December 4, 1967 - 11:00 AM - County Board of Commissioners Meeting Minutes

December 4, 1967 - Regular1 8Fit widthSe°39Meeting of Board of Commissioners for the County of JohnstonDecember 4, 1967The Board of County Commissioners met in regular session in its office in the Courthouse,December 4, 19671 at 11 oclock am, with the following members presentH M Johnson, Chairman, J D Bailey, Frank B Holding, Norman C Denning and Adam JWhitley, JrAbsent NoneThe following business was transacted1 Request - Soil Conservation BoardWilliam T Allen, Chairman, Carl Peacock and Carl Bagley, members of the Soil ConservatioBoard of Supervisors, along with James Griffin, Director of the Johnston County Soil ConservatioService, appeared before the Board and requested that an annual appropriation of 6,00000 peryear for five 5 years be made for the use of the Soil Conservation Board for supplementingthe cost of an extensive soil survey, which is now in progress and being financed by the FederalGovernment It was explained to`the Board of Commissioners that the requested County contri-bution towards the financing of this project would accelerate its completion by at least ten10 years William H Perry, FHA Supervisor, was present and endorsed this request, statingthat an extensive soil survey would be very helpful to his department and suggested thepossibility of the appointment of a planning board and possibly a zoning committee, which hesaid would be very beneficial to his department as a loaning agencyThe Board of County Commissioners expressed much interest in this project and afterconsiderable discussion decided to give the matter further study Therefore, no formal actionwas taken at this time2 ReportsThe following reports were filed with the Boardj M W Knott Electrical InspectorHarper Godwin Tax Collectorj? H F Palmer Agriculture Extension Agent9Iw L P Creech Veterans Service OfficerIC Edith Park Welfare Director?i Eleanor Hooks Librarian3 Financial Request - Water and Sewer - ClaytonA delegation from Clayton composed of Mayor William Bagley and Commissioners, RoyAtkinson, Eugene Canaday, Richard Woodard, Melvin Grisson and M W Knott, along with membersof the Clayton Development Corporation, President Troy Page, Jr, Vice President Bobby Guptonand Secretary- Treasurer J H Nappier, appeared before the Board of Commissioners and askedassistance in extending water and sewer lines to the site of a prospective industry just northof Clayton, where the Clayton Development Corporation proposes to purchase a site and constructa building costing approximately 175,000 Mr Page stated that the company would install anestimated 75,000 worth of equipment and that the industry would employ at least 100 personswithin three to six months after operations are begunAfter hearing the Clayton delegation, Commissioner Frank B Holdingmade a motion thatthe Board go along with the request to the extent of not over 25,000 on the same basis andwith the same agreement that the Board of Commissioners had with the Town of Smithfield inregards to the financing of water and sewer construction from the city limits to the SylvaniaElectric Products, Incorporated site Whereby, the County will pay the construction costbeyond the city limits and receive all tap -on rights to help repay the investment for a periodof five years The town will maintain the County portion of the lines from the date ofcompletion forward and will construct necessary lines within the town limits, and at the end ofthe five year period will- receive title to the county portion with a continuing obligation tomaintain and that the Board of Education of Johnston County and the County of Johnston, and anyof its governmental agencies will not have to pay to the Town of Clayton any rights to tap -on said water and sewer lines at any timeMotion was seconded by Commissioner Norman C Denning and carried unanimously4 L T Thompson - Sanitation GradeL T Thompson of Smithfield came before the Board and stated that he had been unableto get a sanitation grade for his restaurant located on 301 South of Smithfield limits and thathe on several occasions had talked to the County Sanitarian of the Health Department in regardsto this matter and had been given no specific reason Why his grade was being withheld MrThompson asked the Board of Commissioners to look into the matter and Chairman Johnson advisedj? him that he would personally check with the Health Department in regards to this matteriDecember 4, 1967 Cont5 Hastings House AssociationMrs Denton Lee of Smithfield representing the Hastings House Association appeared beforethe Board requesting that the Association be allowed to use the County property between theHastings House on FirstStreet and the American Legion for landscaping purposes, it was broughtout in the discussion that the American Legion Post of Smithfield wished to use some of theproperty lying next to the Legion HutThe Board expressed willingness to grant the Hastings House Association and the AmericanLegion Post permission to use the vacant river bank property on a leased basis onlyUpon a motion by Commissioner J D Bailey and seconded by Commissioner Frank B Holding,and adopted, Chairman Johnson appointed a committee composed of County Attorney, W R Britt,County Commissioner Adam J Whitley and County Surveyor, William Ragsdale, to consult withrepresentatives of the Hastings House Association and the American Legion Post in regards to theuse of the vacant area and was directed to report their recommendation to the full board ofCommissioners at a later meeting6 Annual Re ort - Clerk of Superior CourtJames C Woodard, Clerk of Superior Court presented to the Board the annual report ofthe Office of Clerk of Superior Court of Johnston County, which is as followsNORTH CAROLINAJOHNSTON COUNTYTOTAL ASSETS 587,75402L I A B I L I T I E SfIUNDISTRIBUTED COSTSLaw Library Fund 76500State Tax 17900General Fund 1254988School Fund 22000Superior Court - Civil 10036Superior Court - Criminal 2,78646Divorce Record 400Special Proceedings 49198Counsel Tax 4000 6913668IrvTO THE BOARD OF COUNTY COMMISSIONERS OF JOHNSTONCOUNTYPursuant to Section 956, North Carolina Code, James C Woodard,Clerk of the SuperiorCourt, hereby tenders an accounting of all moneys he nowholds in his hands by virtue of theoffice of Clerk, of the Superior Court of Johnston CountyBALANCE SHEET AS OF DECEMBER -1, 1967A S S E T SCASH AND CASH ITEMSCash on Hand 24860Bank Balance December 1, 196733,89336Plus Deposit November 30, 1967_ 1726534,06601Less Outstanding Checks925433724,52264TRUST FUNDS SAVINGS ACCOUNTS483298278TRUST FUNDS SECURITIES - HELD FOR SAFEKEEPINGAllen, Gloria E1190000Allen, Maurella C1,90000Buie, Brenda Faye5900000Coats, Ruth Genever, E T Coats, Gdn2170000Davidian, Vartan A, Jr30000Hamilton, Rebecca Carol4100000Johnson, Lizzie W, Incp,F B Holding, Trustee59,00000Scott, Elmer M, Jr1,75000Sharpe, Ronald V1,00000Williams, Bobby Lynn, Kay T Tart, Gdn194500079,00000 _TOTAL ASSETS 587,75402L I A B I L I T I E SfIUNDISTRIBUTED COSTSLaw Library Fund 76500State Tax 17900General Fund 1254988School Fund 22000Superior Court - Civil 10036Superior Court - Criminal 2,78646Divorce Record 400Special Proceedings 49198Counsel Tax 4000 6913668Irv54December 4, 1967 ContL I A B I L I T I E SUNDISTRIBUTED COSTSDomestic Relations Court 23405Law Library Fund 900State Tax 5400General Fund 16205j? TOTAL LIABILITIES 45910The foregoing report is respectfully submitted to be true in all respects and to beconclusive as to all moneys held in hand by James C Woodard, Clerk of the Superior Court, onthis the first day of December, 1967Sworn to and subscribed beforeme this 4 day of December, 1967James C WoodardGeorge M Willets Clerk of the Superior CourtAssistant Clerk Superior Court of Johnston CountyJohnston County7 L P Creech Requestj? At the request of L P Creech, Veterans Service Officer, Commissioner J D Bailey movedPthat 1000 be transferred from the Contingent Fund to pay for one 1 day extra help in theVeterans Service OfficeCommissioner Norman C Denning seconded the motion which carried8 Fireworks Display - Howard Johnsonse In response to a request from Mr J D Fleming, manager of Howard Johnsons Restaurantand Motel, requesting the Board of Commissioners to permit him to use a fireworks display atthe Howard Johnsons location on I -95 and 70 -A East of Smithfield on December 29, 1967, and inwhich Mr Fleming assured the Board that the fireworks display would be controlled by competentpersonnel, and that those responsible for putting on the display would assume full responsibilitfor liability and take on all necessary safe guard in order to protect life and property duringthe displayCommissioner Frank B Holding moved that the request be granted pursuant to the provisionsAof G S 14 -413 for the use of fireworks on above mentioned dateThe motion was seconded by Commissioner Norman C Denning and carriedINDIVIDUAL TRUST ACCOUNTSTrust Funds - Savings 483198278Trust Funds - Checking11920457Securities79,00000574,18735MISCELLANEOUSCash Bonds 30000Judgments Payable54599Justice of the Peace Appointments750J P State Tax66300Land Raises55913507942999TOTAL LIABILITIES587175402D O M E S T I C RE L A T I O N SA S S E TSCASH AND CASH ITEMSBank Balance December 1, 1967 3,53643Plus Deposit November 30, 1967195003,73143Less Outstanding Checks312723345910TOTAL ASSETS 45910•L I A B I L I T I E SUNDISTRIBUTED COSTSDomestic Relations Court 23405Law Library Fund 900State Tax 5400General Fund 16205j? TOTAL LIABILITIES 45910The foregoing report is respectfully submitted to be true in all respects and to beconclusive as to all moneys held in hand by James C Woodard, Clerk of the Superior Court, onthis the first day of December, 1967Sworn to and subscribed beforeme this 4 day of December, 1967James C WoodardGeorge M Willets Clerk of the Superior CourtAssistant Clerk Superior Court of Johnston CountyJohnston County7 L P Creech Requestj? At the request of L P Creech, Veterans Service Officer, Commissioner J D Bailey movedPthat 1000 be transferred from the Contingent Fund to pay for one 1 day extra help in theVeterans Service OfficeCommissioner Norman C Denning seconded the motion which carried8 Fireworks Display - Howard Johnsonse In response to a request from Mr J D Fleming, manager of Howard Johnsons Restaurantand Motel, requesting the Board of Commissioners to permit him to use a fireworks display atthe Howard Johnsons location on I -95 and 70 -A East of Smithfield on December 29, 1967, and inwhich Mr Fleming assured the Board that the fireworks display would be controlled by competentpersonnel, and that those responsible for putting on the display would assume full responsibilitfor liability and take on all necessary safe guard in order to protect life and property duringthe displayCommissioner Frank B Holding moved that the request be granted pursuant to the provisionsAof G S 14 -413 for the use of fireworks on above mentioned dateThe motion was seconded by Commissioner Norman C Denning and carried542December 4 1967 Cont9 Secondary Road Ratings and Program for 1968 -1969 PresentedMr W H Pridgen, District Engineer with the State Highway Commission, appeared beforethe Board and presented the Secondary Road Ratings and Program for Paving for 1968 -1969FAfter reviewing with Mr Pridgen the proposed paving program for the ensuing year,Commissioner Adam J Whitley, Jr moved that the following resolution be adoptedA P0,nT T TT TNWhereas, the Board of County Commissioners of Johnston County have received from W HPridgen, District Engineer of the State Highway Commission, secondary road ratings and programfor paving for 1968 -1969 as presented by Mr Pridgen, all of said roads being a part of thesystem maintained by the State Highway Commission;And whereas, after careful consideration of the services rendered by-said roads and thetraffic demands of said County, it is deemed necessary that said roads be improved, in order tobetter serve the interests of the people of the County;Now therefore, be it resolved that the Board of County Commissioners of Johnston Countyhereby approve and request that the State Highway Commission make the following improvements inthe roads listed below1968 - 1969 SECONDARY BOND PROGRAMJohnston CountyjPriority Road Grade, Drain Bridge or TotalNo No From To Length Stab Pave Large Pipe Amount112120SR2117SR19341733,50000201918US70SR19132652,00000212144US301SR21431224100000221209SR1159231357US301242126NC39252308SR2307262385SR2342272152SR2157I -95 Serv 18?t• ••NoneNone65,00000Bridge #229None33,5000052,0000089,0000036,0000019,00000Rd19,00000SR135611SR212717SR230904SR234514SR214913TOTAL?t• ••NoneNone65,00000Bridge #229None33,5000052,0000089,0000036,0000019,00000None19,0000033150000None332500008200000None8,0000028,00000None2820000026,00000None26,00000 _ 260,0000065,00000325,00000Commissioner Norman C Denning seconded the motion, which carried unanimously10 Jury Commission ReportMr A G Glenn, Chairman of the Johnston County Jury Commission, appeared and made thefollowing report;Smithfield, N CNovember 29, 1967REPORT OF THE JURY COMMISSION OF JOHNSTON COUNTYIn preparing the prospective jury list for Johnston County for the biennium, 1968 and1969,, the Jury Commission used the tax lists and the voter registration records of the countyNo other lists were usedNames, in alphabetical order, and addresses were copied from the tax lists and voterregistration records of the county by the office of the Clerk of Superior CourtThe members of the commission then took these lists and eliminated the names from thevoter registration fists that were on the tax lists It was more practical to eliminateduplicate names from the registration lists because these records were approximately three yearsold except for new registrants and the addresses were more nearly complete and accurate on thetax-lists which were made during January and February of 1967After eliminating the duplicate names from the voter registration lists, the Commissionmembers took the lists for the townships -that they were familiar with and proceded to eliminatethe names of persons who had died, who had moved from the county, who they knew had beenconvicted of a felony or had pleaded nolo contendere to an indictment charging a felony, who hadbeen adjudged non compos mentis, who were mentally or physically incompetent, who were notcitizens of the State, and those who were not twenty one years of age from the tax listsih?q1J December 4, 1967 ContIn addition to their own personal knowledge of these facts, the commission membersconferred with a number of reliable citizens who helped them with determining facts not knownto the commission members The Clerk of the Superior Court had a list prepared of those people who had served asj jurors in the Superior and Recorders Courts during the last two years These names were alsoeliminated from the two listsAfter all of the legally disqualified names were eliminated, the commission found thatapproximately 11,000 names remained on the tax lists and approximately 8,300 on the voter? registration listsSince about 11,500 names were needed on the prospective jury list to meet the legalrequirements of approximately three times those who had been drawn to serve as jurors duringthe past two years in both the Superior and Recorder-,2,1 Courts, the commission decided to useevery 1st name, omitting the 2nd, name, from the voter registration lists and every 1st and 2ndname, omitting the 3rd name, from the tax lists Since it was not practical to use the sameproportion from both lists, a bigger percentage was used from the tax lists because theseaddresses were more complete and accurateWhere addresses were found to be incorrect, the commission members made every effort tocorrect themThe commission met approximately once each week to discuss its work and decide onprocedures and problemsAfter the cards were typed and placed in alphabetical order, a few duplicates were foundThese were eliminated before the cards were numberedThe members of the Jury Commission would like to express our appreciation to everyindividual and county offices for the excellent help that was given us in preparing thisprospective jury list Mr W H Britt, County Auditor and Tax Supervisor, Mr Marvin Taylor,,Chairman of the County Board of Elections, Mr W G Massey, County Register of Deeds, MrWilliam R Britt, our Representative in the General Assembly of North Carolina and Attorney forour Board of County Commissioners, our Board of County Commissioners, and Honorable Harry ECanaday, Resident _Judge of the Superior Court, 11th Judicial District of North Carolina, weremost cooperative and helpfulOur special thanks go to Mr James C Woodard, our Clerk of Superior Court, and hisefficient staff for the invaluable assistance given to us We could not have done this workwithout their help Mr Woodard was most cooperative, and he and his staff did everythingi possible to make our work move more smoothly and more efficientlyJohnston County Jury CommissioniI A G GlennI A G GLENN, CHAIRMANJ Ed JohnsonJ ED JOHNSONAlvin L NarronALV IN L NARRONThe Board congratulated Mr Glenn and the other members of the Commission and thankedthem for a job well done-11 Ambulance Service - Kenneth BakerKenneth Baker, with Underwood Funeral Home came before the Board and discussed theambulance service situation Mr Baker pointed out to the Board, effective January 10, 1968,ambulance operators would be required by statute to meet certain requirements and guide linesas set out by the State Board of Health, which in his opinion would be so expensive that noFuneral Homes in the County would attempt to qualify for the continuation of ambulance serviceas provided in the past Mr Baker, however, emphasized to the Board that he was only speakingfor his firmMr Baker further advised the Board that he felt that the ambulance service was a matterthat the Commissioners should give very serious consideration to as he felt like eveniiaallythe County would have to go into the ambulance businessThe Board listened very attentively to Mr Baker an d posed numerous questions pertainingto the matter and agreed tog give it serious consideration and thought between now and the nextregular meeting?, No action was taken otherwisei544rDecember 4, 1967 Cont12 List Takers Appointed 1968Upon the recommendation ofW H Britt, Tax Supervisor, Commissioner Adam J Whitley,Jr, moved that the following listtakers be appointed for the year 1968BannerMoses P BeasleyR -2 BensonBentonvilleMrs Doris C BrittR -1 Four OaksBeulahC Marvin AtkinsonR -2 KenlyBoon HillMilton TolerPrincetonClaytonMrs Leon StevensR -2 ClaytonClevelandMrs Charlie BarefootR -1 GarnerElevationBrant MedlinR -3 BensonIngramsMrs Herman StewartR -1 Four OaksMeadowPerry ThorntonR -1 Newton GroveMicroClaude AycockMicroOnealsJohnnie B OnealR -1 SelmaPine LevelEd WhitePine LevelPleasant GroveH C HicksR -1 Willow SpringsSelmaJ Kirby RoseR -1 SelmaSmithfieldOffice of Tax SupervisorSmithfieldWildersHoyt CastleberryR -2 ClaytonWilsons MillsH S TurnageR -3 SmithfieldCommissioner Norman C Denning seconded the motion, which wascarried13 Tax Assessment Ratio for 1968Commissioner J D Baileyintroduced the following resolutionand moved that it beadoptedT7FCf1T TTTTnNTWhereas, W H Britt, Tax Supervisor, has informed the Board that he has complied withSection 105 -294 of the General Statutes in notifying the representatives of the municipalitiesin the County that it is the intention of the Board to fix the tax assessment ratio for theyear 1968, andWhereas, no recommendations have been made by the representatives of the towns in thecounty,Now, therefore, be it_ resolved that the Board of County Commissioners of JohnstonCounty adopt a tax assessment ratio of 50 of the appraised value of all property in JohnstonCounty for the tax year 1968, and that the North Carolina State Board of Assessment be advisedof this actionCommissioner Norman C Denning seconded the motion, which was carried14 Community Action, IncorporatedPaul Keller, Director of Johnston County Community Action, Incorporated, appearedbefore the Board,and discussed various phases of his departments program, especially thosepertaining to agriculture programs15 Library Property - Sale ProgressWallace Ashley, Attorney, reported to the Board that the last public bid on the Libraryproperty, located on Johnston Street, had been raised and that he had re- advertised to resellthe property on December 14, 1967, the beginning bid to be 13,7525016 Health Department - Uprate T S Project StenographerAt the request of Mrs Bessie Pruett, Supervisor of Nurses, with the Johnston CountyHealth Department, and with the approval of Chairman Johnson, who is also Chairman of theHealth Board, Commissioner Denning moved that the present position of Stenographer I with theTB Project be up -rated to that of a Stenographer II positionCommissioner J D Bailey seconded the motion which carried unanimously17 Advertise for Rabies VaccineCommissioner J D Bailey moved that W H Britt, Auditor, be authorized or directedto advertise for 91004 doses of rabies vaccine, the bids to be opened at the January meetingCommissioner Adam J Whitley, Jr seconded the motion, which was carried4yI?k?sjkkk9oi 4 5December 4, 1967 Cont18 Christmas Holiday ScheduleCommissioner J D Bailey moved that the Christmas Holidays for the Courthouse andDepartments of County Government be for a period beginning Friday, December 22, 1967 at 5 oclockPM, and ending,Wednesday morning, December 27, 1967 at 8ocl6ck AMCommissioner Norman C Denning seconded the motion, which carried19 Lease - Livestock MutualCommissioner Norman C Denning moved the approval of a lease made the 31st day of May,1967, between the County of Johnston and the Johnston Livestock Mutual, be approved and recordedin the minutes of this meetingCommissioner Adam J Whitley, Jr seconded the motion, which carriedNORTH CAROLINAJOHNSTON COUNTYThis lease made this 31st day of May, 1967, by and between the County of Johnston, abody politic party, party of the first part and the Johnston Livestock Mutual, a corporation,party of the second part;WITNESSETHThat the party of the first part, in consideration of the rents, covenants andagreements hereinafter mentioned to be kept and performed by the party of the second part, itssuccessors and assigns, for a period of ten years, commencing on the 25th day of February, 1967,that certain property in Smithfield Township, Johnston County, and more fully described asfollowsA, lot of land located between Selma and Smithfield just South of U S Highway #301,and beginning at a point on the eastern side of-a street, said street running from U S Highway#301 in a southerly direction into the American Legion property, said point being the south-western corner of the property of Shelton Lewis, formerly Eddie Batchelor, and runs thence in asoutherly direction and along the eastern side of the present street, which street is an extensioof the aforementioned street through the American Legion property, two hundred and fifty feet toa stake; thence in a easterly direction paralled with the southern line of Shelton Lewis propertyformerly Eddie Batchelor property to the eastern boundary line of the American Legion property;thence in a northerly direction along the eastern boundary line of the American Legion propertyapproximately 250 feet to the northern boundary line of the American Legion property just southof the Circle Court; thence in a westerly direction and along the boundary line of the AmericanLegion property and the line of Shelton Lewis about 415 feet to the point of beginningAlso the right of ingress, egress and regress over and upon the road -way or streetwhich runs form U S Highway #301 in a southerly direction into the American Legion propertyand the extension of said street through the American Legion property in a southerly directiontowards the Atlantic Coastline RailroadTo have and to hold the above described premises, together with the privilege andappurtenances thereunto belonging unto the party of the second party -for the period hereinabovementioned, upon the following terms and conditions1 The rent for said ten year period shall be ten dollars, payable in advance2 The lessee shall have the privilege of constructing on said land in addition to thelivestock arena or building erected thereon by the lessor, any other,buildings it desires toerect for the promotion and sale of livestock and any other agricultural products, providedthat all construction, alterations or additions shall be made at the lessees own cost andexpense and without obligation or liability to the lessor3 The lessee will keep all buildings and grounds in a reasonable state of repair andwill keep all buildings fully covered by insurance at no expense or obligation on the part ofthe lessor4 This lease is made upon the condition that if the lessee shall neglect to keepsaid buildings and premises in a reasonable state of repair or if the lessee shall cease to usesaid buildings and premises as a livestock arena or market or for the promotion and sale oflivestock and other agricultural products, then said lease shall terminate and said propertyshall revert to the lessor5 The lessee shall not have the right to sublet the devised premises6 The lessee agrees to accept said premises in their present condition; to make allnecessary repairs during the term of this lease and at the termination thereof to surrender saidpremises to the lessor in as good condition as the same now are, ordinary wear and tear excepted7 Provided the ten dollars rental provided for in paragrpLph one above has been paidand all other conditions of this lease have been properly complied with by it, lessee may atits option extend this lease for an additional term of ten years, by giving to lessors writtenI 546December 4, 1967 Contnotice of its intention so to do not later than sixty days prior to the termination of the leaseand in the event of such extension, all of the terms and conditions herein set out shall continuin full force and effectIn testimony whereof, said parties have executed this contract in duplicate originals,one of which is retained by each of the partiesTHE BOARD OF COMMISSIONERS FOR THECOUNTY OF JOHNSTONBy H M JohnsonAttest W H Britt SecretaryChairmanJOHNSTON LIVESTOCK MUTUAL, INCBy Henry Cross PresidentAttest Hobert Reeder Secretary20 Johnston Rural Recreation ClubThe Board of County Commissioners was advised of an FHA insured loan of 270,000 to theJohnston Rural Recreation Club, Incorporated, in the vicinity of Selma, Micro and Pine Level,and that construction bids would be opened January 5, 1968, and that construction would beginimmediately after the awarding of the contractCommissioner J D Bailey moved that the Board of Commissioners congratulate theofficers of the Johnston Rural Recreation Club for its successful efforts in obtaining thisrecreation project, where no local funds are involvedkICommissioner Norman C Denning seconded the motion which carried?121 Courtroom Study Committee IrfChairman Johnson appointed Commissioner Adam J Whitley, Jr, W H Britt, Auditor andJames C Woodard, Clerk of Superior Court, to a committee to study the needs and requirementsof additional courtroom space, which will be necessary under the new Court Reform System tobecome effective December 1, 1968This committee is to report its recommendation to the Board at its next regular meetingUpon a motion by Commissioner J D Bailey and seconded by Commissioner Norman CDenning the Board adjourned