December 7, 1959 - 11:00 AM - County Board of Commissioners Meeting Minutes

December 7, 19591 8Fit widthMeeting of Board of Commissioners for the County of JohnstonDecember 7, 1959The Board of County Commiss -oners of Johnston County met In regular sessionon December 7, 1959, at 1100 A M, In the Commissioners Room, with the followingmembers presentH M Johnson, Chairman, R G Gurley, JDBailey, Floyd C Price Sr, andFrank B HoldingAbsent NoneThe following business was transacted1 Commissioner Frank B Holding moved that the surety bonds of Josephine Burgess,Deputy Clerk of the Superior Court, in the amount of 100000; Clara Woodall, Bookkeeper, Clerk Superior Court office, in the amount of 100000; and Charles OliverWoodall, Deputy Sheriff, in the amount of 200000, be approvedCommissioner R G Gurley seconded the motion, which was unanimously adopted2 Commissioner R G Gurley moved that the following Boarding Home Lease withLouise McGregor be renewed effective November 1, 1959, and that Chairman H MJohnson be authorized and directed to sign said lease for and on behalf of `thecountyState of North CarolinaJohnston CountyTHIS LEASE AGREEMENT, made and entered into the 7 day of December, 1959, byand 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 Mc-Gregor, of the County of Johnston and State of North Carolina, party of the secondpart,WITNESSETHi IThat subject to the terms and conditions hereinafter set forth, said partyof the 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 Lessee of said party ofthe first part, all of the personal property described, itemized and listed inSchedule A hereto attached, which is hereby incorporated in and made a part ofthis lease- agreement, and a certain parcel of land together with the buildings andother improvements thereon, lying and being in Smithfield Township, Johnston CountyNorth Carolina, and more particularly described as followsBeginning at a stake on N CHighway # 50 eastern edge ofplantation cart way and runs thence in a northerly directionto a point in line with the southern end of the farm machineryshed located on the county home property; thence in an east -wardly direction about 60 feet to a point in line of the westernend of the chicken yard;, thence in a northward direction alongthe line of the western end of the chicken yard to a point,southern end of pack barn; thence in an eastward direction about20 feet; thence in a northereiy direction to a straight line toa point in the line of Mrs Alonza Steprenson; thence as her lineIn a southerly direction in N CHighway 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 priv-ileges and arpurtenences thereunto belongng to the said party of the second partfor the term and upon the conditions hereinafter set forth and to have the possess-ion of all of the personal property located on said real property enumerated insaid Schedule A hereto attached upon the terms hereinafter statedTERMThis lease shall begin as of the 1st day of November, 1959, and unless soonerterminated as herein provided, shall exist and continue until the 318t day ofOctober, 1960RENTALAs 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 number of beds occupied, payable on or before the 10thday of the following monthLIGHTS HEAT WATER 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 premises350December 7, 1959 ContREPAIRSParty 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 and 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 exceptedLIMPROVEMENTS BY TENANTParty of the second part may at any time during the term of this lease make jto the buildings on said demised premises such minor alterations and additions as fmay 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 involve struc-tural changes in any of the said buildings shall be approved by the party of thefirst part before they are made All such alterations and additions shall becomea permanent part of the real estate, and as such the property of the party of thefirst part The party of the second part agrees to keep the personal propertyherein leased in good repair and condition, ordinary wear and tear excepted, and itIs, also agreed that the party of the second part will replace from time to timearticles of personal property such as sheets, pillow cases, bedspreads, mattresses,,and other linens, etc listed in Schedule A as the same become obsolete and wornout from usage or otherwise, 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 undepreciated 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 foralterations, 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 thatit becomes necessary for party of the second part to abandon the use of said prem-ises, 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 damageBANKRUPTCY 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 party ofthe 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 party of the second part before the expiration ofthis lease, it is agreed that this lease - agreement shall immediately become null andsvoid and terminateOPTION TO EXTENDProvided all installments of rental theretofore due have been paid and allother conditions of this lease have b een 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 intentionso 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 herein calledfor remain overdue and unpaid for sixty days, party of the first part may at itsoption at any time during such default declare this lease terminated and cancelledand take possession of said premisesThis lease constitutes the entire contract between the party of the first partand the party of the second part and none of the terms and conditions shall bevaried or modified unless such changes or modifications are reduced to writing andmade a part of the lease However it is expressly understood and agreed between theparties hereto that the failure of the party of the second part to comply fully andcompletely with the licensing requirements of the State Board of Welfare of NorthtDecember 7, 1959 Cont wCarolina for adult boarding homes shall imediately and automatically terminate thisleaseIN 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 resolution 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 end yearabove writtenCOUNTY OF JOHNSTONBy s H M JohnsonChairman, Board of CommissionersAttest 4s Louise McGre orrarLyUT— C4itrS8L- PaTrt SEALa W, G MasseyClerk, Board of CommissionersCommissioner F}-ank B Holding seconded the motion, which was adopted3 Approval was given Chairman HM Johnson to sell tin on hog pens located on theCounty Home property for approximately one -half its market value4 Commissioner J D Bailey moved that V G Massey, Clerk, be authorized anddirected tonotify Mr R C Browning, Architect, Raleigh, North Carolina, to proceedwith plans for advertising and receiving bids for air conditioning the courtroom ofU, the courthouse the arly part of January 1960Commissioner Frank B Holding seconded the motion, which was carried5 Approval was given Commissioner Floyd C Price, Sr to make a survey of thebasement of the courthouse to determine if the space in the basement could be utili-zed to an advantage6 The following report was submitted to the Board by Lloyd Gilbert, Administratorof Johnston Memorial Hospital in response to a request of the Board at their regularmeeting on November 2, 1959 relative to the distribution of funds to hospitals bythe Ford FoundationTHE FORD YOUNDATION477 Madison AvenueNew York 22, N YNovember 16, 1959Mr Rayford OliverChairman, board of TrusteesJohnston Memorial HospitalP 0 Box 120Smithfield, North CarolinaDear Mr Oliver;Mr Matthews has asked me to acknowledge and to thank you for your letter ofNovember 10th, with the enclosed copy of a resolution, inquiring about the possibil-ity of assistance to Johnston Memorial HospitalAs you are perhaps aware, the Foundation undertook a hospital program, whichwas announced on December 12, 1955, providing assistance to some 3,00 hospitalsthroughout the nation I regret to advise you that this program is now closed Itwas designed to assist voluntary nonprofit, nongovernmental hospitals which werein operation at the time of the announcement to extend and improve their hospitalservices Acceptance for listing as a hospital in this category by the AmericanHospital Association was the main criterion applied in determining an institutionseligibility to participate in the program Johnston Memorial Hospital has beenconsistently listed as a county hospital and was, therefore, ineligible for con-sideration for one of these grantsIt was clearly recognized that a progranof this kind could not begin to answerthe needs of many institutions Which were providing important services in the fieldof medical care Indeed, no private agency could accept the burden of a nationwideprogram on this scale It was nevertheless hoped that the Foundations hospitalprogram might draw attention to the needs of medical care agencies generally, andthereby benefit many institutions which were ineligible for direct participationin the programThe Foundation has no other program in the field of medical care, nor is onecontemplated, under which further requests for assistance to hospitals might receiveconsideration We appreciate your interest in writing us and regret that theFoundation is unable to be of assistanceSincerely yours,SignedRobert W Chandler, Program Assit861December 7, 1959 Coat7 Commissioner Frank B Holding moved that the option of J B, Wooten to leasethe Johnston County Produce Market property located on Highway # 301 for an additions;al year under the terms and agreement as set out in order of the Board dated Decem-ber 1, 1958 be acceptedCommissioner J D Bailey seconded the motion, which was carriedS The audit of Johnston Memcr ial Hospital as prepared by Koonce and Wooten,Certified Public Accountants in Raleigh, North Carolina, for the year endingSeptember 30, 1959 was submitted to the Board9 Upon the recommendation of J L George, County Attorney, Commissioner Frank B`Holding moved that penalties and costs on lot located on John Street in the Town ofClayton and listed in the name of Worth Boone be released, provided that Glenn Bradywho purchased the property on February 15, 1955 and who advised the tax lister tolist same in his name pays to the Johnston County Tax Collector all taxes listedin the name of Worth Boone for 1955Commissioner R G Gurley seconded the motion, which was carried ?i10 The request of William A Creech, Attorney, for Joe Austin, of Four Oaks,relative to the double listing of property to said Austin and wife Mabel S Austinwas referred to W H Britt, Auditor, and J L George, County Attorney, forinvestigation and recommendation11 A delegation from the Town of Benson composed of Emory Miller, Y Ira Tart,L L Levinson, Ed Johnson, William A Creech and Ralph ;7hittington and a delegation,from the Town of Smithfield composed of R A Spence, Mayor Ben Baker, B W Booker `and Charlie Parrish requested assistance in the construction of armories which hadbeen allocated to the Town of Benson and the Town of SmithfieldW A Creech, representing Joseph H Levinson, Attorney for the Town of Benson,[requested a contribution of 875000 for the construction of a 1140,000 armory forthe Town of Benson, citing that the Town of Benson had to pay t 00000 for a newsite for the armory, and that the members of the Guard came from different sectionsof the County and would be a valuable asset for the CountyRobert A Spence, Town Attorney, did not cite the exact amount that the Townof Smithfield would like for the County to contribute, but stated that it would benecessary for the town to purchase an additional site as the government would notapprove the site which the Town had allocated for the location of the armory, stat-ing that a new site would costfrom 10,000 to 012,000 The cost of the SmithfieldArmory would be 128,000 and that the members of the Guard were composed of menthroughout the countyA general discussion between the members of the delegation and the Board washeld, but it was the consensus of the Board that although the projects were veryworthy that they had no funds on hand to contribute at this timeAfter the discussion, W G Massey, Clerk, was directed to advise the Attorneysfor the two groups that the County was not in a financial position to commit them-selves or make a contribution at this time, but would be glad to hear them when the1960 -61 budget was considered12 Jiggs Broadwell, Civil Defense Director, made a verbal report to the Boardconcerning the activities and progress of the Civil Defense Program13 Lulu Jolliff, Superintendent of the Welfare Department, submitted to the Boardrevisions made by the Board of Public Welfare relative to grants, new cases, A D C,0 A A cases and terminations occurring in her department for the month of November14 A discussion was held with J L George, County Attorney, Dan G Matthews,C P A,, and Nora P Southerland, Clerk of the Superior Court, relative to the dis-tribution of funds which had accumulated in the Clerk of the Superior Courts officeMr George reported that the Attorney Generals office had advised these cases behandled on an individual basis After a further discussion, the Board concurredin general with the opinion of the Attorney Generals office and Chairman H MJohnson ordered J L George, County Attorney, W H Britt, Auditor, and Dan GAatthews to serve as a committee to submit concrete plans for disposing of theaccumulated funds and further to submit a plan or policy to be employed in theClerk of the Superior Courts office for disposing of funds collected in courtcases in order to avoid a repetition of this matter15 MrsNora P Southerland advised the Board that she was unable to submit herannual report as Clerk of the Superior Court due to the fact that the audit wasstill being conducted of her office16 Upon the recommendation of the Board of Trustees of the Johnston County LibraryCommissioner J D Bailey moved that J H Lansinger be appointed a Trustee of theJohnston County Library for a term of three years, effective as of August, 1959Commissioner Frank B Holding seconded the motion, which was unanimouslycarried362December 7, 1959 Cont _-17 Upon the recommendation of W H Britt, Auditor, Commissioner Frank B Holdingmoved that the following list takers be appointedBanner Mrs L W BaileyBenson R #1Bentonville Mrs Doris C BrittFour Oaks R #1Beulah Mrs Amie FaucetteKenly R #1Boon Hill Glenn SmithPrincetonClayton Mrs Leon W StevensClayton # 2Cleveland Mrs Charlie BarefootGarner # 1Elevation Brant MedlinBenson # 1Ingrams Raymond A MassengillFour Oaks R #1Meadow Perry ThorntonNewton Grove # 1Micro Claude AycockMicroONeals Johnnie B CnealKenly #2Pine Level Ed L WhitePine LevelPleasant Grove H C HicksWillow Springs #1Selma Mrs Mary LammSelmaWilders J T BoykinWendell #1Wilsons Mills Mrs Frances WilsonWilsons MillsSmithfield Auditors OfficeSmithfieldCommissioner J DBailey seconded the motion, which was carried18 The following election returns for the specialtax school election held onDecember 5, 1959 were submittedDecember 5, 1959Johnston County Board of ElectionsJohnston County Board of CommissionersJohnston County Board of EducationGentlemen;We, the undersigned, the registrars and judgesof the special tax schoolelection held on December 5, 1959 in the School District do make and certifyto be correct the following statement;Corinth - HoldersName of VotingPlaceNumber of voters registered 171Number cast for special tax 79Number cast against special tax 33In witness whereof, we have hereunto subscribed our names this fifth day ofDecember, 1959•sP D Strickland RegistrarsPaul L Sanderford JudgeCorinth- Holders sArnold Price JudgeNAME OF SCHOOL DISTRICTDecemberS, 1959Johnston County Board of ElectionsJohnston County Board of CommissionersJohnston County Board of EducationGentlemen;We,_the undersigned, the registrars and judgesof the special tax schoolelection held on December 5, 1959, in the SchoolDistrict do make and certifyto be correct the following statement;EmitName o VoingPlaceNumber of voters registered 138Number cast for special tax 77Number cast against special tax 17In witness whereof, we have hereunto subscribedour names this fifth day ofDecember, 1959sConnie Wilder RegistrarsW Nelson Wilder JudgeCorinth - Holders sSam Narron JudgeNAME OF SCHOOL DISTRICT363December 7, 1959 Cant4December 5, 1959Johnston County Board of ElectionsJohnston County Board of CommissionersJohnston County Board of EducationGentlemenWe, the undersigned, the registrars and judges of the special tax school electionheld on December 5, 1959 in the School District do make and certify to be tcorrect the following statement50-210 Fire StationName of voting FplaceNumber of voters registered 252Number cast for special tax 179Number cast against special tax 27In witness whereof, we have hereunto subscribed our names this fifth day ofDecember, 1959s Mrs Victor Penny Registrars Rupert Lacy Johnson Judges Mrs Raeford Parrish JudgeClevelandNAME OF SCHOOL DISTRICTDecember 5, 1959Johnston County Board of ElectionsJohnston County Board of CommissionersJohnston County Board of EducationGentlemenNe, the undersigned, the registrars and judges of the special tax school electionheld on December 5, 1954, in the School District do make and certify to becorrect the following statementCleveland Ag BldgName of votingplaceNumber of voters registered 137 one hundred thirty - sevenNumber cast for special tax 80 eightyNumber cast against special tax 26 twenty -sixIn witness whereof, we have hereunto subscribed our names this fifth day ofDecember, 1959•s Tom Coats Registrars Mrs L D Wood Judges W Leon Powell JudgeClevelandNAME OF SCHOOL DISTRICTDecember 5, 1959Johnston County Board of ElectionsJohnston County Board of CommissionersJohnston County Board of EducationGentlemenWe, the undersigned, the registrars andjudges of the special tax school electionheld on December 5, 1959, in theSchool District do make andcertify to becorrect the following statementMeadow GymName o vo ingplaceNumber of voters registered118Number cast for special taxl{?9Number cast against special tax86In witness whereof, we have hereunto subscribedour names this fifth day ofDecember, 1959•s J W Wood JrRegistrarMeadows Perry ThorntonJudgeNAME OF SCHOOL DISTRICTs J R HoodJudge36December 7, 1959 ContDecember 5, 1959Johnston County Board of ElectionsJohnston County Board of CommissionersJohnston County Board of EducationGentlemenPie, the undersigned, the registrars and judges of the special tax school electionheld on December 5, 1959, in the School District do make and certify to becorrect the following statementArcher Lod Schooleame o vo ngplaceNumber of voters registered 115Number cast for special tax 78Number cast against special tax 3In witness whereof, we have hereunto subscribed our names this fifth day ofDecember, 1959•s Delma Murphrey Registrars Edard Johnson Judges Clinton Boyette JudgeArcher bodge School DistrictNAME OF SCHOOL DISTRICTDecember 5, 1959Johnston County Board of ElectionsJohnston County Board of CommissionersJohnston County Board of EducationGentlemenWe, the undersigned, the registrars and judges of the special tax school electionheld on December 5, 1959, in the Four Oaks School District do make and certify tobe correct the following statementIn witness whereof, we have hereunto subscribed our names this fifth day ofDecember, 1959•sg}s}sFour Oaks sNAME OF SCHOOL DISTRICTEdgar U Langston RegistrarC C Cox JudgeCharlie N Rose JudgeMarguerite Johnson RegistrarWalter C Temple JudgeLaura S Barbour Judge19 After a discussion, it was determined that the Christmas Holidays for thecourthouse would begin December 24 at noon and extend until Monday morning December28, 195920 W G Massey, Register of Deeds, was authorized to employ additional help inthe Register of Deeds office for a period of approximately two weeks21 Progress report of the Neuse River Soil Conservation District for Durham,Johnston, Orange, Wake and Wilson Counties was submitted by Rudolph Howell22 Notices of appeal of Alee T Langley, Clennie M Dunn, and George L Byrd tothe State Board of Allotments and Appeal of Public Welfare were submitted23 On amotion made by Commissioner J D Bailey, seconded by Commissioner FloydC Price, Sr, it was moved that the State Highway Commission be requested to addto the Johnston County Road System and maintain that certain road in Oneals Township,described as followsBentonvilleElevationFour OaksName of votingName of votingName ofplaceplacevoting placeNumber of voters registered11011240Number cast for special tax363690Number cast against special tax201010In witness whereof, we have hereunto subscribed our names this fifth day ofDecember, 1959•sg}s}sFour Oaks sNAME OF SCHOOL DISTRICTEdgar U Langston RegistrarC C Cox JudgeCharlie N Rose JudgeMarguerite Johnson RegistrarWalter C Temple JudgeLaura S Barbour Judge19 After a discussion, it was determined that the Christmas Holidays for thecourthouse would begin December 24 at noon and extend until Monday morning December28, 195920 W G Massey, Register of Deeds, was authorized to employ additional help inthe Register of Deeds office for a period of approximately two weeks21 Progress report of the Neuse River Soil Conservation District for Durham,Johnston, Orange, Wake and Wilson Counties was submitted by Rudolph Howell22 Notices of appeal of Alee T Langley, Clennie M Dunn, and George L Byrd tothe State Board of Allotments and Appeal of Public Welfare were submitted23 On amotion made by Commissioner J D Bailey, seconded by Commissioner FloydC Price, Sr, it was moved that the State Highway Commission be requested to addto the Johnston County Road System and maintain that certain road in Oneals Township,described as follows365Deceuber 7, 1959 ContI,Beginning on Higivay # 222 at J T Hocutts Sfarm, runs thence by George Adams at al in acircular route to Highway # 222 at William BarnesFarm, being a distance of one mile in lengthPetition enclosed with this order For reference see Gollia Adams, R #l,Middlesex, N C24 On a motion made by Comissioner J D Bailey, seconded by CommissionerFloyd G Price, Sr, it was moved that the State Highway Commission be requestedto hard- surface that certain road in Oneals Township, described as followsBeginning at Thomas Finchs on Moores SchoolHouse - Flower Hill Road and runs thence to LonnieHares on the same road, via Luther Boykins,Johnnie Crockers and Onnie Pittmans, and beinga distance of 12 miles in lengthpetition enclosed with this order For reference see Johnnie Crocker, Kenly,v, c25 W H Britt, Auditor, reported that after due advertisement of bids for rabiesvaccine and letters to reputable concerns dispensing vaccine that he had receivedonly one bidCommissioner R G Gurley moved that the bid of Ethical Vetenary Supply Coof Long Island, New York to supply the county with 9000 10 -dose vials of rabiesvaccine at 298 a vial with tags and an additional 1000 tags at 2¢ each be accept-ed, and that W H Britt, Auditor, be authorized and directed to purchase the sameCommissioner J D Bailey seconded the motion, which was carried26 Upon the request of L P Creech, Veterans Service Officer, CommissionerFrank B Holding moved that 10000 be appropriated from the contingent fund andtransferred to the Clerical fund account of the Veterans Service Office to enableL P Creech, Veterans Service Officer, to employ additional help to assist in thefiling of accounts prepared for veterans receiving pensions on a non - serviceconnected basisCommissioner Floyd C Price, Sr seconded the motion, which was carried27 The following reports were filed with the BoardH F Palmer Negro Agricultural AgentL P Creech Veterans Service OfficerG F Brown Electrical InspectorJim Beck Assistant County Agricultural AgentT L Upchurch Tax CollectorW H Britt AuditorRubert Barbour Dog WardenLulu Jolliff Superintendent Welfare DepartmentSarah Ann Butts Home Demonstration AgentEvelyn Bishop LibrarianDaily reports of J M Grantham, Bruce Tippett, C D Stanleyand G R Britt, Deputy Tax Collectors, were submittedThere being no further business, the meeting adjournedC rmanCler