December 5, 1960 - 11:00 AM - County Board of Commissioners Meeting Minutes

December 5, 19601 7Fit widthMeeMeeting of Board of Commissioners for the County of JohnstonDecember 5, 1960The Board of County Commissioners of Johnston County met in regular sessionon December 5, 1960, at 1100 A M, in the Commissioners Room, with the followingmembers presentH M Johnson, Chairman, J D Bailey, R G Gurley, Floyd C Price, Sr andFrank B HoldingAbsent; NoneThe following business was transacted1 Commissioner Frank B Holding moved that Jasper Beasley, of Smithfield, N C,R#3, be appointed Constable of Wilsons Mills TownshipCommissioner J D Bailey seconded the motion, which was carried2 W G Massey, Clerk, presented letter from E P Koonce, Division Engineer,State Highway Commission, which stated that the Commission was unable to placethe for J M Gardner on his lot located near the city limits of the Town ofKenlyBe was requested to reiterate the request of the Board to the Highway Commiss-ion to assist Mr Gardner if they possibly could3 The holiday schedule for Christmas for the courthouse was fixed at December 24through December 264 The request of A M Noble, Attorney, for Mrs Virginia Cook, relative to thelisting of lots in the Town of Selma, formerly belonging to Charlie Talton, wasreferred to W H Britt, Auditor, for study and recommendation5 A discussion was held ith Sarah Ann Butts, Home Demonstration Agent, concern-ing additional space for her department in the Thornton Building and the basementof the courthouse Miss Butts did not think either space suitable for her depart-ment She was advised, however, that the Commissioners would give attention toproviding her additional space6 Commissioner Frank B Holding moved that M W Knott, Electrical Inspector,be directed to supervise Donald Ellis, electrician, an inmate of the county jail,in repairing the outside lights of the courthouse and providing flood lights onsameCommissioner J D Bailey seconded the notion, which was carried7 Chairman H M Johnson appointed Commissioner Frank B Holding to work withM W Knott, County Electrical Inspector, in replacing globes and repairing out-side lights of the courthouse, and with the installation of flood lights on thecourthouse8 Wilson Jiggs Broadwell gave a verbal report of the activities of the CivilDefense Program9 Upon the recommendation of the Trustees of the Johnston County Library, Comm-issioner R G Gurley moved that Mrs James C Woodard and Mrs JJ Boyette be re-appointed as Trustees of the Johnston County Library for a term of three years,expiring August 1963-Commissioner Frank B Holding seconded the motion, which was carried10 Lulu A Jolliff, Superintendent of the Welfare Department, reported that shehad received several complaints about the manner in which the Boarding Home wasbeing conducted, and reported further that the Welfare Department had adopted string-ent methods in seeing that the children of the old age assistance cases supportedtheir parents where they were able to do so, citing that a parent under the lawcould indict his children for failure to support the parent11 Rupert Barbour, Dog Warden, reported that he had contacted the local managerof the Carolina Telephone and Telegraph Company, who stated that the cost for aprivate telephone line would run about 91678 per monthCommissioner Frank B Holding moved thatRubert Barbour be authorized anddirected to secure a private telephone at a cost of approximately ;1678 per month,with a provision that the Health Department would service the calls of Mr Barbourin his absence from his officeCommissioner R G Gurley seconded the motion, which was carried12 Accepting the recommendation of Commissioner Frank B Holding and W G Massey,Clerk, relative to the hanging of portraits in the courtroom, Commissioner J DBailey moved the adoption of the following resolution429December 5, 1960 ContRESOLUTIONResolved that the County Board of Commissioners create a Committee of threemembers to be designated the Committee on Portraits, which committee shall consistof a member of the County Board of Commissioners, a member of the County BarAssociation, and a third member to be selected by the two members initially appoint -?ed by the County Board of CommissionersIjThe Committee on Portraits shall be responsible for the acceptance, or reject-ion of ortraits offered and shallp , prescribe all necessary and proper requirementsand standards respecting such portraits and -their placement in the courtroom ItIs resolved, however, that portraits accepted for placement in the courtroom be done in oils upon canvass, and be suitably framed, with a standard portrait plaque attach+ed thereto containing the name of the subject of the portrait together with other ;pertinent information relating to the portrait or its donors, and that such por-trait be of a minimum size of not less than thirty -six 36 inches on any sideIt is further resolved that the Committee on Portraits be charged with theresponsibility of consulting with donors of portraits and the supervision of alldetails relating to the placement of such portraits, as well as all matters pertain-ing to ceremonies for the presentation and acceptance of such portraitsCommissioner Floyd C Price, Sr seconded the motion, which was carried13 Commissioner J D Bailey moved that Commissioner Frank B Holding, represent-ing the Johnston County Board ;of County Cbmmissioner -s J-and -Harry E , Canaday;repres-enting the -JohnstonCounty Bar Association; be named as a committee on ortraitsasywided in resolution adopted by the Board of County Commissioners on tecember 5,Commissioner Floyd G Price, Sr seconded the motion, which was carried14 C W Tarlton, Agricultural Farm Agent, reported that the two large barns onthe County Home property located at the rear of the Boarding Home were deteriatingand were a fire hazard and recommended the disposition of the same Mr Tarltonwas authorized and directed by the Board to dispose of said barns to the bestadvantage 15 Daniel G Matthews, CPA, of Smithfield, submitted the annual audit of the Sivarious offices of the County for the year 1959 -60 The copiesof the audit were idistributed to the Commissioners and questions concerning the same were deferreduntil the regular meeting in Januaryi16, W G Massey, Clerk, was directed to ascertain to whom the JPs of the County €were responsible for properly carrying out their duties, and report this informat-ion to the Board at their next meeting17 A discussion was held with Joseph H Levinson, Attorney for the Town of Benson]relative to the equity the County held in the present site of the Benson Armory inview of the 250000 contribution of the County in the initial property obtained bythe Town and County, and an additional ¢250000 contributed by the County in the1959 -60 budget It was the consensus of some of the members of the Board that theCounty should retain a 500000 equity in the present property should it ever revert]to the Town of Benson, which at this time appears remote Mr Levinson maintained Ithat it was his understanding, as well as the members of the Town Board, that the ICounty only expected to retain an equity of 250000, the original contt ibution ;and that the contribution as set out in the budget was more in the nature of a giftsince the Town of Smithfield had received a similar amountAfter further discussion, Commissioner J, D Bailey moved that the contribution itas shown in the 1959-60 budget in the amount of 250000 be treated as a gift andthat an equity of 250000 be retained by the County in the property on which theBenson Armory is locatedCommissioner Frank B Holding seconded the motion, which was carried18 The following reports were filed with the BoardH P PalmerSarah Ann ButtsC W TarltonL P CreechMrs Willye WrightLulu A JolliffHubert BarbourNegro Agricultural AgentHome Demonstration AgentAgricultural AgentVeterans Service OfficerAssistant County LibrarianSuperintendent Welfare DepartmentDog Warden19 Upon the recommendation of W H Britt, Auditor, Commissioner J D Baileymoved that the bid of the Ethical Veterinary Supply Company, of 34 -28 31st Street,Long Island 6, New York for 8 000 doses of phenolized rabies vaccine with anexpiration date of June 1, 191 or later, delivery by February 1, 1961 at 353 `cents per dose, including yyour counties im2rinted stai_nless_steel rabies tags €IA ten {10 dose b ?inefou ing en ?J tags would, therefore, cZst you5353?irtDecember S 1960 ContOn the 500 dosoz of phenolized rabies vaccine with an expiration dateof January 1, 1962 or later we bid 353 Per dose, including your counties imprint -ed stainless steel rabie1 s to s, however, delivery would have to have the flexibil-ity of bet 1, 1 obetween r July 1, 1961bid 0 ce t1500 exttrra 1961 rabies tagswhich would bear the counties imprint, we20 Commissioner Frank B Holding moved that the State Highway Commission berequested to add to the Johnston County Road System and maintain that certainroad in Smithfield Township, known as Whitley Drive and being a distance of 5milesPetition enclosed with this order For reference see James W Whitley, R #3,Smithfield, N CCommissioner R G Gurley seconded the motion, which was carried21 Commissioner Frank B Holding moved that the State Highway Commission berequested to add to the Johnston County Road System and maintain that certain roadin Oneals Township, being a distance of 1 mile and described as followsBeginning on No 1728 at Old Hinton Chapel Church Place, runs thence Eastto D 0 Wilder s farmPetition enclosed W-fth this order For reference see D E Whitley, R #1,Zebulon, N CCommissioner J D Bailey seconded the motion, which was carriedThere being no further business to come before the old Board, the meetingwas adjourned for the purpose of reorganizationChairerkThe Board of County Commissioners of Johnston County reconvened at 400 P YFDecember 5, 1960, with the following Commissioners presentH M Johnson, Chairman, J D Bailey, R G Gurley, Floyd C Price, Sr andFrank B HoldingAbsent NoneThe following organization was effectedCommissioner Frank B Holding moved that H M Johnson be reelected Chairmanof the BoardCommissioner J D Bailey seconded the motion, which was unanimously carriedCommissioner Frank B Holding moved that Commissioner J D Bailey be re-elected Vice- Chairman of the BoardCommissioner R G Gurley seconded the motion, which was unanimously carriedThe following business was transactedi1 Commissioner Frank B Holding moved that J L George be reappointed CountyAttorney for a two year termCommissioner J D Bailey seconded the motion, which was unanimously carried2 Commissioner J D Bailey moved that L P Creech be reappointed VeteransService Officer for a two year termCommissioner R G Gurley seconded the notion, which was unanimously carried3 Commissioner R G Gurley moved that Rubert Barbour be reappointed Dag Wardenfor a two year term431December 5, 1960 ContCommissioner J D Bailey seconded the motion, which was unanimously carried4 Commissioner R G Gurley moved that A4 W Knottbe reelected ElectricalInspector for a one year termCommissioner Frank B Holding seconded the motion, which was unanimouslycarried5 Upon the recommendation of W H Britt, Auditor andTax Supervisor, Commission -er J D Bailey moved thatthe following list takers be appointedfor the year 19611;BannerMrs Charles WoodallBensonBentonvilleMrs Doris C BrittFour Oaks #IBeulahMrs Amie FaucetteKenly # 1Boon HillGlenn SmithPrincetonClaytonMrs Leon W StevensClayton # 2ClevelandMrs Charlie BarefootGarner 1 11ElevationBrant MedlinBenson 1IngramsS Ni BoyetteFoam OaksMeadowPerry ThorntonNewton Grove 1 IMicroClaude AycockMicroOnealsJohnnie B OnealKenly # 2Pine LevelEd L WhiteFine LevelPleasant GroveH C HicksWillow Springs # 1SelmaMrs Mary LammSelmaSmithfieldTax Supervisors OfficeSmithfieldWildersHoyt G CastleberryClayton # 2Wilsons IblillsH S TurnageWilsons Mills6 A discussion was heldrelative to the performance ofT L Upchurch, Tax Coll-ector, in perforiring his dutiesand the collection of taxes Since the Tax Collect -,or holds his appointment atthe will of the Board, CommissionerFloyd C Price, Srmoved that T L Upchurch,Tax Collector, be requested toappear before the Boardat their next meeting for adiscussion of his appointmentand to determine whatcould be done to improve taxcollectionsCommissioner J D Bailey seconded the motion, which was carried7 The complaint of Mr Tom Lucas of the Lucama -Kenly Bank as contained in aletter to the Board relative to the small amount of county funds deposited in hisbank in view of the large amount roquired by the bank to secure said deposit, wasreferred to Chairman H M Johnson for discussion with J Narvin Creech, Treasurer8 Commissioner Frank B Holding moved that the lease with J B Wooten of theJohnston County Produce Market be renewed under the same terms and agreements asprovided in an order of the Board at their regular meeting on December 1, 1958,namely;The produce Market property on Highway 301, with the exception of the areareserved for the dog warden, be leased to J B Wooten for a period of one yearfrom 1 -1 -1961 at the rate of 5200 per month, payable in advance, with the privil-ege of renewing said lease for an additional year, provided, however that shouldJ B Wooten elect to renew the lease for an additional year the county reservesthe right during that period to terminate the lease if the property is needed forcounty use, upon giving sufficient notice to the lesseeCommissioner R G Gurley seconded the motion, which was carried9 In order to provide additional space for the Home Demonstration Department,Commissioner Frank B Holding moved tia t the room in the basement occupied by thejanitor be cleaned and renovated and that all materials not found to be useful bedestroyed and that doors be installed to the-rooms adjoining the center room {?Commissioner R G Gurley seconded the motion, which was carried10 Commissioner R G Gurley moved that W G Massey, Clerk, be directed to jrequest the Department of Archives and History to send a representative to the Countyto examine the old records that had accumulated in the basement of the courthouse todetermine which records should be preserved and w`zich should be destroyedCommissioner J D Bailey seconded the motion, which was carried jr11 W G Massey, Clerk, was directed to contact the Legislators of Johnston County;land arrange a meeting with them and the members of the Board, preferably at a datefrom January I to 151n order that they could discuss and lay plans for proposedlegislation for enactment by the General Assembly12 The report of W H Britt and W G Massey relative to providing blanket bondsfor the employees of the courthouse was deferred until the next regular neting ofthe Board13 Commissioner Frank B Holding moved that the blanket bond # 898498 covering432December 5, 1960 Contthe employees of the Clerk of the Courts office in the amount of 10,OOC with theTravelers Indemnity Company represented by General Services Agency Inc and Bond#898281 of Nora P Southerland, Clerk of the Superior Court, in the amount ofx;25,000 with the Travelers Indemnity Company represented by General Services AgencyInc, be approvedCommissioner R G Gurley seconded the motion, which was carried14 Commissioner J D Bailey moved that the request of the Johnston County Boardof Education to purchase 112 acre in Wilsons Mills Township, adjoining the WilsonsMills School property, in the amount of 050000 from Frances G Wilson be approvedCommissioner R G Gurley seconded the motion, which was carried15 The annual report of Nora P Southerland, Clerk of the Superior Court, wassubmitted and referred to Commissioner Frank B Holding for study and recommendat-ion16 The annual audit of the Johnston Memorial Hospital was submitted and orderedfiled with W G Massey, Clerk17 The request of K G Massey for extra help in the Register of Deeds officefor a period of one month was approved18 The acceptance of a bid for the renovation of the elevator in the courthousewas deferred until the next regular meeting of the Board19 Ordered that H M Johnson, Chairman, be authorized and directed to executefor and on behalf of the County the following lease agreement with Mrs LouiseMcGregorState of North CarolinaJohnston CountyTHIS LEASE AGREEMENT, Made and entered into the 7 day of November, 1960 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 LouiseMcGregor, of the County of Johnston and State of North Carolina, party of thesecond part,WITNESSETHThat 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 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 Townshia, Johnston County,North Carolina, and more particularly described as followsBeginning at a stake on N C Highway # 210 eastern edge of plantationcart way and runs thence in a northerly direction to a point in linewith the southern end of the farm machinery shed located on the countyhome property; thence in an eastwardly direction about 60 feet to apoint in line of the western end of the chicken yard; thence in anorthward direction along the line of the western end of the chickenyard to a point, southern end of pack barn; thence in an eastwarddirection about 20 feet; thence in a northerly direction to the pasturefence; thence in an easterly direction a straight line to a point inthe line of Mrs Alonza Stephenson; thence as her line in a southerlydirection in N C Highway No 210; thence as highway No 219 westwardto the point of beginningTo 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 enumeratedin said Schedule A, hereto attached upon the terms hereinafter statedTERMThis lease shall begin as of the 1st day of November, 1960, and unless soonerterminated as herein provided, shall exist and continue until the 31st day ofOctober, 1961RENTALAs rental for said premises said party of the second part shall ay to theparty of the first and without notice or demand therefor, the sum of ?-00 permonth, per bed for maximum number of beds occupied, payable on or before the 10thday of the following month433December S, 1960 {fontLIGHTS, 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 premisesREPAIRSParty of the second part agrees to accept said premises in their present con-dition, to make all necessary repairs during the term of thislease, except majorrepairs or repairs amounting to more than 5000 for each item and at the terminat-ion thereof to surrender said premises to said party of the first part in as goodj 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 demises premised 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 party ;of the first part The party of the second part agrees to keep the personal prop-party herein leased in good repair and condition, ordinary wear and tear excepted,and it is, also agreed that the party of the second part will replace from timeto time articles of personal 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 or otherwise, by new articles of equal value and quality IIn 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 that itbecomes necessary for party ofthe 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 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 adjudi- cation 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 dhall 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 of thislease, it is agreed that this lease - agreement shall immediately become null and voidand 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 additlonal 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 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 first part434__December 5, 1960 Contand 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 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 Board ofWelfare of North Carolina for adult boarding homes shall immediately and automat-ically terminate this leaseIN TESTIMONY WHEREOF, the County of Johnston has caused these presents tobe signed in its name by the Chairman of its Board of Commissioners, and its Cor-porate Seal to be hereto affixed, and attested by the Clerk of the said Board,all by order of a resolution of its Board of Commissioners duly passed and carried;and the said party of the second part has hereunto set her hand and seal, thisthe day and year above writtenCOUNTY OF JOHNSTONBY Henry M JohnsonChairman, Board of CommissionersAttestW G MasseyClerk, Board of CommissionersMason W Parrish Louise McGregor SEALwitness Party of the Second Part}There being no further business, the meeting adjournedhair man2Ni?e?C1