October 2, 1967 - 11:00 AM - County Board of Commissioners Meeting Minutes

October 2, 1967 - Regular1 9Fit widthIa ;cMeeting of Board, of County Commissioners of JohnstoniACountyOctober 2, 1967At a meeting of the Board of County Commissionersof Johnston County, held on the 2ndday of October, 1967, the following members were present, the same being a quorum of said,BoardMessrs H M Johnson, Chairman, J D Bailey, Adam Whitley, Jr, Frank B Holdingand Norman C Denning1 The following resolution was offered by Mr Holding and seconded, by Mr DenningResolved by the Board of County Commissioners of Johnston County1 That for properly maintaining the school term in District No Smithfield -SelmaHigh School, Johnston County Administrative Unit, as required by Article IX, Section 3, of theConstitution and the General Statutes of the State of North Carolina, it is necessary thatcertain improvements be made therein of the following character Here set out character ofimprovements as specified in application- -Construction of a new senior high school to serve the students of Smithfield, Selma,Corinth Holders and Wilsons Mills area of the County2 That in order to provide said improvements it is necessary that the sum of Fortyseven thousand five hundred dollars 47,50000 be obtained by borrowing the same, to be usedby the Johnston County Board of Education for said purpose3 That the Board of County Commissioners of Johnston County does hereby approve ofand authorize the application for, and procurement of, a loan for said purpose from the StateLiterary Fund of the State of North Carolina, operated under GS115, Article II, and saidBoard does hereby authorize and direct that all necessary steps be taken to procure said loanunder the terms of said statutes and the rules and regulations of the State Board of Educationgoverning the making of loans from said fund, and the Chairman and Clerk to this Board arehereby authorized, empowered and directed for and on behalf of this Board to join with theJohnston County Board of Education in making the necessary application therefor, and to takesuch action under this resolution and under said statutes, rules and regulations as may benecessary for said purpose The county accountant is hereby authorized and directed to makeapplication to the Local Government Commission for approval of the issuance of suchnotes4 That the Board of Commissioners of Johnston County hereby agrees to levy, at theappropriate tax levying period in each and every year, upon all taxable property in said county,ad valorem taxes at a rate sufficient to meet the interest and principal payments on such partof the loan requested herein as may be approved by the State Board of Education, and therebyprovide the funds necessary each and every year to meet and repay the interest and principalssuch approved loan under the terms of the statute b authority of which thepayments due on u pp , Y Ysaid loan is made, and in accordance with the rules and regulations of the State Board ofEducation governing such loansThe resolution was duly adopted by the following voteI Those voting in the affirmative were Frank B Holding, Norman C Denning, J D Baileyand Adam Whitley, JrThose voting in the negative were NoneWhereupon the Chairman announced that said resolution was duly and properly adopted2 The following resolution was offered by Mr Holding and seconded by Mr DenningResolved by the Board of County Commissioners of Johnston County1 That for properly maintaining the school term in District No South Johnston HighESchool, Johnston County Administrative Unit, as required by Article IX, Section 3, of theConstitution and the General Statutes of the State of North Carolina, it is necessary thatI?certain improvements be made therein of the following character Here set out character ofimprovements as specified in application -Construction of a consolidatedhigh school to serve students in the Four Oaks, Benson,Meadow and Cleveland areas of the County2 That in order to provide said improvements it is necessary that the sum of Fortyseven thousand five hundred dollars 47,50000 be obtained by borrowing the same, to be usedBoard of Education for said purposeby the Johnston County Bo dI,i?3 That the Board of County Commissioners of Johnston County does hereby approve of,and authorize the application for, and procurement of, a loan for said purpose from the StateLiterary Fund of the State of North Carolina, operated under GS115, Article II, and saidaBoard does hereby authorize and direct that all necessary steps be taken to procure said loanunder the terms of said statutes and the rules and regulations of the State Board of Educationgoverning the making of loans from said fund, and the Chairman and Clerk to this Board arehereby authorized, empowered and directed for and on behalf of this Board to join with theJohnston County Board of Education in making the necessary application therefor, and to takeIr s statutes rules and regulations as may besuch action under this resolution and under said g Ynecessary for said purpose The county accountant is hereby authorized and directed to makeapplication to the Local Government Commission for approval of the issuance of such notesMeeting of Board of Commissioners of Johnston County4 That the Board of Commissioners of Johnston County hereby agrees to levy, at theappropriate tax levying period in each and every year, upon all taxable property in said County, ad valorem taxes at a rate sufficient to meet the interest and principal payments onsuch part of the loan requested herein as may be approved by the State Board of Education,and thereby provide the funds necessary each and every year to meet and repay the interestand principal payments due on such approved loan, under the terms of the statute by authorityof which the said loan is made, and in accordance with the rules and regulations of the Stater Board of Education governing such loansThe resolution was duly adopted by the following voteThose voting in the affirmative were Frank B Holding, Norman C Denning, J DBailey and Adam Whitley, JrThose voting in the negative were NoneWhereupon the Chairman announced that said resolution was duly and properly adopted3 Resolution 3,000,000 School Bond IssueCommissioner J D Bailey moved that the following resolution be adoptedWHEREAS, the bond order hereinafter described has taken effect and the Board ofCommissioners desires to make provision for the issuance of the bonds authorized by said bondorder; NOW, THEREFORE,BE IT RESOLVED by the Board of Commissioners of the County of Johnston as followsa1 The County shall issue its bonds of the aggregate principal amount of 3,000,000pursuant to and in accordance with the bond order entitled Bond Order authorizing the issuanceof 3,000,000 School Bonds of the County of Johnston , adopted by the Board of Commissionersof the County on August 22, 19662 Acting pursuant to Section 153 -80 of The County Finance Act the Board ofCommissioners has ascertained and hereby determines that each of the new buildings to befinanced by the issuance of said bonds is of either fireproof construction or non - fireproofconstruction as defined iri said Section 153 -80, and that the life of the improvement described? in said bond order is thirty years, computed from May 1, 19663 The bondsshall be designated School Building Bonds , and shall be of thedenomination of 1,000 each or 5,000 each as shall be determined by the Board of Commissionersshall-be numbered from 1 upwards in the order of their maturity, and shall_be payable in annualf installments on May 1, in each year as follows, viz 80,000 in each of the years 1969 to1971, inclusive, 100,000 in each of the years 1972 to 1974, inclusive, 110,000 in the year1975, 150,000 in the year 1976, 160,000 in each of the years 1977 and 1978, 180,000 inthe year 1979, 200,000 in each of the years 1980 to 1987, inclusive, and 100,000 in theal year 19884 The bonds shall be dated November 1, 1967, and shall bear interest from theirdate at a rate which shall be hereafter determined and which shall not exceed six per centum6 per annum Such interest shall be payable semi - annually on May 1 and November 15 The bonds shall be coupon bonds, registrable as to principal only, and shall besigned by the Chairman and Clerk of the Board of Commissioners of the County The corporateseal of the County shall be affixed to each of the bonds Each of the interest coupons tobe attached to the bonds shall be authenticated by the facsimile signature of said ClerkBoth principal of and interest on the bonds shall °be payable at the principal office ofManufacturers Hanover Trust Company, in the Borough of Manhattan, City and State of New York,or, at the option of the holder, at the office of First - Citizens Bank Trust Company, inthe City of Raleigh, North Carolina, in any coin or currency of the United States -of Americawhich at the time of payment is legal tender for the payment of public and private debts6 Each of the bonds and the interest coupons representing the interest payablethereon and the provisions for the registration of the bonds andfor the approval of the bondsby the Secretary of the Local Government Commission to be endorsed thereon, shall be insubstantially the following formForm of BondNo No111 UNITED STATES OF AMERICASTATE OF NORTH CAROLINACOUNTY OF JOHNSTONSCHOOL BUILDING BOND 526October 2, 1966 ContThe COUNTY OF JOHNSTON hereinafter referred to as County , a county of the State ofNorth Carolina, for value received hereby promises to pay to the bearer of this bond, or, ifit be registered, to the registered holder, the principal sum ofTHOUSAND DOLLARS on May 19 , and to pay interest thereon from the date of this bond until it shallmature at the rate of per centum per annum, payable semi-annually on May 1 and November 1 in each year, upon presentation and surrender of the couponsthereof attached hereto, as they severally mature Both principal of and interest on this bondare payable at the principal office of Manufactures Hanover Trust Company, in the Borough ofManhattan, City and State of New York, or, at the option of the holder, at First- Citizens Bankand Trust Company, in the City of Raleigh, North Carolina, in any coin or currency of theUnited States of America which at the time of payment is legal tender for the payment of publicand private debtsThis bond may be registered as to principal only by the holder in his name on the bondregister of the County kept in the office of the Bond Registrar of the County, and suchregistration shall be noted hereon by said Bond Registrar If so registered, this bond may betransferred on said bond register by the registered holder in person or by attorney, uponpresentation of this bond to the Bond Registrar with a written instrument of transfer in a formapproved by said Bond Registrar and executed by said registered holder If this bond be soregistered, the principal shall thereafter be payable only to the person in whose name it isregistered, unless this bond shall be discharged from registry by being registered as payableto,-bearer Such registration shall not affect the negotiability of the coupons, which shallcgntinue to pass by deliveryThis bond is issued pursuant to The County Finance Act of North Carolina, and a bondorder duly adopted by the Board of Commissioners of the County on August 22, 1966, inaccordance with said Act, and is issued by the County, as an administrative agency of the Stateof North Carolina, to provide facilities necessary for the maintenance of public schools in theCounty for the school term prescribed by law The issuance of this bond and the contractingof the indebtedness evidenced thereby have been approved by a majority of the qualified votersof the County at an election duly called and held in the County on September 29, 1966It is hereby certified and recited that all conditions, acts and things required by theConstitution or statutes of the State of North Carolina to exist, be performed or happenprecedent to or in the issuance of this bond, exist, have been performed and have happened,and that the amount of this bond, together with all other indebtedness of the County is withinevery debt and other limit prescribed by said Constitution or statutesThe faith and credit of the County are hereby pledged to the punctual payment of theprincipal of and interest on this bond according to its termsIN WITNESS WHEREOF, the County has caused this bond to be signed by the-Chairman andClerk of the Board of Commissioners of the County, and the corporate seal of the County to behereunto affixed, and the annexed coupons to bear the facsimile signature of said Clerk, andthis bond to be dated November 1, 1967 f ,hlairma°n if Board of CommissionersClerk of Board of CommissionersForm of CouponNoMay,On the first day of November, 19 the COUNTY OF JOHNSTON, acounty of the State of North Carolina, will pay to bearerDOLLARS at the principal office of Manufacturers Hanover Trust Company, in the Borough of Manhattan,City and State of New York, or, at the option of the holder, at First - Citizens Bank TrustCompany, in the City of Raleigh, North Carolina, in any coin or currency of the United Statesof America which is -then legal tender for the payment of public and private debts, being thesemi - annual interest then due on its School Building Bond, dated November 1, 1967, NoClerk of Board of Commissioners14ftIi? N,04 1October 2, 1967 ContEndorsement on BondaThe within bond has been registeredas to principal only, as followsDate of Name of Registered Signature ofRegistration Owner Bond RegistrarThe issue hereof has been approved under theprovisions of the Local Government ActW E EASTERLINGSecretary of the Local Government CommissionO? ByDesignated Assistant7 The County Auditor is hereby authorized and directed to provide a suitable bondregister for the registration of said bonds and to act as Bond Registrar in registering saidbonds and to carry out the provisions set forth in the bonds for the conversion of the bondsinto registered bonds and for the transfer thereofI8 The Local Government Commission of North Carolina is hereby requested to sellsaid 3,000,000 School Building Bonds, in the manner prescribed by the Local Government Actof North Carolina, and to state in the notice of the sale of said bonds given pursuant toSection 17 of said Act, that bidders may name one rate of interest for part of the bonds andd another rate or rates for the balance of the bonds The bonds shall bear interest at suchrate or rates as may be named in the proposal to purchase the bonds which shall be acceptedby said Local Government Commission in accordance with said Act and shall be of the denominationof 1,000 each or 5,000 each as shall hereinafter be determined pursuant to the provisions ofI the Notice of Sale9 The Chairman and Clerk of the Board of Commissioners are hereby authorized anddirected to cause the bonds to be prepared and, when they shall have been duly sold by saidLocal Government Commission, to execute the bonds and to turn the bonds over to the StateTreasurer of North Carolina, for delivery to the purchaser or purchasers to whom they maybe sold by said CommissionCommissioner Norman C Denning seconded the motion and the motion was adopted Thosevoting for the resolution were Messrs H M Johnson, J D Bailey, A J Whitley, Jr,Norman C Denning and Frank B Holding, and no one voted against it11 4 ResolutionUpon motion by Commissioner Frank B Holding, duly seconded by Commissioner NormanC Denning, the resolution hereinafter set forth was unanimously ,passed by the Board ofCommissioners of Johnston CountyWHEREAS the 1967 Session of the North Carolina General Assembly, amended the NorthCarolina Local Governmental Employees1 Retirement System Act;WHEREAS G S 128 -26, subsection a was amended as followsWith respect to members retiring on or after July 1, 1967, the governing board of aparticipating unit may allow credit for any period of military service in the armedforces of the United States; provided the person returned to the service of hisemployer within two years after having been honorably discharged, or becoming entitledto be discharged, released, or separated from such armed services; provided furtherthat notwithstanding the above provisions, any member having credit for not less than10 years of otherwise creditable service may be allowed credit for such militaryservices which are not creditable in any other governmental retirement system yNOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners, JohnstonCounty, do hereby authorize the North Carolina Local Governmental Employees Retirement Systemto grant Military Service credit to those county employees entitled to the benefits outlined,in this amendmentOctober 2 1967 Cont5 Highway Request to Substitute Roads in 1967 -68 Road ProgramMr W H Pridgen, District Engineer, with the State Highway Commission appeared beforethe Board, Monday, October 2, 1967,and advised that the Commission had been unable to secureright of way along roads #2120, 21219 2328 and 1150 and asked the Board to approve the sub-stitution of roads #2312 and 2543 in the Commissions 1967 -68 Secondary Road ProgramAfter a thorough discussion of the matter between the Board and Mr Prldgen, CommissionerHolding moved that every property owner along the four roads #2120, 2121, 2328 and 1150 be giventen 10 days notice to either donate the right of way requested or give satisfactory bond forsame, Commissioner Holding further moved that unless property owners along the above mentionedroads complied with the request as set out in the order, that the State Highway Commission beauthorized to substitute roads #2312 and 2543CThe motion was seconded by Commissioner Denning and carriedPurchase of Lot _-E V WilkinsCommissioner Denning moved that the County Board of Commissioners buy a lot 75 by 120feet at Eighth and North Streets, Smithfield, North Carolina, from E V Wilkins at a price of10,00000The motion was seconded by Commissioner?Bailey and carried unanimously7 Finance Purchase of Lot - E V WilkinsCommissioner Whitley moved that E V Wilkins be paid 1,00000 upon the,delivery of thedeed to the lot on Eighth and North Streets and the County assume a deed of trust for 9,00000held by First Citizens Bank and Trust Company, payable on demandThe motion was seconded by Commissioner Denning and carried unanimously,8 Partial Payment- Water and Sewer ContractCommissioner Bailey moved that W H Britt, Auditor and J Narvin Creech, Treasurer, beauthorized to pay to the Town of Smithfield 25,00000 as part payment on the price of thedifference between an eight 8 inch water line and an eight 8 inch sewer line and that of afifteen 15 inch sewer line and a sixteen 16 inch water line, beginning at the terminationof the present lines at Sylvania Electric Products, Incorporated and running along the SeaboardCoastline Railroad to Highway 70 -A right of way, as agreed to and recorded in the minutes of ameeting held on September 25, 1967The motion was seconded by Commissioner Denning and carried unanimously9W G Massey, L P Creech and J C Woodard reported to the Board that they visitedthe State Department of Archives and History, and the Register of Deeds Office of the Countyof Wake and observed several different types of copy machines, in accordance with instructionsby the Board at its last meetingMr who acted as spokesman for the group, reported that be, Mr Creech and MrWoodard had decided to recommend the Zerox Machine, and Mr Massey reported that the ZeroxCompany would not sell a machine, but would install it at a rental price of 2500 per month,plus four 40 cents per copy of every document run off the machine each month, and that theCompany would require a minimum charge of 7400 per month including the 2500 per month rentalcharge Mr Massey and his group estimated that the cost of ,the machine would be approximately12500 per month to the CountyCommissioner Bailey moved that Mr Massey be instructed to have the Zerox Machineinstalled, if possible, by the next regular monthly meeting date of the Board and invite arepresentative of Zerox Company to be presentand demonstrate the working of the machine to theBoard of County CommissionersCommissioner Denning seconded the motion which cariied unanimously10 RetortsThe following reports were filed with the BoardM W KnottL P CreechHarper GodwinWrittenEdith ParkWilson BroadwellRubert BarbourEleanor HooksElectrical InspectorVeterans Service OfficerTax CollectorJohnston Memorial HospitalDepartment of Public WelfareCivil DefenseDog WardenLibrarian,p,October 2, 1967 Cont11 Awarding Fuel Oil ContractPursuant to invitations for bids for # 2 fuel oil that will be required to the heatingof the Courthouse Annex, the Health Center and the Agriculture Center for the winter season ofthis fiscal year July 1, 1967 to June 30, 1968 These buildings are situated at differentlocations in the Town of SmithfieldIt is estimated that the required number of gallons will range from 15,000 to 20,000gallons The successful bidder will be required to check the tanks regularly and keep oilsupplied at all timesThe following bids were receiveda Sinclair Refining Company, Paw Creek, North Carolina, 3 cents per gallon offprevailing tank wagon price, present tank wagon price15900 per gallonb Smithfield Oil and Gas Company, Smithfield, N C, 1340 per 100 gallonsc Hooks and Layne Oil Company, Smithfield, N C, 3 cents per gallon off prevailing tank wagonprice, present tank wagon price 169 per gallond Stancil Oil and Tire Company, Selma, N C, 1435 per gallonCommissioner Bailey moved that Sinclair Refining Company be awarded the bid, whichapparently was the lowestCommissioner Denning seconded the motion, which unanimously carried12 Road Petition - W B OliverThe Board received a petition signed by W B Oliver of Pine Level, requesting thata road 4 of a mile in length, known as the Oliwer -Road, be added to the Secondary Road Systemof the State Highway Commission, and that the Board of County Commissioners approve saidrequestCommissioner Denning moved that the petition -be approved by the Board and mailed toi the State Highway Commission Office in Wilson, N C, with the Boards recommendation that this road be added to the Secondary Road SystemMotion was seconded by Commissioner Whitley and carriedj? 13 Bonds - Graham NevilleGraham Neville of Smithfield, N C, Route # 3, an Insurance and Bonding Agent,appeared before the Board and stated that,he felt that he could save the County money on thebond premiums of the various office holders of the County and would like to have an opportunityto review the bonds now in effect and present, at a later date, the exact bond premium costthat he could offerW H,Britt, Clerk to the Board, volunteered to help Mr Neville acquire theinformation that he desired and the Board agreed to this and no further action was taken14 Salary - Lillian Reavis - Welfare DepartmentMrs Edith Park, Director, Welfare Department, reported to the Board that she had beenadvised by the State Personnel Department that Lillian - Reavis, qualified for a Social Worker Ias of July 1, 1967Commissioner Whitley moved that Lillian Reavis be paid 45700 per month, effectiveOctober 1, 1967, as provided for in the 196768-Welfare-Budget and that the Auditor andTreasurer be ordered to pay her the difference in 41500 and 45700 per month for the monthsof July and August, and the difference in 43600 and 45700 for the month of September, asher salary of 45700 per month is retro- active to July 1, 1967Commissioner Holding seconded the motion and motion carried unanimously15 Complaints - SanitarianMr Knox Jenkins, an Attorney of Smithfield, appeared before the Board and explainedthat he was representing several parties, which he did not name, with a complaint againstSanitarian Howard Stultz Mr Jenkins made the statement that his clients had informed himthat Mr Stultz was very rude, very arrogant and very insulting at times in his dealings withrestaurant and market operators and owners, and others with whom he had dealings, as arepresentative of the Johnston County Health DepartmentThe Board listened to Mr Jenkins very attentively and Chairman Johnson who servesas Chairman of the Board of Health also, advised Mr Jenkins that he was very much surprised at his complaints, as no such complaints had been made to him Mr Johnson advised Mr Jenkins1P that he would call Mr Stultz and ask him to appear before the Board, and notify him of saidcomplaintss - - __ _ October 2, 1967 Contlb Corrected Deed - Lula StevensWallace Ashley, Jr, Attorney, came before the Board and explained that in 1946, Jamesand Lula Stevens purchased two 2 lots from the County which had been foreclosed for tax andthat in writing the deed there was an error, as the deed specified only lot # 29 of the H MBarnes sub - division in the Belmont section of Smithfield, when it should have specified twolots, namely # 29 and 30 Mr Ashley asked the Board to issue a deed of correction, specifyingthe two lots mentioned above and to make the deed to Lula Stevens, as her husband James is nowdeceasedMr Ashley also explained that the Stevenses had been listed with and had been payingtax on both lots all the timeCommissioner Bailey made a motion that a deed of correction be issued to Lula Stevensand that Chairman Johnson be authorized to execute said deed when Tax Attorney, Miss RhettaMartin has approved said deedCommissioner Denning seconded the motion which carried17 Resolutions - Civil DefenseWilson Broadwell, Civil Defense Director, in making his report to the Board offered, tworesolutions and asked that the Board adopt themResolution # 1 which is as follows would provid -e for the relocation and, continuity oflocal government in an emergencyJOHNSTON COUNTYRELOCATIONR E S G L U T I O NWHEREAS, The general assembly of the State of North Carolina did pass and, ratify on the21st day of April 1959, chapter 349 of the SESSION LAWS of 1959 a bill designated, as An actto provide the continuity of local government in an emergencyWHEREAS, by this authorityis granted, the said local governments whenever the governorandcouncil of state, acting tog ether, declare an emergency to exist by reason of actual orimpending hostile attack upon the State of North Carolina and, due to the emergency so declared,it shall become imprudent or impossible to conduct the affairs of county government at theregular or usual placeNOW THEREFORE BE IT RESOLVED In the event the permanent seat of government atSmithfield, N C, for any reason, becomes unterab le, then the government of Johnston Countyshall be temporarily re- located, at Selma, N C If Selma, N C is untenable also, then theCounty Government shall be temporarily re- located at Clayton, NC If Clayton, N C isuntenable, then the temporary seat of government shall be at Benson, N C, Kenly, NC, orPrinceton, N C, which -ever shall be tenable If none of the above municipalities orcommunities are tenable, then the Commissioners may select any municipality or community, with-in or without Johnston County as the temporary seat of governmentTHE CIVIL DEFENSE DIRECTOR SHALL1 In the event of such re- location and, in accordance with instructions of the CountyCommissioners andthe Civil Defense Zone Directors of Johnston County, prepare such facilitiesfor use, coordinate transportation andcommunications, and arrange temporary billeting for theemergency government2 He shall inform the emergency services and the citizens of the location of thetemporary seat of government andshall effect such co- ordination and liaison with the Stateand, Federal Governments, andwith affected, municipalities or communities as may be necessaryfor the orderly transfer and, conduct of governmentnH M J nson, ChairmanJohnston Cou ty Board, of CommissionersResolution # 2 which is as follows would, provide for th-e succession for all officeshaving emergency functionsJOHNSTON COUNTYSUCCESSIONR E S O L T I O NWHEREAS, the general assembly of the State of North Carolina did provide under ChapterffOctober 2 1967 Cont 531314, SESSION LAW of 1959, an act to provide in the event of enemy attack upon the State ofNorth Carolina for the continuity of the orderly functions of the government of local sub-divisions of the state; by authorized local political sub - divisions to enact resolutions andordinances relating to succession for all offices having emergency government functions;WHEREAS, this bill was passed and ratified on the 21st day of April, 1959, by saidgeneral assemblyl NOW THEREFORE BE IT RESOLVED 1 Board of County CommissionersIn the event of the death, absence, physical or mental incapacity of the Chairman of the Boardof County Commissioners, then the next senior member shall assume such office If there is noclear line of seniority, then an election shall be held immediately to select a temporarychairman In the event of the death, absence or physical or mental disability of a sufficientnumber of regularly elected commissioners to constitute a quorum, then the board shall be filledby the elected mayors of incorporated municipalities within Johnston County If a sufficientnumber of these mayors are not available under the conditions cited; then the board shall befilled by regularly- elected county officers, such as the Sheriff, Clerk of Court, Register ofDeeds, etc If by reason of the death, absence or physical or mental disability of these countyelected officers, then the board shall be filled by appointive officers who are the heads ordirectors of departments of the County Government These temporary members of the Board ofCounty Commissioners shall serve until the end of the emergency, or until regular electionscan be held, whichever is sooner, except that they shall not be relieved of their temporaryappointment as Commissioner, until or unless, there is a sufficient number of regularly electedCommissioners available for duty2 Other County Officers In the event of the death,absence, physical or mental disability of any elected or appointed officer, or any departmenthead serving in such capacity in Johnston County; the Board of County Commissioners, asconstituted under this resolution, shall appoint a qualified deputy or other qualified personto serve in that office until the return, or the recovery of the regularly elected or appointedofficer, or until regular elections have been held to fill elective vacancies when they occur3 In the event of the return, in the case of absentofficials, or recovery, in the case of ill officials they shall;resume their duties and thetemporarily appointed commissioner or county officer shall revert to their status prior totheir temporary appointment Recovery from physical or mental illness shall be certified bythe Chief, Johnston County Emergency Medical Service prior to restoration to dutyH M,,,JohnsonJohnston Cou Board of CommissionersCommissioner Denning moved that the above Resolutions # 1 and 2 be adopted and re-{ corded in the minutes of this meetingCommissioner Bailey seconded the motion which carried unanimously18 Community College System Commissioner Adam J Whitley, Jr moved, and seconded by Commissioner Frank B Holdingthat the Board of Commissioners of Johnston County request Dr I E Ready, Director ofNorth Carolina Department of Community Colleges, to make a survey of the needs of the peopleof Johnston County for the establishment of an appropriate institution within the legal frame-work of the North Carolina Community College Systemd19 Timber - County FarmIt was brought to the attention of the Board that there were several trees on theCounty Farm that were nearing the deterioration stage and also several trees that were lyingon the ground that should be salvaged and offered for saleCommissioner Denning moved that C W Tarlton, Extension Chairman, survey the timbersituation at the County Farm and to mark all trees that he determined might be nearing thestage of deterioration or in his judgement felt like should be disposed ofCommissioner Holding seconded the motion which carried unanimously20 Sand Pit - State Highway CommissionCommissioner J D Bailey moved that the North Carolina State Highway Commission beinstructed not to expand the extent of the sand pit, which they now have access to, on theCounty Farm, without the expressed consent of the Board of County CommissionersThe - motion was seconded by Commissioner Frank B Holding and carried21 Change Heating System - CourthouseUpon the motion of Commissioner Adam J Whitley, Jr, seconded by Commissioner NormanC Denning, the Board unanimously voted to change from coal heating system to fuel oil heatingfor the Johnston County CourthouseMfj ri 532 October 2, 1967 Cont22 Stultz - Health DepartmentHoward Stultz, Sanitarian, with the County Health Department, at the request of theBoard appeared and was advised of the complaints made against his services as Sanitarianrepresenting the Health Department, which were made earlier in the day, to the Board ofCounty Commissioners, by Attorney Knox Jenkins, purportedly representing several restaurantand market owners and operators in the County Mr Stultz advised the Board that he wasunaware of any complaints and that, he in his official capacity, made a special effort inevery case to -be? courteous, nice andhelpful to every person that he dealt with, instead ofbeing rude, arrogant and insulting, as charged by Mr Jenkins23 Purchase - Mitchiner PropertyUpon motion of Commissioner Bailey and seconded by Commissioner Whitley, it wasunanimously ordered and approved that the County of Johnston buy the Elton Mitchiner officebuilding and lot, at a price of 15,000asUpon a motion by Commissioner Bailey and seconded by Commissioner Whitley, it wasfurther ordered that the County of Johnston pay to J Elton Mitchiner and wife Gretchen PMitchiner, the 15,000 less the amount necessary to give theCounty of Johnston fee simpletitle to said property, that said amount being 3,56560, according to a closing statementfurnished by sellers, a copy of which appears belowCLOSING STATEMENTSELLERS J ELTON MITCHINER, ET UXPURCHASERS JOHNSTON COUNTYREAL ESTATE 20 ft x 50 ft with office building adjoiningCourthouse Square in Smithfield, North CarolinaSALES PRICE 15,00000LESS PAID BY PURCHASERPromissory note secured by Deed of Trustto E V Wilkins, Trustee for FirstNational Bank of Smithfield dated 9567assumed by purchaserPrepaid Interest9567 to 9568 72000Interest used 6000BalanceLESS CHARGES TO SELLERSRevenue Stamps on DeedOctober rent paid by A A CorbettBALANCE DUE SELLERS 12,0000066000 11934000 3,66000 4409000 9440 3,5+65,60Commissioner Holding moved that the Board recess until 8 oclock, October 16, 1967to meet in the Auditors OfficeMotion seconded by Commissioner Whitley and carriedM J nson, ChairmanW H Britt, Clerkj?