February 21, 1962 - 2:00 PM - County Board of Commissioners Meeting Minutes (Special)

February 21, 19621 7Fit widthMMeeting of the Board of Commissioners for the County of JohnstonFebruary 21, 1962The Board of County Commissioners of Johnston County reconvened in specialsession at 200 P M, February -21, 1962, in the Commissioners Room for the purposeof holding a public hearing on the bond order entitled Bond order authorizing theissuance of 01,250,000 School Bonds of the County of Johnston , with the followingmembers presentH M Johnson, Chairman, J D Bailey, Frank B Holding and R G GurleyAbsent Floyd C Price, SrThe following business was transacted1 The Clerk reported to the Board that the bond order entitled Bond orderauthorizing the issuance of 1,250,000 School Bonds of the County of Johnston ,which had been introduced on February 5, 1962, had been published in The SmithfieldHerald on February 9, 19629 with notice that the Board of Commissioners would holda public hearing thereon on February 21, 1962, at 2 ofcloek, in the afternoon atthe regular meeting room of the Board of Commissioners at the Courthouse, in Smith-field, North CarolinaJ D Bailey moved that the Board proceed to hold a public hearing on the bondorder The motion was seconded by R G Gurley and was unanimously adoptedAt 2 oclock P M, the Chairman announced that the Board would hear any citizenor taxpayer who desired to be heard with respect to the bond order At the direct-ion of the Chairman the Clerk read the bond order and the published notice of hear-ingAfter the Board had heard all persons who requested to be heard, J D Baileymoved that the public hearing be closed The motion was seconded by R G Gurleyand was unanimously adoptedJ D Bailey moved that the following resolution be adoptedWHEREAS, the bond order entitled Bond order authorizing the issuance of1,250,000 School Bonds of the County of Johnston , introduced at the meeting of theBoard of Commissioners held on February 5, 1962, had been duly published with noticeof hearing thereon and the Board of Commissioners has, at the time and place specif-ied in such notice of hearing, heard any and all citizens and taxpayers who desiredto protest against the issuance of the bonds, and such hearing has been closed; andWHEREAS, the County Auditor has, by direction of the Board of Commissioners,filed in the office of the Clerk of the Board of Commissioners a statement of debtincurred or to be incurred for school purposes under bond orders either introducedor passed, complying with the provisions of the County Finance Act, and such state-ment so filed shows that the net indebtedness of the County is 3316 of the assess-ed valuation of property in said County as last fixed for County taxation; NOW,THEREFORE,BE IT RESOLVED BY the Board of Commissioners of the County of Johnston asfollows1 The bond order entitled Bond order authorizing the issuance of 1,250,000School Bonds of the County of Johnston , introduced at the meeting of the Board ofCommissioners held on February 5, 1962, is hereby adopted without change or amend-ment2 The Clerk of the Board of Commissioners is hereby directed to cause acopy of said bond order to be published with the statement as to its adoption pre-scribed by The County Finance Act in The Smithfield Herald, a newspaper publishedin Smithfield in said County, and such publication shall be made in the manner pre-scribed by The County Finance ActThe motion having been duly seconded by R G Gurley, it was unanimouslyadoptedJ D Bailey moved that the following resolution be adoptedWHEREAS, the Board of Commissioners adopted on February 21, 1962, the bond orderentitled Bond Order authorizing the issuance of 19250,000 School Bonds of theCounty of Johnston authorizing the issuance of 1,250,000 School Building Bonds andthe indebtedness to be incurred by the issuance of such bonds and the tax to belevied for the payment of such bonds, and said bond order should be submitted to thevoters of the County of Johnston for their approval or disapproval in order to complywith the Constitution and laws of North Carolina; NOW, THEREFORE,BE IT RESOLVED by the Board of Commissioners of the County of Johnston asfollows581February 21, 1962 Cont1 The question whether the qualified voters of the County of Johnston shallapprove or disapprove 1 the indebtedness to be incurred by the issuance of thebonds of the County of Johnston authorized by said bond order, and 2 the levy of atax for the payment thereof, and 3 said bond order shall be submitted to thequalified voters of the County of Johnston at a special election to be held in saidCounty on April 6, 19622 The Clerk of the Board of Commissioners is hereby authorized and directedto publish a notice of said election which shall be in substantially the followingformCOUNTY OF JOHNSTON, NORTH CAROLINANOTICE OF SPECIAL ELECTIONNOTICE IS HEREBY GIVEN that a special election will be held in the County ofJohnston, North Carolina, on April 6, 1962, for the purpose of submitting to thequalified voters of said County the question whether they shall approve or disapprove,1 the indebtedness to be incurred by the issuance of bonds of said County of themaximum principal amount of 1,250,000, and 2 the levy of a tax for the payment ofsuch bonds, and 3 the bond order entitled Bond Crder authorizing the issuance of61,250,000 School Bonds of the County of Johnston adopted by the Board of Commission-ers on February 21, 1962, to authorize the issuance of said bonds and the levy ofsuch tax The bonds are authorized to finance the cost of constructing in theJohnston County School Administrative Unit, several new buildings to be used as school -houses, school garages, physical education and vocational education buildings, teach-erages and lunchrooms and other school plant facilities and to enlarge, by the erect-ion of additions, several existing buildings located in such unit and used for suchpurposes, and to acquire land, furnishings and equipment necessary for such new orreconstructed or enlarged buildingsThe ballots to be used at said election shall contain the words For the bondorder authorizing 1,250,000 bonds to finance the cost of constructing, reconstruct-ing and enlarging, in the Johnston County School Administrative Unit, several build-ings used and to be used as schoolhouses, school garagps, physical education andvocational education buildings, teacherages and lunchrooms, and other school plantfacilities and of acquiring the land, furnishings and equipment necessary thereof,and a tax therefor11, and the words P gainst the bond order authorizing 1,250,000bands to finance the cost of constructing, reconstructing and enlarging, in theJohnston County School Administrative Unit, several buildings used and to be usedas schoolhouses, school garages, physical education and vocational education build-ings, teacherages and lunchrooms, and other school plant facilities and of acquiringthe land, furnishings and equipment necessary therefor, and a tax,therefor , with,squares opposite the affirmative and negative forms in one of which squares thevoter may make a mark X to indicate his choiceIn the event that a majority of the qualified voters shall vote to approve theincurring of such indebtedness and the levy of such tax, said bonds shall be issuedand a tax shall be levied for the payment of such bonds-The polls for the election will open at the hour of 630 oclock A M, andwill close at the hour of 6 30 oclock, P M, Eastern Standard Time The electionwill be held at the same polling places at which the last election was held inJohnston County for the election of members of the General AssemblyThe registration books shall be opened for the registration of voters at 900oclock, A M, on Saturday, March 10, 1962, and shall be closed at sunset on Satur-day, March 24, 1962 On each day Sundays excepted during such period, the Regist-rar for each election precinct in the County will keep Me book open between thehours of 9 00o clock A M, and sunset for the registration of voters in such elect-ion precinct On each Saturday during such period each Registrar will attend atthe polling place in his election precinct between the hours of 900 oclock, A M,and sunset for the registration of votersBy order of the Board of Commissioners of the County of JohnstonDated, February 21, 1962signed W G MasseyClerk of the Board of Commissionersof Johnston County, North CarolinaSaid notice shall be published three times and there shall be an interval of atleast one week between said publications and the first of such publications shall benot later than thirty days prior to the date of such election3 The polls for said election shall be opened and closed at the times andat the places stated ins aid notice and electors shall be registered for said elect-ion in the manner stated in said notice4 The County Board of Elections is hereby requested to print and distributethe necessary ballots and to provide the registration books, booths, ballot boxesand other equipment for the holding of said election and to conduct and to supervise582February 21, 1962 Contsaid electionR G Gurley seconded the motion and the motion was unanimously adoptedNorth Carolina association of County CommissionersCommissioner J D Bailey moved that the North Carolina Association of CountyCommissioners, 206 Lennox Building, Chapel Hill, be paid 36500, representing member-ship service fee for the year 1962Commissioner Frank B Holding seconded the motion, which was carriedBy -Laws Pleasant Grove Community BuildingW R Britt, County Attorney, presented proposed by laws for the Pleasant GroveCommunity Building, which had been prevviously endorsed by a vast majority of thecitizens of Pleasant Grove Township at a meeting called for that purposeCommissioner Frank B Holding moved that the following proposed by laws for thePleasant Grove Community Building be approved and adoptedProposed By -laws for Pleasant GroveCommunity Building1 There is hereby created a Board of Trustees consisting of five members to beknown as the Board of Trustees of Pleasant Grove Community Building The membersof the Board of Trustees shall be citizens and residents of Pleasant Grove Township,Johnston County, North Carolina, and must be at least twenty -one years of age Theterm of service on the Board of Trustees of each member shall be for a period offour years The County Surveyor for Johnston County shall divide said township intofive geographical districts, and all persons over the age of twenty -one years ineach of said districts shall have the right to vote for the Trustee in his districtThe Pleasant Grove Building Committee shall designate a time and places for votingfor said trustees during the month of March 1962 Thereafter in March 1966 and everyMarch thereafter quadrennially, the Board of Trustees of Pleasant Grove CommunityBuilding shall designate a time and places for the election of the Board of Trusteesof Pleasant Grove Community Building The election of the trustees in each of thefive districts shall be conducted simultaneously At least ten days notice shallbe given of the time and places for said election, and notices shall be posted in atleast one public place in each of said voting districts, and in at least two issuesof a newspaper in Johnston County of prominent circulation in Pleasant Grove Townshipprior to said election Nominations shall be made for the Trustee in each districtat each of said district elections as specified hereinabove, and there shall be asecret ballot if there is more than one nominee for trustee in each of said districtsAt the March 1962 election in each of said districts, the citizens so assembled maytemporarily designate a person to preside over the nominations for said trustees andto conduct said election Thereafter in March 1966 and each March quadrenniallythereafter, the Trustee in each district shall preside at the time of the ruminationsand to conduct said election After each election is hereafter held and conducted,the names of the winners for trustees in all of said districts of Pleasant GroveTownship shall be turned over to the Clerk of the Board of Commissioners of JohnstonCounty who shall thereafter present said names to the Board of Commissioners ofJohnston County at the next regular meeting of said Board in April The Board ofCommissioners of Johnston County shall then duly declare said persons as the Boardof Trustees of Pleasant Grove Community Building for the neXt four years, and theterm of said trustees shall begin immediately upon such declaration by the Board ofCommissioners of Johnston County If any district should fail to have such electionat the time specified above, the Board of Commissioners of Johnston County shallappoint a person of their own choosing from that district at the time of the declara-tion of trustees stated above2 The Board of Trustees of Pleasant Grove Community Building shall elect a chair-man, a secretary, and a treasurer Each of said officers shall be elected for fouryear terms The treasurer shall have custody of all funds of said Community Build-ing The Board of Trustees shall see that an accounting system is maintained in sucha manner as to give a true and accurate account of all financial transactions of thePleasant Grove Community Building The treasurer shall make a quarterly report of thereceipts and disbursements to the Board of Trustees An annual audit of the treasur-ers records shall be made by the chairman of the Board of Trustees and one othermember of said Board, but the other member of the Board shallnot be the treasurerSaid other member of the Board for the annual audit shall be designated by the Chair-man The annual audit shall be made as of December 31 of each and every year, and acopy of said annual audit shall be filed with the Clerk of the Board of Commissionersof Johnston County on or before February 1 of each year Said annual audit shall bea matter of public record and shall be open to inspection by any citizen residing inPleasant Grove Township3 No trustee shall have a personal pecuniary interest, either directly or indirect-ly, in the purchase or sale of anything for and of the Pleasant Grove CommunityBuilding, unless the price of the same shall be determined by competitive biddingIn the event of the absence of said Trustee, the citizens so assembled at saidelections may temporarily designate a person to preside over the nominations andto conduct said election583February 21, 1962 Cont4 The trustees shall make and adopt such rules and regulations for the Pleasanti Grove Community Building as may be deemed wise and expedient for the economic, equit Iable and wholesome conduct and operation of said community building5 The Board of Trustees shall hold meetings at least once in every three months,and the secretary shall keep a complete record in writing of all the proceedings ofsaid Board Notice shall be given each member by the secretary for each meeting ofsaid Board The Chairman and two members of the Board of Trustees shall constitutea quorum6 The Board of Commissioners of Johnston County may at any time after notice andhearing remove any member of said Board of Trustees for gross inefficiency, neglectof duty, immoral conduct, conviction of any felony or any other crime involvingmoral turpitude If any trustee shall be removed for any of the reasons abovespecified, or if any of said trustees shall die or resign during the term of office,the remaining trustees shall recommend to the Board of Commissioners of JohnstonCounty a person to fill said vacancy In the event that the remaining trustees cannot agree on a person to fill said vacancy, the Board of Commissioners of JohnstonCounty shall appoint a person of their own choosing to fill said vacancy7 The Board of Trustees shall have the authority to solicit and receive money,personal property, or real estate for the benefit of the Pleasant Grove CommunityBuilding The said Board of Trustees shall be authorized to purchase furniture,supplies, and any other property which shall become necessary for the operation ofsaid Pleasant Grove Community Building Said Board of Trustees is authorized tomake repairs and additions upon said building from time to time as the conditionsmay warrant8 The Pleasant Grove Community Building shall be used for primaries, elections,registrations for primaries and elections, ASC elections, agricultural meetings,and home demonstration meetings without charge The Board of Trustees may allowother public - spirited and patriotic organizations to use said building withoutcharge No meeting shall be scheduled on primary or election days or on registrat-ion days which will in any way interfere with the orderly conduct of said primaries,elections and registrations9 The Board of Trustees shall have the authority for fixing regulations for theuse of said building and the conduct of persons so using said building Charges forthe use of said building, except as Noted in Paragraph 8 above, may be made for theuse of said building, and said charges shall be made by said Board of Trustees assaid Board shall see fit No person shall have the use of said building for privategain, and no person shall charge for admissions to any event for private gain10 Said Board of Trustees shall provide for fire and other hazard insurance in anamount to be approved in January of each and every year hereafter by the Board ofCommissioners of Johnston County11 The Board of Commissioners of Johnston County reserves the right to amend,modify, revise, or repeal any and all of the by -laws and provisions of this resolut-ion Any rule, regulation or procedure established by the trustees in conflict orinconsistent with the provisions of this resolution shall be null and void and of noeffectCommissioner J D Bailey seconded the motion, which was carried3 Lease Agreement Johnston Boarding HomeCommissioner Frank B Holding moved that H M Johnson, Chairman, be authorizedito execute for and on behalf of the County Lease Xgreement between the County and MrLouise McGregor, covering Johnston County Boarding HomeState of North CarolinaJohnston CountyTHIS LEASE AGREEMENT, made and entered into the 7th day of November, 1961, byand between the County of Johnston, a body politic and corporate, created by theGeneral ssembly of North Carolina, party of the firstpart, and Mrs Louise McGregor,of the 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 Lessee 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, North;Carolina, and more particularly described as followsBeginning at a stake on N C Highway h210 eastern edgeof plantation cart way and runs thence in a northerly584February 21, 1962 Contdirection 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 pointin line of the western and of the chicken yard; thence inas northwward direction along?Xthe line of the western endJetg? i i ? tYi o?fF? Map the c tqf pack barn;o r o o e pas urd fence; thencein an easterly direction a straight line to a point in theline of Mrs Alonza Stephenson; thence as her line in asoutherly direction in N C Highway No u0; thence as high-way No2ri0 westward to the point of beginningTo have and to hold the said fftiate and premises together with all privilegesand appurtenances thereunto belonging to the said party of the second part for theterm and upon the conditions hereinafter set forth and to have the possession of allof the personal property located on said real property enumerated in said Schedule Aa;hereto attached upon the terms hereinafter stated;TERMThis lease shall begin as of the Ist day of November, 1961, and unless soonerterminated as herein provided, shall exist and continue until the 31st day of October1962RENffALAs rental for said promises said party of the second part shall pay to theparty of the first and without notice or demand therefor, the spun of 400 per month,per bed for maximum number of beds occupied, payable on or before the 10th day ofthe 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 premisesREPAIRSParty of the second part agrees to accept said premises in their present con-dition, to make all necessary repairs during the term of this lease, except majorrepairs or repairs amounting to more than 5000 for each item and at the terminationthereof to surrender said premises to said party of the first part in as good condit-ion 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 w_ich involve struct-ural 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 property here-in leased in good repair and condition, ordinary wear and tear excepted, and it isalso agreed that the party of the second part will replace from time to time articles;ofpersonal property such as sheets, pillow cases, bedspreads, mattresses, and otherlinens, etc listed in Schedule A as the same become obsolete and worn out fromusage 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, the party of the first part agrees to reimbursethe party of the second part for the undepreciated value of said alterations, add-itions and repairs, based upon the life or term of the lease; but if said lease isterminated by the party of the second part, for any cuase, said party of the secondpart shall be entitled to no reimbursement for alterations, 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 of the 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 adjudication shall terminate and cancel thisFebruary 21, 1962 Contlease 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 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 terminateFORFEITURE AND 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 its optionat any time during such default declare this lease terminated and cancelled and takepossession 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 NorthCarolina for adult boarding homes shall immediately and automatically terminate thisleaseIn Testimony Whereof, the County of Johnston has caused these presents to besigned in its name by the Chairman of the 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 and yearabove writtenCOUNTY OF JOHNSTONBy Signed H M JohnsonAttest Chairman, Board of CommissionersSigned W G MasseyClerk, Board of Commissioners Signed Louise McGregor SealParty of the Second PartSigned Mrs Sam CooperWitnessCommissioner R G Gurley seconded the motion, which was carried4 RoadCommissioner Frank B Holding moved that the State Highway Commission be req-uested to add to the Johnston County Road System and maintain that certain road inClayton Township, being a distance of 2 of a mile and described as followsAtkinson Street, Clayton TownshipPetition and sketch enclosed with this order For reference see Willie Earp,120 ALtkinson Street, Clayton, N CCommissioner R G Gurley seconded the motion, which was carried5 Welfare Department1 Lulu A Jolliff reported two ADC casesin her department in which fraud,-was evident created by withholding or giving false information She stated thatA R Britt, County Attorney, had received an opinion from the Attorney General asto these cases and that in the opinion of the Attorney General the County udder thepresent law would not be able to obtain a conviction The concensus of the Boardwas that she exercise every effort to prosecute these cases, either by warrant or byGrand Jury action, preferably the latter h R Britt, County Attorney, who was present during the discussion advised theBoard that he intended bringing this weakness in the law to the proper authoritiesin the hope that legislation could be enacted to strengthen the law relating to suchcasesFurther that W R Britt, County Attorney, was requested to bring appropriateaction as provided in GS 108301 to enforce all active liens in favor of JohnstonCounty6 Quit -claim deed to Panaa Crone EasonUpon the recommendation of Rhetta Martin, County Tax Attorney, and the approvalof J R Britt, County Attorney, Commissioner R G Gurley moved that the followingresolution be adoptedFebruary 21, 1962 ContWhereas, it has been determined by the investigation of Rhetta Martin, CountyTax Attorney, and R E Batton, local Attorney, that the county foreclosed for thenon - payment of taxes two lots on Main Street in the Town of Clayton in the name ofW H Wall and,Whereas, there were two W H Walls owning property on Main Street, one beingWilliam Harris Wall and one being William Henderson Wall, andWhereas, the property described in the deed to the County of Johnston by Ed FWard, Commissioner, dated January 16, 1933 and recorded in Book 306, page 219,Johnston County Registry, sets out and refers to two lots on Main Street in WestClayton conveyed by C H Hill and wife by deed recorded in Book 129, page 410 and411, which lots were the property of William Harris Mall in lieu of the propertyactually being foreclosed, which was owned by W Henderson Wall and conveyed to himby John T Talton and wife, by deed recorded in Book U -11, page 533, Registry ofJohnston County, conveying one lot, andWhereas Panza Orena Eason, daughter of W Henderson Wall, purchased the propert?from the County, paying all delinquent taxes and receiving a quit -claim deed fromthe Board of Commissioners dated January 3, 1943 and recorded in Book 432, page 101,Registry of Johnston County;Now therefore, in consideration of the sum of 100 and in order to correct thedescription of the property foreclosed, it is ordered that a quit -claim deed be madeto Pans Orena Eason, her heirs and assigns, subject to the right, title and interestas Johnston County has in that certain lot or parcel of land, situate in the Townof Clayton, North Carolina, and described as follows;BEGINNING at the corner of T J Bledsoes lot on the extension ofMain Street of Clayton, N C, runs S 45 west with T J Bledsoesline 213 feet to a stake in D 0 McCullers line; thence S 45 E-522 feet; thence N 45 E 213 feet to the said extension of Main Street;thence N 45 W 52 feet to the beginning and containing a little morethan one - fourth 14 of an acre, and being the identical lot conveyedto W Henderson Wall by deed recorded in book U -11, page 533, of theJohnston County RegistryCommissioner J D Bailey seconded the motion, which was carried7 Tax CollectorActing upon a request of T L Upchurch, Tax Collector, Commissioner Frank BHolding moved that T L Upchurch, Tax Collector, be authorized and directed tocontinue the employment of additional help in his office during the months of Feb-ruary and March for the purpose of sustaining the collection of delinquent personalproperty taxesCommissioner J D Bailey seconded the motion, which was carried8 Department of Archives and HistoryThe request of A M Patterson, Assistant State Archivist, relative to thedisposition of certain records in the Clerk of the Courts office, Register of Deedsoffice and the Auditors office, was deferred pending investigation and recommend-ation by W R Britt, County AttorneyOn motion made, seconded and carried, it was moved that the meeting be recesseduntil February 26, 1962, at 8 00 P M, to meet with staff members of AssociatedSurveys, Inc for the purpose of arriving at a schedule of values for the revaluationof real oronerty in the CountvLM icLtir?-?I?airman