December 1, 1969 - 11:00 AM - County Board of Commissioners Meeting Minutes

December 1, 1969 - Regular1 6Fit width159Meeting of Board of Commissioners for the County of JohnstonDecember 1, 1969The Johnston County Board of Commissioners met in regular session in the Commissioners Roomof the Johnston County Courthouse, Smithfield, N C, December 1, 1969, at 11 oclock am, with thefollowing members presentJ Dobbin Bailey, Chairman, Norman C Denning, Frank B Holding, Adam J Whitley, Jr andFreddie AdamsMembers Absent NoneThe following business was transacted11 Road Petition - S R # 1543W Paul Stephenson, Jr and several other citizens of Pleasant Grove Township presented to theBoard a petition for the paving of S R # 1543After explaining the paving priority program to the representatives, Commissioner Norman CDenning moved that the petition be forwarded to the State Highway Commission at Wilson, N C, with therecommendation that favorable consideration be givenMotion was seconded by Commissioner Freddie Adams and carried2 Mr C S Coats - Courthouse RampMessrs C S Coats, Jona Good, Arthur Foster, Harold McGee, Bill Sellers, John L Smith andChristopher Walton Johnson appeared before the Board requesting that further study be made in behalf ofa ramp or some other means whereby wheelchair patients might be able to enter the CourthouseAfter a lengthy discussion, Commissioner Adam J Whitley, Jr moved that the Board pursue thepossibility of a ramp constructed in the manner suggested by Mr Coats or some other means, such as aliftCommissioner Norman C Denning seconded the motion which was carried unanimouslyCommissioner Freddie Adams moved that Commissioner Adam J Whitley, Jr be authorized toinvestigate the feasibility of a ramp as suggested by Mr Coats or a lift and report back to the Boardat its next meetingMotion was seconded by Commissioner Norman C Denning and carried3 Payment to Earvin Broughton - Demolition of Ellis HouseCommissioner Norman C Denning moved that W H Britt, Auditor and J Narvin Creech, Treasurerbe authorized and directed to pay Earvin Broughton 100000 for the demolition and removal of the BertieEllis house The 100000 broken down as follows 45000 per bid, 30000 for removal of basement,20000 for loss of materials by unknown parties, and 50100 for insuranceThe motion was seconded by Commissioner Adam J Whitley, Jr and carried4 Waive Privilege Licenses - American Legion CarnivalAlex Holden, Past Commander of American Legion Post # 132, asked the Commissioners to waivethe price of a privilege licenses for a carnival that the Legion Post held sometime back,w 19 Commissioner Frank B Holding moved that the price of the license be waivedCommissioner Norman C Denning seconded the motion which was carriediI 5 Payment # 4 - Associated Surveys CompanyW H Britt, Auditor, presented the Board with a statement from Associated Surveys Company for6,52500, representing the fourth payment for work completed on the Revaluation contractCommissioner Frank B Holding moved that Associated Surveys be paid 6,52500 in accordancewith its statementThe motion was seconded by Commissioner Norman C Denning and carried unanimously6 ASC Office Rent - Transfer of FundsAt the request of W H Britt, Auditor, Commissioner Freddie Adams moved that 26250 betransferred from the Contingent Fund to the Account set up in the budget for the payment of rent forthe ASC office, since it will be impossible for the ASC office to move into its new quarters beforeJanuary 15, 1970The motion was seconded by Commissioner Adam J Whitley, Jr and carriedF1 A uDecember 1, 1969 Cont7Commissioner Norman C Denning moved that a February 3, 1969 order regarding clerical workerstraveling from the Health Department to the Post Office and Courthouse be rescindedThe motion was seconded by Commissioner Freddie Adams and carriedCommissioner Norman C Denning moved that the employees of all departments of CountyGovernment be allowed no travel re - imbursement for any in town travel, such as from office to theCourthouse or Post OfficeThe motion was seconded by Commissioner Freddie Adams and carried9 Appointment of Tax List Takers - 1970Upon the recommendation of W H Britt, Tax Supervisor, Commissioner Frank B Holding movedthat the following 1 ist takers be appointed for the year 1970BannerMoses BeasleyBentonvilleMrs Doris BrittBeulahJames PopeBoon HillBen G BoyetteClaytonMrs Leon StevensClevelandMrs Charlie BarefootElevationBrant MedliniIngramsMrs Herman StewartMeadowPerry ThorntonMicroClaude AycockOnealsJohnnie B OnealPine LevelEd L WhitePleasant GroveHallie C HicksSelmaMrs E C PollardSmithfieldOffice of Tax SupervisorWildersHoyt CastleberryWilsons MillsH S TurnageR -2 BensonR-1 Four OaksR -1 KenlyR -2 PrincetonR-1 ClaytonR -1 GarnerR -3 BensonR -1 Four OaksR -1 Newton GroveMicroR -1 SelmaPine LevelR -1 Willow SpringsSelmaSmithfieldR -1 ClaytonR -3 Smithf ieldCommissioner Adam J Whitley, Jr seconded the motion which was carried10 Surety Bond Cancelled - Harper GodwinAt the request of W H Britt, Auditor, Commissioner Frank B Holding moved that the Boardrelease a surety bond in the amount of 25,00000, covering Harper Godwin, Tax Collector, which wascancelled several years back, but was still inf orce according to Roy A Pearce, Jr, Agent, and thatChairman Bailey be authorized to sign the releaseCommissioner Freddie Adams seconded the motion which was carried unanimously11 ReportsThe following reports were filed with the BoardHarper Godwin Tax CollectorEleanor Hooks LibrarianM W Knott Electrical InspectorRubert C Barbour Dog WardenWilson Broadwell Civil_ DefenseEdith Park Social ServicesAnna H Cox Extension Service12 Johnston County T B_AssociationJohn Shallcross, Mrs Harry McGee and-C E Bingham representing the Johnston County T BAssociation advised the Board that it had withdrawn from the State Association and formed an independentunit, solely for Johnston County in order that all funds raised would be spent in Johnston CountyAfter a discussion of this matter, Commissioner Frank B Holding moved that W H Britt,Auditor be instructed to write letters, with the assistance of Mr Shallcross, to the State Associationand County Association, inquiring as to the manner in which monies would be spent in Johnston County,and also just what percentage of their contribution was spent for administrationThe motion was seconded by Commissioner Freddie Adams and carried unanimously`114?ifr? IiDecember 1, 1969 Cont13 Quit -Claim DeedCommissioner Frank B Holding moved that Chairman Bailey be authorized to execute thefollowing quit -claim deed;NORTH CAROLINAJOHNSTON COUNTYTHIS QUITCLAIM DEED made and entered into this 2nd day of December, 1969, by and between thethe BOARD OF COMMISSIONERS FOR THE COUNTY OF JOHNSTON, State of North Carolina, party of the first part;and C B UPCHURCH and wife, LUCY R UPCHURCH, parties of the second part;W I T N E S S E T HTHAT WHEREAS the parties of the second part purchased the property hereinafter described fromW H Allen, Jr, unmarried, by deed dated February 19, 1968, recorded in Book 665, page 345, JohnstonCounty Registry; andWHEREAS said property is a portion of the property conveyed to party of the first part indeed from Rhetta Martin, Commissioner, in Tax Foreclosure Action No 13, 745 against Ella Chamblee,Foreclosure Book 4, page 292, said deed being dated January 24, 1944, and recorded in Book 421, page318, Johnston County Registry; andWHEREAS SUBSEQUENT TO SAID TAX FORECLOSURE DEED, the said delinquent taxes applicable tosubject property were paid, but no quitclain deed of reconveyance to the owner of said property by theparty of the first part has been executed; andWHEREAS at its regular monthly meeting held on December 1, 1969, party of the first part hasauthorized the execution by its proper officials of a quitclaim deed to parties of the second part inorder to remove any cloud upon their title resulting from the earlier Commissioners Deed recorded inBook 421, page 318, JohnstonCounty Registry;NOW, THEREFORE, in consideration of the premises, the said Board of Commissioners for theCounty of Johnston have remised, released and forever quitclaimed, and by these presents do for itself,and its successors and assigns, justly and absolutely remise, release and forever quitclaim unto thesaid parties of the second part and their heirs and assigns, all such right, title and interest as ithas or ought to have in or to all that certain tract or parcel of land lying and being in WildersTownship, Johnston County, North Carolina, and more particularly described as follows;BEGINNING at a stake, Jennie Stotts corner in C R Stotts line and runs with said lineSouth 87 degrees East 163 poles to an Ash on bank of Buff aloe Creek; thence up the run of Buff aloeCreek to a black gum, J I Whitleys corner; thence North 87 degrees West 185 and 410 poles to astake; thence South 132 degrees East 24 and 310 poles to the BEGINNING, containing 25 acres, more orless; being the same land conveyed to Ella Chamblee by J V Whitley and wife, Della, et al, by deeddated September 10, 1915, recorded in the Office of the Register of Deeds of Johnston County, NorthCarolina in Book 10, at page 555; and being the same property conveyed to Grantor by deed datedApril 24, 1951, and recorded in Book 488, page 331, Johnston County Registry See also Book 665,page 345, Johnston County RegistryTO HAVE AND TO HOLD the above- released premises unto them, the said C B Upchurch and wife,Lucy R Upchurch, their heirs and assigns, to their only proper use and behoof forever, so,that thegrantor herein, nor any other body, corporation, person or persons, in its name and behalf, shall orwill hereafter claim or demand any right or title to the premises, or any part thereof; but that itand they by these presents shall be forever barredIN WITNESS WHEREOF, the said party of the first part, Board of Commissioners for the Countyof Johnston, has caused these presents to be signed in its name by its Chairman and the corporate sealof the County of Johnston to be hereto affixed and attested by its Secretary, all by authority andorder of said Board of Commissioners duly given, this the day and year first above writtenTHE BOARD OF COMMISSIONERS FOR THE COUNTY OF JOHNSTONBy J Dobbin Bailey SEALChairmanCORPORATE SEALATTESTW H BrittSecretaryNORTH CAROLINAJOHNSTON COUNTYI Eleanor N Creech , a Notary Public, do hereby certify that W H Britt personallyappeared before me this day and being by me duly sworn, says that he knows the common seal of the Countyof Johnston and is acquainted with J DobbinBailey, who is Chairman of Board of Commissioners of saidCounty, and that he, the said W H Britt, is the Secretary of said Board and saw the said Chairman signthe foregoing instrument, and that he, the said Secretary, affixed said seal to said instrument andsigned his name in attestation of the execution of said instrument in the presence of said Chairman ofsaid BoardWITNESS my hand and notarial seal this 2nd day of December, 1969Eleanor N CreechNOTARY PUBLICMy Commission expires November 21, 1970_December 1, 1969 ContThe motion was seconded by Commissioner Adam J Whitley, Jr and carried14 Tax Assessment Ratio - 1970Commissioner Frank B ,Holding introduced the following resolution and moved that it be adoptedR E S O L U T I O NWHEREAS, W H Britt, Tax Supervisor, has informed the Board that he has complied with Section105 -294 of the General Statutes in notifying the representatives of the municipalities in the Countythat it is the intention of the Board to fix the tax assessment ratio for the year 1970, andWHEREAS, no recommendations have been made by the representatives of the towns in the county,NOW THEREFORE, be it resolved that the Board of County Commissioners of Johnston County adopta tax assessment ratio of 50 of the appraised value of all property in Johnston County for the taxyear 1970, and that the North Carolina State Board of Assessment be advised of this actionCommissioner Freddie Adams seconded the motion, which was carried15 Roads # 1508 and 1509At the request of B W Booker and Ray Cobb, Commissioner Frank B Holding moved that apetition to connect S R # 1508 and S R # 1509 be approved and mailed to the State Highway Commissionin Wilson, N C, for the States approval - - -Motion was seconded by Commissioner Norman C Denning and carried unanimously16 Transfer of Funds - Sheriffs BudgetCommissioner Frank B Holding moved that 30000 be transferred from the E -9 Deputy Accountto the E -11 Secretary Account in the Sheriffs Budget in order that he,will be able to pay a malesecretary 35000 per month effective January 1, 1970The motion was seconded by Commissioner Freddie Adams and carried17 Mental Health Project Johnston Memorial HospitalJ Marvin Johnson, Chairman of the Hospital Board of Trustees, and Lloyd Gilbert,, Administrator;apprised the Board of the fact that since building costs had inclined since the original approval of theMental Health project for the hospital, that it would require more local funds than the original estimate,Mr Gilbert advised the Board that the hospital with the bond money now beingheld would be able to meetthe increased needs and informed the Board that in order to proceed with thenew plan, it would requirea new resolutionAt the request of Mr Lloyd Gilbert, Commissioner Frank B Holding moved that the followingresolution be adoptedR E S O L U T I O NWHEREAS, the County of Johnston wishes to proceed with the construction of the Mental HealthCenter Project No NC -MH -9, and;WHEREAS, the cost of construction has significantly increased from the estimated cost ofconstruction at the time of the filing of the applicatiori, and;WHEREAS, the project was approvJd and funded in the amount of 770,00000, but the most recentestimates, with certain alterations and changes, would cost 861,88013;NOW THEREFORE, BE IT RESOLVED that the Board of County Commissioners do hereby adopt aresolution1 Increasing the scope of the Mental Health Project from 770,00000 to 861,88013 asoutlined in a letter dated November ; 3, 1969 from the North Carolina Medical Care-Commission;2 Instructing the Board of Trustees of Johnston Memorial Hospital, with its Chairmanas officalr spokesman, to notify the architects, and to make appropriate application tophilanthropic endowments ,,f or any i ;addtional - fund,sr to ,meet , the, cost i,, of; constructon- andequipment for the Mental Health Clinic, and to include the renovation and replacementof the air conditioning system in the surgical and obstetrical suitesThe motion was seconded by Commissioner Adam J Whitley, Jr and carried18 Lot for Johnston County Rescue SquadCommissioner Adam J Whitley, Jr reported to the Board that he had agreed to purchase a loton 301 highway south, adjacent to the Federal Land Bank property for 10,00000 for a site for a rescuesquad buildingAfter quite a bit of discussion, Commissioner Frank B Holding moved that Commissioner Whitleyand Commissioner Adams be authorized to negotiate with the owner of the property in regards to thepurchase of the balance of the lot, running back to the Seaboard Coastline Railroad, andoffer him14,00000 for the entire lot, and if this proves to be satisfactory to communicate with Chairman J DBailey as to the purchase and also secure a deedilr fisDecember 1, 1969 ContThe motion was seconded by Commissioner Norman C Denning and carried unanimously19 Committee - Rescue Squad Building PlansChairman J D Bailey appointed Wilson Broadwell, Civil Defense Director, Commissioner AdamJ Whitley, and Commissioner Freddie Adams as a committee to draw up plans for a suitable building forthe Johnston County Rescue Squad, and report its decision to the Board at its next regular meeting20 Mr Frank Lewis - Representative - N C Association of County CommissionersMr Frank Lewis a representative of the State Association of County Commissioners was presentand advised the Board that the Association was ready and willing at all times to assist in any mannerpossible21 State to Fill In LotsCommissioner Frank B-Holding moved that W H Britt, Clerk be directed to write Mr R WDawson, Division Engineer with the State Highway Commission, and request that he have his crew to fillin the Ellis lot on Second Street -and also the lot on 301 highway to be used for a rescue squad buildingsite, and advise him that the County would furnish the soilThe motion was seconded by Commissioner AdamJ Whitley, Jr and carriedI? 22 Wrecked Deputies CarsCommissioner Frank B Holding moved that Sheriff Oliver take any wrecked cars to ThompsonSalvage Company in Selma and offer for sale as is When bids are secured, Sheriff Oliver review themwith Commissioner Adams and secure his approvalMotion was seconded by Commissioner Norman C Denning and was carried23 Regional Health PlanningLloyd Gilbert, Administrator of Johnston Memorial Hospital, advised the Board that he hadrecently attended a meeting in which the discussion of Health Planning on a regional basis was discussedand that it was a matter that he felt that the Board of Commissioners should be apprised ofAfter discussion, Commissioner Frank B Holding moved that the Hospital Board of Trustees beinstructed to keep in touch with any Health Planning and keep the County Board of Commissioners advisedThe motion was seconded by Commissioner Norman C Denning and carried24 Jury Commission ReportA G Glenn, Chairman of the Johnston County Jury Commission submitted the following reportSmithfield, N CNovember 14, 1969REPORT OF THE JURY COMMISSION OF JOHNSTON COUNTYIn preparing the prospective jury list for Johnston County for the biennium, 1970 and 1971,the Jury Commission used the tax lists and the voter registration records of the county No other listswere usedSince approximately 2800 names were drawn during 1968 and 1969 to serve as jurors in theSuperior, District, and Recorders Courts of the county, not less than 5600 names nor more than 8400names were needed on the prospective jury list for the biennium, 1970 and 1971, to meet the Stateslegal requirements of having not less than two times nor more than three times the number drawn forjury duty during the biennium, 1968 and 1969In preparing the 1968 -69 prospective jury list, the Jury Commission had purged the 1967 taxlists and the 1967 voter registration lists of legally disqualified persons at that time Then the JuryCommission used every other name, starting with the first name, from the voter registration lists, andevery first and second name, omitting the third name, from the tax lists, to form the 1968 -69 prospectivejury list This left approximately 7500 legally qualified persons who were not used for the 1968 -69prospective jury listThe 1968 -69 Jury Commission had requested the Johnston County Superior Court Clerk to havesome member of his staff prepare, at the appropriate time, an alphabetical list of those who were listingtaxes for the first time in 1968 and 1969, and of those who were registering to vote for the first timein the county during these same years It was felt that this would simplify the work of the 1970 -71Jury Commission as well as eliminate much of the clerical work that was furnished by the Superior CourtClerks Office We found that these lists, nontained 1259 persons listing taxes for the first time in1968 and 1969, and 2630 new voter registrantsAfter reviewing the above facts, the Jury Commission decided that, in compiling the 1970 -71prospective jury list, legal requirements would best be met by using the following procedure? JDecember 1, 1969 Cont1 Use all of the legally qualified persons on the 1967 tax lists and on the 1967 voterregistration lists that were not used in making the 1968 -69 prospective jury list - that is, use everyother name, starting with the second name, on the voter registration lists, and every third name on thetax lists By using this method, it made it unnecessary to eliminate those persons who had served as,jurors during 1968 and 19692 Use every tenth name from the 1968 and 1969 new and legally qualified tax listers3 Useevery tenth name from the 1968 and 1969 new and legally qualified voter registrantsThe members of the Jury Commission took the above lists of those townships,that he was morefamiliar with and proceeded to eliminate duplicate names, the names of persons who had died, who hadbeen convicted of a felony or who had pleaded nolo contendere to an indictment charginga felony, whohad been adjudged non compos mentis, who were physically or mentally incompetent, who were not citizensof the State nor residents of the county, and those who were under twenty -one years of age from thetax lists Duplicate names were also eliminatedIn addition to their own personal knowledge of the foregoing facts, the commission members-conferred with a number of reliable citizens who helped them with facts about persons with whom theywere familiar and not know to commission membersWhere names or addresses were found to be incorrect, the commission members made every effortto correct themSince two of the Jury Commission members were new, at our first meeting, the other member,who had acted as Chairman is making the 1968 -69 prospective jury list, spent a considerable amount oftime explaining the law as it applied to the Jury Commission and discussing the various methods wefound successful in preparing the 1968 -69 prospective jury listThe Commission met approximately once each week to discuss its work and decide on; proceduresand problemsAfter the Commission completed its work of preparing the list of legally qualified prospectivejurors, cards were typed for each prospective juror They were then placed in alphabetical order Afew duplicates were then found These were eliminated before the cards were numberedThe members of the Jury Commission would like to express their appreciation to the manyindividuals and to the county officials for the excellent help that was given them in preparing thisprospective jury listMr W H Britt, County Auditor and Tax Supervisor, Mr Marvin Taylor, Chairman of theCounty Board of Elections, Mr W G Massey, County Register of Deeds, our Board of County Commissioners,Mr William R Britt, our Representative in the General Assembly of North Carolina and Attorney for ourBoard of County Commissioners, and Honorable Harry E Canaday, Resident Judge of the Superior Court,11th Judicial District of North Carolina, were most cooperative and helpfulOur special thanks go to Mr James C Woodard, our Clerk of Superior Court, and his efficientstaff for the invaluable assistance geven to us We could not have done this work without their helpMr Woodard was most cooperative He and his staff did everything possible to make our work movesmoothly and efficientlyA G GlennA G Glenn, ChairmanJOHNSTON COUNTY JURY COMMISSION25 Request for Radio Equipment- Four Oaks Rescue SquadMr H M Johnson of Four Oaks made a request to the Board for radio equipment to be used bythe newly organized Rescue Squad of Four OaksCommissioner Frank B Holding moved that the County purchase for the Four Oaks Rescue Squadradio equipment similar to that donated to Benson Rescue Squad and Clayton Rescue SquadCommissioner Norman C Denning seconded the motion which was carriedUpon a motion by Commissioner Frank B Holding and seconded by Commissioner Adam J Whitley,Jr the Board adjourned