November 3, 1958 - 11:00 AM - County Board of Commissioners Meeting Minutes

November 3, 19581 5Fit width244Meeting of Board of Commissioners for the County of Johnston rNovember 3, 1958The Board of Commissioners for the County of Johnston met in regular sessionon November 3, 1958, at 11,00 oclock, in the Commissioners Room, with the following;,members presentH M Johnson, Chairman, Floyd C Price, Sr, J D Bailey, R G Gurley andFrank B HoldingAbsent NoneThe following business was transacted;1 On a motion made by Floyd C Price, Sr, seconded by J D Bailey, it was movedthat the State Highway Commission be requested to add to the Johnston County RoadSystem and maintain that certain road in Meadow Township, described as followsBeginning at Clarence Adams store and runs to the Tart road,being a distance of l miles in length, as indicated as projectNo 1 on the attached mapMotion carriedPetition and map enclosed with this recommendation For reference seeJ 0 Ryals, Route # 2, Benson, N C2 On a motion made by Frank B Holding, seconded by Floyd C Price, Sr, it wasmoved that the State Highway Commission be requested to add to the Johnston CountyRoad System and maintain that certain road in Selma Township, described as followsBeginning at Highway # 301 and runs thence to the railroad tracks,known as the Pine Crest road, and being a distance of 3 miles inlength, as indicated as Project No 2 on the attached mapMotion carriedPetition and map enclosed with this recommendation For reference see W CPrice, R #3, Smithfield, N C3• On a motion made by Frank B Holding, seconded by J D Bailey, it was movedthat the State Highway Commission be requested to add to the Johnston County RoadSystem and maintain that certain road in Selma, North Carolina, described as followsBeginning at Waddell Street and runs thence to Woodland Street, knownas Center Street, being a distance of 300 feet, as indicated as ProjectNo 3 on the attached mapMotion carriedPetition and map enclosed with this recommendation For reference see AlleneBroughton, 16 Center Street, Selma, N C4 W B Oliver and Fletcher Futrell of Pine Level requested that the Boardrecommend to the State Highway Commission the improvement of that certain road inPine Level Township, and beginning near the old Grey Pittman place, and runs by theCreech place to a County Road, indicated as Project No 4 on the attached mapCommissioner Frank B Holding moved that the State Highway Commission be req-uested to straighten, widen and improve the aforementioned, described road as in-dicated by Project No 4 on the attached mapCommissioner R G Gurley seconded the motion, which was unanimously adopted5 Joe Edwards of Princeton requested that the Board recommend to the State High-way Commission the improvement of that certain road in Boon Hill Township, which runsby his home on the outskirts of the Town of Princeton, and indicated as Project No5 on the attached mapCommissioner R G Gurley moved that the State Highway Comnnission be requestedto gravel and improve the aforementioned road as indicated as Project No 5 on theattached mapedCommissioner Frank B Holding seconded the motion, which was unanimously adopt-6 Commissioner Frank B Holding moved that a peddlers license be grantedElbertHaley, of Selma, on account of physical disability for a- period of one year fromdateCommissioner Floyd C Price, Sr seconded the motion, which was unanimouslyadopted1 4 5 `November 3, 1958 Cont7 Commissioner R G Gurley recommended and moved that the Blackmans CrossroadsFire Department Inc be loaned 100000 for the purchase of fire fighting equipment,in accordance with resolution adopted by the Board on October 5, 1955Commissioner J D Bailey seconded the notion, which was unanimously adopted8 The request of Mr Charlie Fish for assistance from the Welfare Department orthe Social Security Board was referred to W G Massey, Clerk9 Mrs Ida Mae Hamilton exhibited a loose leaf alphabetical registration indexshe had prepared for the Town of Smithfield at a cost of 4840 per book, recommend-ing that the county set up such a system to eliminate confusion in finding names onthe registration books and to speed up voting She stated that the new system hadthe endorsement of Harry E Canaday, Chairman Board of Elections, and Wiley Narron,Registrar of East Smithfield Precinct Mr Narron, who was present, substantiatedher statement She further stated that the new system had been endorsed by theState Board of Elections and was now in use in Wake, Wayne and Lenoir Counties10 In response to her request, H M Johnson, Chairman, appointed CommissionerFrank B Holding, W G Massey, Clerk, and W H Britt, Auditor, as a committee tostudy the recommendation offered and report their findings to the Board11 Upon the recommendation of C W Tarlton, County Agent, Nelson Nash was permit-ted to use 112 to I acre of the County Home property for the purpose of setting up aforestry demonstration12 C W Tarlton was authorized and directed to place appropriate signs on theCounty Home property to eliminate the dumping of refuge and trash on said property13 J R Batten, representing the Warren Refining and Chemical Company, submittedti a bid for the repairing of the roof of the court house in the amount of 34165Action was deferred on this proposal14 Lula A Jolliff, Superintendent Welfare Department, reported to the Board thatthe Welfare Department could be placed under Workmens Compensation Insurance, andthat the expense could be set up as a joint expenditure with ;State and Federalfunds W H Britt, Auditor, who was present when this report was made estimatedthat the cost to the county for covering employees under the Workmens CompensationInsurance would be approximately 7450015 Lula A Jolliff, Superintendent of the Welfare Department, announced that the39th Annual Public Welfare Institute would be held in Raleigh on November 13 -14,1958, and extended an invitation to the members of the Board to attend these meet-ings16 Lula A Jolliff, Superintendent Welfare Department, reported that two childrenhad been placed in a Harnett County Boarding Home and that Harnett County demandedpayment in advance for these two children, amounting to 4500 per month for eachchild As Johnston County only pays her Boarding Home bills at the endof the month,the matter was referred to W H Britt, Auditor, to work the manner of payment outwith the proper authorities of Harnett County17 Commissioner R G Gurley moved that H M Johnson, Chairman, be authorized tosign for and on behalf of Johnston County the following lease agreement with MrsLouise McGregor, leasing the Boarding Home propertyCommissioner Frank B Holding seconded the motion, which was unanimouslyadopted;LEASE AGREEMENTState of North CarolinaJohnston CountyTHIS LEASE AGREEMENT, Made and entered into the 3 day of November, 1958, by andbetween the County of Johnston, a body politic and corporate, created by the GeneralAssembly of North Carolina, party of the first part, and Mrs Louise McGregor, ofthe 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,and said party of the second part doth hereby accept as Leasee 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 followsBeginning 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 60 feet to a point246November 3, 1R58 Contiin line of the western end of the chicken yard; thencein a northward direction along the line of the westernend of the chicken yard to a point, southern end ofP ,ack barn; thence in an eastward direction about 20 feet;thence in a northerly direction to the pasture fence;thence in an easterly direction a straight line to apoint in the line of Mrs Alonza Stephenson; thence asher line in a southerly direction in N CHighway No50; thence as highway No 50 westward to the point ofbeginningITo have and to hold the said real estate and premises together with allprivileges and appurtenances thereunto belonging to the said party of the secondpart for the term and upon the conditions hereinafter set forth and to have thepossession of all of the personal property located on said real property enumerat-ed in said Schedule A hereto attached upon the terms hereinafter statedTERMThis lease shall begin as of the lst day of November, 1958, and unless soonerterminated as herein provided, shall exist and continue until the 31st day ofOctober, 1959•RENTALAs 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 permonth, per bed for maximum nurrber of beds occupied, payable on or before the10th day of the following monthLIGHTS, HEAT, WATER, ETCDuring the term of this lease party of the second part shall provide andpay for 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, exceptmajor repairs or repairs amounting to more than 5000 for each item at thetermination thereof to surrender said premises to said party of the first partin as good condition 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 secondpart, but it is agreed that all such alterations and additions which involvestructural changes in any of the said buildings shall be approved by the partyof the first part before they are made All such alterations and additions shallbecome a permanent part of the real estate, and as such the property of the partyof the first part The party of the second part agrees to keep the personalproperty herein leased in good repair and condition, ordinary tear and tear ex-cepted, and it is, also agreed that the party of the second part will replacefrom time to time articles of personal property such as sheets, pillow cases,bedspreads, mattresses, and other linens, etc listed in Schedule A as the samebecome obsolete and worn out from usage or otherwise, by new articles of equalvalue 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 thefirst part agrees to reimburse the party of the second part for the underpreciatedvalue of said alterations, additions and repairs, based upon the life or term ofthe lease; but if said lease is terminated by the party of the second part, forany cause, said party of the second part shall be entitled to no reimbursementfor alterations, additions, and repairsIDAMAGE 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 thatit becomes necessary for party of the second part to abandon the use of saids ap re ml es, p rty of the first part shall repair such damages as quickly as isreasonably possibleBut 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 damage247November 3, 1958 ContBANKRUPTCY OR INSOLVENCY OF TENANTIt is expressly agreed that if at any time during the term of this leaseparty of the second part shall be adjudged bankrupt or insolvent by any Federal orState Court of competent jurisdiction, such adjudication shall terminate and cancelthis lease 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 sub -let any part ofthe demised property without the written consent of the party of the first part,and in the event of the death of the party of the second part before the expirationof this 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 intent-ion so to do not later than 60 days prior to the expiration of the lease; and inthe event 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 agreedbetween the parties hereto that the failure of the party of the second part tocomply fully and completely with the licensing requirements of the State Boardof Welfare of North Carolina for adult boarding homes shall immediately andautomatically terminate 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 byorder of a resolution of its Board of Commissioners duly passed and carried; andthe said party of the second part has hereunto set her hand and seal, this theday and year above writtenCounty of JohnstonBy Signed H M JohnsonAttest Chairman, Board of CommissionersSigned W G Massey Signed Louise McGregor SEALClerk, Board of Commissioners Party of the Second Part18 Commissioner J D Bailey moved that D R Clifton, Jailer, be authorized anddirected to purchase necessary materials and make necessary expenditures for therepair of the court house roofCommissioner R G Gurley seconded the motion, which was unanimously adopted19 Judge W E Godwin in response to a request of the Board at their meeting onOctober , 1958 stated that it would require no order of the Board for the DomesticRelations Court as authorized by the 1957 General Assembly to be established Hesaid that he had discussed the functions of the new court with H V Rose, Clerkof the Superior Court, and that they had determined that the court would functionalong the same lines as the old court, with the exception that there would be noSolicitor and at times the Welfare Department would be called on to investigatecertain cases He stated that perhaps the General Assembly might be called uponto make certain amendments to the act, and as the court grew certain organizationalchanges might be necessary Mr H V Rose, Clerk Superior Court, stated that theDomestic Relations Court did not abolish the Johnston County Recorders Court,and that his office would continue to perform the clerical duties of the new courtMr Rose further cited the duties of the new court and its jurisdiction, statingthat it would definitely answer a need in the County A M Noble, Local Attorney,who was present, substantiated Mr Roses remarks20 H V Rose, Clerk of the Superior Court, explained to the Board the unsatis-factor condition of his judgment index and requested aid to re -index his judgmentrecords The Board went on record as approving Mr Roses plan to re -index hisjudgment records and bring said index up to da e248November 3, 1958 ContN?slpri21 Wilson Jiggs Broadwell, Director Civil Defense, gave a verbal report of theactivities of the Civil Defense Program, stating that the science teachers of Selma„Smithfield and Four Oaks had attended school in Chapel Hill sponsored by the Depart-,ment of Education and Civil Defense Department and had accounted for these schoolsreceiving radiological equipmentP,22 J L George, County Attorney, reported that the County had been made a partyto a suit instituted by the State Highway Commission in connection with taxes oncertain properties belonging to Albert Eason and C B Fulghum, and stated that theinterest of the county was so negligable that in his opinion it would not be worth-while for the county to file an answerActing upon his recommendation, Mr George was advised not to file an answerto the suit23• Upon the recommendation of Rhetta Martin, the following motion was adoptedOn a motion made by Commissioner R G Gurley, seconded by Commissioner FrankB Holding, it was moved that a quit -claim deed be made to Aaron Lee, upon the pay-ment of 7945, representing taxes in full through 1958, conveying 7 acres in SelmaTownship, foreclosed in the name of Aaron Lee24- Commissioner Floyd C Price, Sr and W G Massey, Clerk, were appointed torepresent the Board at the mid -year business conference of the National Association Iof County Officials to be held in Asheville, North Carolina on November 23 -25, 1958{,H25 The following reports were filed with the BoardIsT L Upchurch Tax CollectorC W Tarlton County AgentGlenn Maxwell Assistant County AgentLeroy Johnson Negro County AgentL P Creech Veterans Service OfficerLula A Jollif£ Superintendent Welfare DepartmentD R Clifton JailerRupert Barbour Dog WardenJohn W Mayo Electrical InspectorLloyd Gilbert Johnston Memorial HospitalEvelyn Bishop County LibrarianThere being no further business, the meeting adjournedC man