recommendationsbe presented to the Board of Commissioners on August 4th This was second-ed by Mr D C PooleR G GurleyChairman of the Board9 After a discussion of the foregoing recommendations, Commissioner J D Baileymoved that Item 2 viz Any controversial bills or pay roll should be-discussedwith Superintendent of Public Welfare before discussing these issues with any othercounty officials be adoptedFloyd C Price, Sr seconded the motion, which was unanimously adopted10 Lulu A Jolliff, Superintendent Welfare Department, informed the Board of thedifficulties she was experiencing in securing a Child Welfare Worker at a salaryof 532000 per month to replace Pollyanna Langston, whose resignation takes placeon August 16, 1958 She stated that she had contacted three prospects from othercounties, who she thought would make a change at a salary of 34000 per monthCommissioner J D Bailey moved that an amount sufficient to employ a ChildWelfare Worker from the present rate of 32000 to 34000 per month be appropriatedfrom the Welfare Contingent Fund or Salar Fund for the purpose of employing a ChildWelfare Worker at a salary not to exceed 34000 per monthCommissioner Frank B Holding seconded the motion, which was unanimouslyadopted11 After an explanation by H M Johnson, Chairman,of his part in the authoriz-ation to J Narvin Creech, Treasurer, for the payment of salary and travel allowanceof Pollyanna Langston on vacation leave and Linda Lee Jones in service- training,the following motion was adoptedOn a motion made by Frank B Holding, seconded by J D Bailey, it was movedthat the salary and travel allowance payment to Pollyanna Langston and the salarypayment to Linda Lee Jones approved; and further that J Narvin Creech, Treasurer,be directed to pay to Linda Lee Jones the sum of 9666, representing travel allow-ance accumulated while on job and in service - training12 In response to a letter from Robert C Browning, Consulting Engineer, askingwhat action the Board intended making as to air- conditioning the court room, W GMassey, Clerk, was directed to notify Mr Browning that the matter for the presentwould be held in abeyance13 In response to a request of the Board at their meeting on July 7, 1958, J LGeorge, County Attorney, submitted the following opinion of the Attorney GeneralSubject; Counties; Counties andCounty Commissioners; CountyOffice Building; Bond Election;ASC Office SpaceHonorable Jerry GeorgeCounty Attorney for Johnston CountyGaskin BuildingSmithfield, North CarolinaDear Mr George; JIn a conference yesterday morning with you and Mr W HBritt, County Account-ant, you raised several questions in connection with the proposed construction of acounty office building, and asked me to summarize in writing the conclusions wereached after talking with Mr W E Easterling of the Local Government Commission1 31August 4,-1958 ContAlthough a court house or a court house addition expenditures are necessaryexpenses within the meaning of the Constitution, there is considerable doubt asto whether an ordinary office building would be a necessary expense Inasmuch asan election approving a bond issue would therefore be necessary to raise funds toconstruct the office building, it is necessary to have adequate enabling legislationwhich does not presently exist as to Johnston County Therefore, it will benecessary to have a special act passed in the 1959 General AssemblyIt was further concluded that it would not be wise to hold an election thisNovember and attempt to have the election validated by the 1959 General Assemblybecause of the constitutional requirement that such a bond issue be approved by avote of the people -which means that a valid election must be held If the electionwas not lawful at the time held, it is doubtful that a retroactive act of the Gen -eral Assembly could cure the constitutional defectYou also requested an opinion as to whether such proposed office building couldproperly be built to provide space to house the local office of the AgriculturalStabilization CommitteeAlthough the Agricultural Stabilization Committee performs duties of Inesti-mable value to the citizens of the county, the fact remains that it is a federalagency and, therefore, the county would not have authority to levy taxes, or to usetax funds, or to us nontax funds to enlarge or construct buildings so as to provideoffice space for the CommitteeOf course, if there was a genuine need for proper county purposes to expandexisting county buildings to provide additional office space for proper countyfunctions, and the county office building was enlarged for this bona fide purpose,and it developed that all of the addition was not immediately needed for countypurposes, then, under such circumstances, it would not be improper to permit theASC to occupy such unneeded space temporarily until such time as the county didneed it However, if there is no genuine bona fide need for enlargement of theoffice building for county purposes, then it would be improper to use such a devicefor the sole purpose of attempting indirectly to do what could not lawfully bedone directlySincerely yoursMalcolm B SeawellAttorney GeneralHarry d McGalliardAssistant Attorney General14 Following a discussion of the foregoing opinion, J L George, County Attorney,was instructed to secure from the General Assembly an enabling act for the erectionof an Agricultural Building, and further that he clarify with the Attorney Generalthe will of Virginia Williamson as it relates to Johnston County15 In response to a petition as presented to the Board at its meeting on July 7,1958 requesting a five day week schedule for the employees of the court house, thefollowing motion was adoptedOn a motion made by Frank B Holding, seconded by Floyd C Price, Sr, it wasmoved that a five day week not be considered at this time16 The notice of Leonard H Starling to apply to the North Carolina AlcoholicBeverage Control Board for a permit to sell alcoholic beverages at the intersection of Dundee Street and Truck Lane was filed17 The following letter of B S Simpson, representing the Johnston County WarVeterans Association, was filedJohnston County Board of CommissionersSmithfield, N CGentlemenIn a regular meeting of the Johnston County War Veterans Association July 23,1958, I was directed by the unanimous vote of the organization to express to youits sincere and deep appreciation for the fine services rendered by you as_j commissioners of Johnston County through the Veterans Service Office to the veteransof the various wars, their widows, orphans, and dependents As a result of theappropriations provided for this purpose, Mr L P Creech, Veterans Service Officer,has been able to secure pensions, home loans, educational benefits, and hospitaliz-ation for many hundreds of veterans entitled to these services and benefits With-out the assistance of the Veterans Service Officer, many of these benefits andservices would not have been receivedThe War Veterans Association is composed of representatives of the severalAmerican Lagion Posts, VFW, DAV, WW I organizations in the county The representat-ives not only expressed their appreciation for the fine services which have beeni232August 4, 1958 Contrendered in the past but also the desire for a continuation of these fine servicesin the futureSincerely yours,E S SimpsonJohnston CountyWar Veterans Association18 The appeal of D L Coats, Route -# 1 Garner and Elbert Hoggard, of Clayton,to the North Carolina State Board of gllottments and Appeals was filed,19 Approval was given T L Upchurch to employ additional tax collectors on,;9 -1 -58•20 Jiggs Broadwell, Civil Defense Director, made a verbal report of his activitiesstating in substance, that work had commenced on a warning program and that he hadbeen able to secure the sirens at a cost of 300 each That he was working withthe fire departments and schools in placing these sirens He stated further thatplans were being made for establishing a training school for radiology21 Upon a written request authorized by sixteen automobile dealers as listed;Neighbors Motor Company, Kenly, N CSimmons Chevrolet Company, Kenly, N CParrish Motor Company, Benson, N CBanner Motor Company, Benson, N CHeavner- Overby, Smithfield, N CWhitley Auto Sales, Smithfield, NCS and S Motor Company, Smithfield, N CJordan Motor Company, Selma, N CB R Wilson, Inc, Smithfield, N CBuie Motor Company, Smithfield, N CWilson Chevrolet Company, Smithfield, N CPippin Motor Company, Smithfield, N CLittle +s Pontiac Company, Smithfield, N CGardner Motor Company, Smithfield, N CWilliams Motor Company, Smithfield, N CSmithfield Motor Company, Smithfield, N Cand the request in person of M B Wilson, Audy Baggett, W 0 Buie, Carl Little Jrand Claude Pippin, the following motion was unanimously adopted;On a motion made by Frank B Holding, seconded by Floyd C Price, Sr, it wasmoved that T L Upchurch, Tax Collector, be directed under authority of Section153 Sub Title 3 entitled Motor Vehicle Dealers of the Revenue Act as amended bythe 1955 General Assembly to require from this date a 30000 deposit for privilegelicense from any person or firm opening a new business for the sale of automobileswithin the bounds of Johnston County; provided, however, that if at the end of theprivilege tax year May 31 next the operation has proved not to be of a seasonal,temporary, transient, or itinerant nature, then the person or firm making thedeposit shall be entitled to a refund of the difference between the normal rivilegetax of 2750 and the seasonal, temporary, transient, or itinerant rate of 3000022 The following reports were filed;Leroy JohnsonL PCreechC W TarltonT L UpchurchD R CliftonJohn W, MayoLloyd GilbertLulu A JolliffLucy O TooleRebecca TrammelEvelyn BishopNegro County AgentVeterans Service OfficerCounty AgentTax CollectorJailorElectrical InspectorAdministrator Johnston MemorialHospitalSuperintendent Welfare DepartmentNegro Home Demonstration AgentAssistant Home Demonstration AgentCounty LibrarianThere being no further business, the meeting adjourned-V hairm