February 6, 1961 - 11:00 AM - County Board of Commissioners Meeting Minutes

February 6, 19611 7Fit width441Meeting of Board of Commissioners for the County of JohnstonEFebruary 6, 1961The Board of County Commissioners of Johnston County met in regular sessionon February 6, 1961, at 1100 A M, in the Commissioners Room, with the followingmembers present H M Johnson, Chairman, J D Bailey, R G Gurley, Floyd CPrice, Sr and Frank S Holding lAbsent NoneThe following business was transacted i1 Upon the request of Captain Herman Vinson, of Goldsboro, N C, emanatingfrom the delay in the completion of the Smithfield Armory, Commissioner J D Bailey rmoved that 22500 be appropriated from the contingent fund and transferred to theNational Guard Unit Fund for the purpose of paying 7500 per month, the countyspro rata share of rent, on the Smithfield Armory for the months of January, February;and MarchCommissioner Frank B Holding seconded the motion, which was carried2 Upon the recommendation of W H Britt, Auditor, Commissioner Frank B Holdingmoved the period for listing taxes be extended for an additional ten daysCommissioner J D Bailey seconded the motion, which was carried3 Upon the recommendation of W A Creech, member Johnston County Welfare Board,Commissioner Floyd C Price, Sr moved that Ethel S Williams be employed by theJohnston County Welfare Department on a temporary basis beginning February 7, 1961to June 1, 1961 at the rate of 19000 per monthCommissioner J D Bailey seconded the motion, which was carried3 Commissioner Frank B Holding moved that the State Highway Commission berequested to add to the Johnston County Road System and maintain that certain roadin Beulah Township, described as followsThat certain road leading off Princeton Highway between theZeb Watson residence and the Pentecostal Holiness ChurchParsonage for 12 mile coming out in front of Paul D Gradyresidence, adjoining Highway No 222Petition enclosed with this order For reference see Jess Jolliff, Kenly,N CCommissioner R G Gurley seconded the motion, which was carriedl} Commissioner Frank B Holding moved that the State Highway Commission be re-quested to add to the Johnston County Road System and maintain that certain road inClayton Township, described as followsBeginning at a point on Highway 70, runs thence in a circulardirection to a point on Highway 70and is described in map ofthe W R Poole Sub- Division, which is recorded in Plat Book 8,page 51, Johnston County Registry, and being a distance ofapproximately 1650 feetPetition enclosed with this order For reference see Guy M White, Jr, R #2,Clayton, N C Commissioner R G Gurley seconded the motion, which was carried5 Commissioner R G Gurley moved that the State Highway Commission be requested;to investigate and hard-surface that certain road in Micro Township, described asfollowsBeginning at Parrish Memorial Church, runs thence to the GroverGodwin farm, and is known as the Creech Road, being a distance of34 of a milePetition enclosed with this order For reference see J T Creech, R #3,Selma, N C, or W B Oliver, Pine LevelCommissioner Frank B Holding seconded the motion, which was carried6 Commissioner R G Gurley moved that the State Highway Commission investigateand hard- surface that certain road in Meadow Township, described as followsBeginning at N C Highway # 96 west runs thence to Road No1005, being a distance of 11 miles and is designated as RoadNo 1142Petition and sketch enclosed with this order For reference see DennisKinsey, R#2, Benson, N Cr 44February 6 19f1 fontCommissioner Frank B Holding seconded the motion, which was carried7 W G Massey, Clerk, was directed to contact Mr R W Dawson, AssistantDivision Engineer, State Highway Commission,in connection with the following re-quests for road improvementsJames N Allen, D 0 Ivey, Donald Ivey in re Road No 1168, priority No77; W Herman Creech, Oliver Radford and others in re Road No 2321, priority No53, Road No 2322, priority o 155, Alfred Taylor in re 1528 Glenn Pearce in reY YNo 15468 W G Massey, Clerk, was ordered to cancel insurance on the two feed barnsat the County Home, which were given to Edwin Hugh Johnson in exchange for plantingtrees on the County Home Property9 Donnie Stephenson, Chairman, Elbert Stephenson, J J Lee, Mrs W S Marcomand Mrs Harvey Parrish, Trustees of the Pleasant Groves Community Building, display-ed plans for the rebuilding of the Pleasant Grove Community Building with the planscalling for a building 30 x 85 feet, which provides for an assembly room, 30 x 60feet, kitchen, toilet and storage space, and acquainted the Board with the outcomeof their meeting in Providence Church with the people present voting overwhelminglyfor the Trustees to proceed with the rebuilding according to the plans as presentedQuestions arose between the Commissioners and the Trustees as to who shouldhold title to the property, when would money be available, the by -laws, minutesof last meeting, specifications of building, etcTo assure them that they were on firm ground in disposition of the money, theCommissioners requested the Trustees to consult with W R Britt, Acting CountyAttorney, to determine whether their status as Trustees fully met legal requirementsto present the Board with a copy of the by -laws and the minutes of the lastmeeting10 The request of Mrs E L Flowers, of Route # 3, Four Oaks, who acted asspokesman for a group of women of the Rehobeth Home Demonstration Club of ElevatianTownship, which included Mrs J Chester Barbour, Mrs Leon Stephenson, Mrs DwightByrd, Mrs Theron Lassiter, and Mrs Eula Beasley asking financial aid in the amountof 50000 for enlarging the kitchen to the Rehobeth Community Building by 12 x 12feet was takenunder consideration to determine if they could legally render help11 An agreement was reached with R C Browning for him to draw plans andspecifications for the rewiring of the courthouse at a fee of 4 for the plans andspecifications, plus a fee of 10 for inspection with the authority to advertiseand receive bids for the rewiring according to plans and specifications `12 Mr Joe E Creech, Mayor of the Town of Selma, Nuit Edgerton, Town ClerkSmithfield, Jack Austin, Judge Smithfield District Court, Leon Peedin, Judge SelmaDistrict Court, and L H Champion, Judge Clayton District Court, expressed theirviews to the Board concerning proposed reformation of the Johnston County DistrictCourtsMayor Creech said that he did not think the Judge should tell the Commission-ers how the courts should be established and operated He gave figures of the costt of the Selma Court and the money that had been turned over to the County for theyear 1959 -60, amounting to 950855, which was distributed as followsFines and forfeitures to school fund 5735,00Arrest Fees 211800County Sheriff 54-00County Jail Fees 1060025 to General Fund 149485The cost of the court is as followsClerk20000 per monthAssistant Clerk25000 per monthJudge17500 per monthSolicitor17500 per monthRent5000 per monthWater Lights800 per monthHeat1000 per monthMr Creech stated that Selma wished to keep her court but was not opposed toa rotating Judge and Solicitor, but favored the Town employing a Clerk in order tomaintain 24 hour serviceMr Edgerton, representing Mayor Ben Baker, shared substantially the sameviews as expressed by Mr Creech in that the Town of Smithfield would favor a rotat-ing Judge and SolicitorJack Austin of Smithfield District Court presented the following plans whichbore the endorsement of all the District Judges with the exception of Judge Trader,of Benson, which had been discussed with the members of the General Assembly andrequested the endorsement of the Board443February 6, 1,9bl ContTo; The Commissioners of Johnston CountySenator Adam J WhitleyRoy J CoatesBlake T Thomas, Membfr s of the House of RepresentativesGENTLEMENI would like to suggest some changes in the Johnston County District Recorders;,Court set -up as same now exists in this countyI feel that the greater portion of the criticism against our present systemcomes from those people who feel that sometimes justice is circumvented by our pre-sent District Recorders Court jury trials We know that it is necessary to securejurors from the townships which make up each district court and that, as a rule,many defendants can ask for a jury trial in order to bring about a decision of guil-ty or innocence from their good friends and neighborsWe also have some people in this county who feel that some of the towns inwhich District Recorders Courts are now operated have a tendency to subsidize theirPolice Departments by using all of the profits derived from the courts for addition-al clerks, bookkeepers, and desk sergeants I feel that these objections make upa greater portion of the so called evils of our present system in Johnst m CountyIf we could make some changes to correct this, then I feel that a far greater numberof the people of our county would be satisfied with, and are entitled to, the patron-age by the litigants, witnesses and spectators in the various towns where thesecourts are now in operationI have a plan which would eliminate the evils and re- enforce our court system,placing same above criticism and possible graft charges, which is as follows1 I favor the retention of our five district Recorders Courts with the samearea of jurisdiction as we now have2 I feel that the County Commissioners, instead of the governing boards of thevarious towns, should have full power and authority and supervision of allof these courts Therefore, the County Commissioners should appoint thesolicitors in each district court, together with all clerks and otherpersonnel3 Possibly solicitors should be elcted This would be left to the County Comm-issioners and they should also fix the salaries of all judges, solicitors,clerks, and other personnel}} All funds, including all receipts from fines, costs, and bonds should beplaced under the direct supervision of the County Commissioners Allexpenses including the rental of courtrooms, office space, et shouldalso be handled directly under the supervision of the Board of Commissionersof Johnston CountyThe way I see it, the above would eliminate the patronage and financialcriticism that has been made I would like to recommend a change in the trial ofcases which would eliminate almost completely any miscarriage of justiceI am suggesting that no jury trials be held in any of the district RecordersCourts and that all defendants be permitted to appeal their cases directing to theSuperior Court This would do away with any chance of stalling the trial of casesby asking for jury trials and also eliminate, as far as we now have in the SuperiorCourt, the chance of neighbors and close friends passing judgment upon theirneighbors To my mind, these recommendations would greatly strengthen the districtRecorders Courts of Johnston County and would completely eliminate the profitangle of said courts and would Eradicate, so far as humanly possible, any and allmiscarriages of justice Each and every town would still draw the litigants,witnesses, and spectators to their courts, but none of the towns could add specialoffices or employ extra personnel to consume all the profit from said courts Withthese features eliminated and the suggested features installed, I feel that wewould have as strong a system of inferior court as could be found anywhere in NorthCarolinaIt now appears that no one has ever been in favor of our present system ofdistrict Recorders Courts in Johnston County I sometimes wonder how they gotstarted and who asked our Legislators to introduce the bills providing for sameI strongly feel that it is the duty of both our Legislators and our County Comm-issioners to see that the evils of our present system are eliminated and that saidcourts which are so badly needed in this county can be strengthened by a properand appropriate legislation introduced by our Senator and Members of the House andgive us a much strengthened court system, at the same time placing the responsibil-ity for said courts where it should have been at all times, in the hands of theCounty Commissioners 444February 6, 196L ContI have one further suggestions to make which will probably be introduced inour Legislature in the form of a state wide bill This has reference to the useof the drunkometer test which has been so successfully used in many courts throughout the land This would make it easier on the judges and eliminate the chanceof any error, so far as is humanly possible, in returning berdicts of guilty ornot guilty with respect to defendants charged with drunken drivingI honestly feel that the time has came in Johnston County for us to stopcriticizing each other, each district Recorders Court thstwe have in the countyand the system under which we have been forced to operate The present system wasnot introduced by me and I had nothing whatever to do with the organization, juris-diction, jury trial system, or any other phases of our district Recorders Court,but I have had an opportunity, this comes from practical experience, to see someof the weaknesses of our present system; and from my observations, I feel that I amqualified to some extent to make the recommendations which I have made at this timeI feel that this would eliminate criticises of our court system, that it would satis-fy all of the towns who now have courts and that it would please all of the ruralpatrons of the various towns I feel that the responsibility of these proposedchanges should be with the County Commissioners and members of the legislature Itis possible that a new court system will be enacted by the 1961 legislature Ifso, then our county would come under the Act and our present system wouh be abol-ished However, I do feel that we should hamea bill ready to introduce, if it isdeemed right and proper, to correct the present evils of our county district courtsystemRespectfully submitted,Jack AustinAn exchange of views ensued following the submission of the recommendationsas set out above with Judge Austin favoring the Board of Commissioners havingauthority and supervision of the courts in order for the rural people to share inits processes, and that they should share in the responsibility of effectingreformation if they deemed it was needed He stated that if a better plan wasdevised, he would be in favor of it All were in agreement that the courts mouldnot be established and operated primarily for producing revenueThe Commissioners shared the view that it was the responsibility of theGeneral Assembly to affect such reformation in the District Courts as they deemednecessary and that the establishment of the Courts emanated from them and wassolely their responsibility, and that any expressions uttered by the members ofthe Board in regard to the Court were of a personal nature and not made officially13• The following letters received from the Town of Pine Level and the Town ofPrinceton in connection with the Courts were presented to the Board;Johnston County Board of CommissionersSmithfield, North CarolinaThis is to advise that the Town Board of the Town of Pine Level recommendsthat the Recorders Courts stay as they are, except that they be control and super-vised by the County, and that the Jury Trials be transferred to Smithfield to theCounty Superior CourtYour action will be appreciatedYours very truly,Edward L White, MayorJohnston County Board of CommissionersSmithfield, N CThe Town Board of Princeton, N C was confronted with the county courtsituation in Johnston County at a meeting on Feb 3, 1961The board went on record unanimously as approving the following steps toimprove our courts and better improve the use of the court income, to be equallydivided over the county or districtI We recommend that County Commissioners recommend that funds collected, bePut in county School fund and proportioned out equally2 We recommend that courts remain as are, but that sufficient qualificationsbe setup for a judge before he can file for a candidate, or that qualified curcuitjudge be setup for all the countyYours very trulyThe Town of Princeton445February 6,_1961 contMayor S S Lee, SrCommissionersCarl R GurleyR O Oliver, JrDavid BardenMelvin EdwardsNo action was taken by the Board in this matter as they pointed out that theremedy lay with the members of the General Assembly14 Lulu Jolliff, Superintendent of the Welfare Department, brought to the atten-tion of the Board the status of the Geddy family, policy manual for the WelfareDepartment, the difficulty of heating the Thornton Building and presented Mr W ACreech, member of the Welfare Board, who pointed out the need for additionalpersonnel in the Welfare Department Mr Creech stated that the Welfare Departmenthad discovered overpayments in Welfare cases in the amount of 500000 by changesin financial status of recipients and state that to continue such investigationand prevent recurrence of the same that It would be to the advantage of the Countyto supply the Department with sufficient personnel to relieve the case load15 Upon the recommendation of W A Creech, member of Johnston County WelfareBoard, Commissioner Floyd C Price, Sr, moved that Ethel S Williams be employedby the Johnston County Welfare Department on a temporary basis beginning February7, 1961 to June 1, 1961 at the rate of 19000 per monthCommissioner J D Baileyseconded the motion, which was carried16 The followingreport of the Johnston CountyFire Commission was presented byCommissioner, RG Gurley, Johnston County FireCommissioner, and ordered filedwith W G Massey, Clerk1960 Annual Fire Report of All Fire DepartmentsThe Johnston County Fire CommissionDate January1, 1960 through December 31, 1960DEPARMENTSNO FIRESVALUE OF RURAL PROPERTY AMOUNT OFVALUE OF RURALAND CONTENTSDAMAGEPROPERTYSAVEDArchie Lodge522,500006,6500015,85000Benson21124 1750032,4250091,75000Bentonville512,625o05,250007,37500Blackmans X -Rd617,800008,1 00009,70000Brogden12,850006,395 -0017,45500Clayton11,6100016,Qoo0028, 1000Corinth- Holder27F4, 0350036, 850021,6500050 -21013, 000018,60000211,80000Four Oaks619,85000517500014,10000Kenly2898,9000039,1850039 ,000Meadow411,000002,000009,00000Micro1483,100009,150007 ,95000Pine Level1768,2000013,875005,52500Princeton1565,400003,9000061,50000Selma3366,3750017,10000349,07500Smithfield26999,0000064,1400034,86o00Total2470 2,055,82000284,90500850,64o00Total of all fires town and rural roperty saved2,o91,43500Number of food fixes attended109Number of firesassisted otherdepartments 24All of the 16 Fire Departments were inspected on February 1, 1961 and found all oftheir equipment up to standard and good condition by the Johnston County FireCommission composed of President of JohnstamCounty FiremenTs Association, Ed Woodall;Johnston Countys County Fire Chied, Blenn Hinnant, County Board of Education Rep-resentative, E W Ellis and Johnston County Fire Commissioner, R G GurleyThe Commission is proud of the progress made in Johnston County in their Fire Depart-ments Each oommunity has made great strides toward building up their fire depart-mentsTo each Fire Chief and each volunteer fireman, you are to be congratulated on training yourself to be the mst welcome and valuable person when you are needed in yourendeavor of saving lives and property May every citizen lend a helping hand inyour community in supporting your department as well as preventing fire hazardsaround youOther fire departments are needed in Wilsons Mills, 4 Way Service Station 701 High-way, Cleveland and the Stancils Chapel - Thanksgiving - Bethany- Glendale areaIFebruary 6, 1961 ContBy R G GurleyThis report submitted this 6th day of February, 1961R G GurleyJohnston County FireCommissioner17 Commissioner Floyd C Price, Sr moved the adoption of the following motionThat the Board of Commissioners exercise an option offered to us from DrsMabel Broadhurst for the purchase of that parcel of land facing the now 301 Highwayand a side street just behind the old Johnston County Hospital out of funds we nowhave in our agricultural funds, for I know of no other location so well locatedfor an agricultural building Also, let it be understood which is a part of themotion that I fully know it is not in order that we attempt to build at this time,for I realize that due to other important urgent matters twofold which may in yearsto come be in the interest of all our citizens; therefore, we will at such time inthe future as we feel it is in our power to build, to call together our agriculturalminded people and all others in a meeting to help advise with the Board in planningsuch a building We realize it is for our citizens and we should let them havethis opportunity for several reasons, as we are only servants of theirsA discussion followed the motion with the remaining members of the Board feel-ing that the motion was too lengthy and cumbersome and would defeat the primary,purpose for which it was offeredAs a result, the motion failed to receive a second and Chairman H M Johnsonordered that it be tabled18 At the request of Representative C B Thomas, W G Massey presented theBoard with a statement of salaries paid County Commissioners in adjoining CountiesNo recommendations were made by the Commissioners as they felt that Mr Thomasshould determine whether the salaries of the County Commissioners should be placedin line with other Counties19 Commissioner R G Gurley moved that A G Massey, Clerk, be directed to drawup a resolution of respect to the late J L George, County Attorney, and presentsame for adoption by the Board at their next meetingCommissioner Frank B Holding seconded the motion, which was carried20 Commissioner R G Gurley moved that W R Britt be appointed County Attorneyto fill out the unexpired term of J L George, deceasedCommissioner J D Bailey seconded the motion, which was carried21 The report of W H Britt, Auditor, in connection with the preservation anddestruction of records in his department was deferred22- The report of W H Britt and W G Massey in connection with the advertisementfor bids on insurance and bonds of the County was deferred23 On motion made, seconded and carried, it was moved that the bond of ShirleyBaker Renfrow, Deputy Register of Deeds, for an indefinite term beginning January 1,1961 in the amount of 100000 be approved, i24 The report of 11 H Britt and W G Massey in connection with the repairs tothe elevator was dferred25• Motion made, seconded and carried that W G Massey, Register of Deeds, beauthorized to employ additional help for a period of thirty days26 The following reports were filedD R CliftonM W KnottSarah Ann ButtsH F PalmerC W TarltonL P CreechRubert BarbourT L UpchurchCondary StanleyRussell BrittMrs Willye WrightJailorElectrical InspectorHome Demonstration AgentVerbalNegro Agricultural AgentAgricultural AgentVeterans Service OfficerDog WardenTax CollectorDeputy Tax CollectorMonthly JanuaryDeputy Tax CollectorMonthly JanuaryCounty Librarian447February 6, 1961 Conti27 Jiggs Broadwell gave a verbal report of the activities of the Civil DefenseProgram, which consisted in the main of , First Aid courses, moved into new head-quarters with the Town of Selma furnishing light and heat, Radiological course atState CollegeiMotion made, seconded and carried, itwas moved that the meeting be recesseduntil 200 P Al, February 15, 1961, for the purpose of meeting with the Truoteesof the Pleasant Grove Community Building to discuss the rebuilding 9f the PleasantGrove Community Building?l?v?? v??Chairma?