April 5, 1971 - 11:00 AM - County Board of Commissioners Meeting Minutes

April 5, 1971 - Regular1 5Fit width283Meeting of Board of Commissioners for the County of JohnstonApril 5, 1971The Johnston County Board of Commissioners met in regular session in the Commissioners Roomof the Johnston County Courthouse, Smithfield, North Carolina, April 5, 1971, at 1100 oclock am,with the following members presentJ Dobbin Bailey, Chairman, Norman C Denning, Frank B Holding, Adam J Whitley, Jr andFreddie AdamsMembers Absent NoneThe following business was transacted1 Robey Eatmon - Tax ComplaintRobey Eatmon came before the Board with a statement of several years delinquent taxes forwtieh he had been charged interest and process cost as foreclosure proceedings had been brought againstthe party He asked the Board to relieve him of any penalties and process cost and agreed to pay thetaxesAfter quite a bit of discussion, the Board decided it would be setting a precedent and thatMr Eatmon should pay the process cost and the penalty2 C S CoatsC S Coats came before the Board and discussed the possibility of a ramp at the Courthouse,as he had done several times before He also brought to the attention of the Board that more portraitsshould be hung in the Courtroom He mentioned three men that he thought worthy of having their portraitsin the Johnston County Courthouse, namely John Rufus Coats, Dr James Thomas Leach and Seth Woodall, allformer members of the Johnston County Board of Commissioners and members of the State Legislature3 W G Massey - Register of Deeds - Space ProblemW G Massey, Register of Deeds, appeared before the Board and advised that space had becomea problem in the Register of Deeds Office He stated that if the County was going to maintain the samerecording system that he would have to buy new shelving and he suggested that probably the Board wouldwant to install a microfilm outfitCommissioner Adam J Whitley, Jr was authorized to work with Mr Massey and visit some ofthe Register of Deeds Offices who has the microfilm program4 Carolina Elevator Company - Elevator ContractRepresentatives of Carolina Elevator Company, Raleigh, North Carolina, presenteda proposalfor a service contract for the Courthouse elevatorAfter much discussion, Commissioner Frank B Holding moved that Carolina Elevator Company beawarded the contract for the Courthouse Elevator at a price of 4100 per month with a bimonthlyinspectionCommissioner Norman C Denning seconded the motion which was carried unanimously5 ReportsThe following reports were filed with the BoardC W TarltonRubert BarbourM W KnottHarper GodwinEleanor HooksRhetta MartinEdith Park6 Joseph Overby - Extension on Delinquent TaxExtension ChairmanDog WardenElectrical Inspector,Tax CollectorLibrarianTax?AttorneySocial ServicesJoseph Overby appeared before the Board in regards to his delinquent taxes and asked thatforeclosure be held off for another thirty 30 days and advised the Board of his plans to sell some ofhis property in order to raise money to pay up all his delinquent taxesAfter discussion of the matter with Mr Overby the Board authorized Miss Rhetta Martin, TaxAttorney, to give him another thirty 30 days7 Als Bonding Company - Business License Alvin Broughton, owner of Als Bonding Company, explained to theBoard that hehad purchasedone set of business licenses in the name of his company, which he felt would cover all employees of hiscompany Mr Broughton also explained that Harper Godwin, Tax Collector had advised him that the lawrequired a license for each employeeAfter discussion of the matter with Mr Broughton and Mr Godwin, the Board instructed W RBritt, County Attorney, to get a legal ruling on this matter from the Attorney Generalfd8}April 5,, 1971 Cont8 Moving of County Dog PoundCommissioner Freddie Adams moved that Commissioner Adam J Whitley, Jr be authorized toBarbour, Dog War g g p mywork with Rubert Bar den in movLn the Do Pound from its resent location to the CountyHome PropertyCommissioner Frank B Holding seconded the motion which was carried9 Notice of Intention to Apply for the Sale of Alcoholic BeverageCommissioner Norman C Denning moved that the Notice of Intention to Apply to the NorthCarolinaAlcoholic Beverage Control Board for a permit to sell beer for Piggly Wiggly, Incorporated,826 South Third Street, Smithfield, North Carolina, bey approvedCommissioner Freddie Adams seconded the motion which was carried unanimously10 Resolution - Medicaid ProgramCommissioner Adam J Whitley, Jr moved that the f ollowingresolution be adopted and thatcopies of the resolution be mailed to each member of the State Board of Social Services, - CliftonCraig, Commissioner, State Department of Social Services, John Morrisey, General Counsel, NorthCarolina Association of County Commissioners, and to the other 99 counties of the StateRESOLUTIONWHEREAS, the Medicaid Program of the Social Services Commission has become such unexpectedburden upon the Counties, especially the small Counties, andWHEREAS, many Counties have already spent their 1970 -1971 budget appropriations for theMedicaid Program, andWHEREAS, there appears to be no way for the State Board of Social Services to tighten theeligibility rule,NOW THEREFORE, BE IT RESOLVED by the Johnston County Board of Commissioners that °the StateLegislature, which is now in session be requested to enact legislation which would require the Stateof North Carolina to take over and relieve the Counties of the financial responsibility of theMedicaid ProgramCommissioner `Frank_; 3 Holding seconded the motion which was carried unanimously F11 Mrs Alma C Jones - Injury Claim Against CountyiMrs Alma C Jones of Clayton, North Carolina, filed a claim with the Board for an injuryshe sustained in the Courthouse several months ago while serving as a juror in Superior Court Theamount of her claim was 316600, 166600 actual expenses in connection with hospitalization andmedical treatment and 150000 for personal in5uryAfter much discussion of the matter with Mrs Jones and her husband, the Board requestedthat W R Britt, County Attorney, work with Mr and Mrs Jones and the Board gave Mr Brittthe authority to negotiate a settlement up to 20000012 State Highway CommissionW H Pridgen, Division Engineer, and Paul Anderson with the North Carolina State HighwayCommission made their bimonthly visit with the Board13 House Bill 447Commissioner Adam J Whitley, Jr moved that the Board of County Commissioners go on recordas opposing House Bill 447 now pending in the North Carolina General Assembly, and copies of thismotion be mailed to Representatives J Marvin Johnson, J Ernest Paschall, J M Gardner and toSenators Henry Milgrom and J Russell KiryCommissioner Frank B Holding seconded the motion which was carried unanimously14 Albert Hall, Jr - Beer LicenseHarper Godwin, Tax Collector advised the Board that Albert Hall, Jr who operates twoplaces of business here in Smithfield for the sale of beer would not buy beer licenses Afterhearing Mr Godwin, Commissioner Frank B Holding moved that Mr Godwin notify Mr Hall that theCounty would give him one week to purchase his beer licenses and if he did not the County would writethe State ABC Board and request that,his beer,permit be-voidedCommissioner Freddie Adams seconded the motion which was carried unanimously15 Privilege License?Fee WaivedAt the request of Commissioner Adam J Whitley, Jr, Commissioner Frank B Holding movedthat the Board waive the privilege license fee for a circus being sponsored by the American LegionPostCommissioner Norman C Denning seconded the-mtion which was carried unanimouslyiApril 5, 1971 Cont16 Contract - County of Johnston and L E Wooten and CompanyCommissioner Adam J Whitley, Jr moved that the following contract between the County ofJohnston and L E Wooten and Company, Consulting Engineers, be adoptedENGINEERING SERVICE CONTRACTNORTH CAROLINACOUNTY OF JOHNSTONCONTRACT BETWEEN COUNTY OF JOHNSTONAND L E WOOTEN AND COMPANY,CONSULTING ENGINEERSThis Contract, made and entered into this 5th day of April, 1971, by and between Board ofCounty Commissioners, JohnstonCounty, North Carolina, hereinafter called and referred to as the County,and L E Wooten and Company, Consulting Engineers of Raleigh, North Carolina, hereinafter called andreferred to as the Engineer;WITNESSETHThat, in consideration of the mutual promises herein contained, the parties contract andagree as follows1 Engineering Services1 Preliminary Study and Reporta The Engineer, after review and analysis of reports, plans and other dataavailable, including population and land use studies, and after initiation of any new studies bearingon needed information and facts, shall incorporate its findings into a report; all to determine therequirements for water supply and water distribution for the population growth centers along the north -south route of U S 301 from Smithfield to Benson This shall not be construed to be planning for adetailed distribution design within the population areas but shall provide a plan for a treated watersupply to which these communities may connect In determining the possible source of water supply,consideration shall be given, but not limited, to the purchase of treated water from the Town ofSmithfield Long range considerations to the year 2000 AD shall be the guideline in these determin-ationsb From the analysis of requirements as determined under a above, theEngineer will make preliminary design of water facilities to service areas where density of populationand need indicate that these facilities may be economically supported The Engineer will show thefacilities recommended for construction to serve the immediate needs and will indicate probablerequirements in 10 -year increments through the year 2000 for water service to the above mentioned areasc The Engineer will develop cost estimates for those portions of the watersystem proposed for implementationd The Engineer will prepare the necessary documents for submittal by theCounty for loan and or grant funds that may be available for construction of the recommended facilitiese The Engineer will meet designated representatives of the County at suchtimes as may be appropriate to keep the County fully informed as to the progress on the report and fordiscussion of any particular aspect of the findings of the Engineer inorder that the report may fullyrepresent the thinking of all partiesf Upon approval of a preliminary draft of the report by the County, the Engineer will prepare and furnish twenty 20 copies of the completed report to the Board of CountyCommissionersg The Engineer will begin work within ten 10 days after acceptance of thisproposal by the County, and will complete the work within six months2 In the event that the work covered in the preliminary report, or any portion thereof,should proceed to the construction phase, the Board of Commissioners of Johnston County agree tonegotiate with L E Wooten and Company for the design and inspection of said construction3 If at any stage it is found that it is not feasible to proceed with said preliminarystudy, the Board of Commissioners of Johnston County may terminate this contract and make adequatecompensation to L E Wooten and Company- The term adequate compensation shall include provisionsfor overhead costs such as insurance, social security, other taxes, and direct costs In the eventthat the preliminary study and report by L E Wooten and Company goes to completion, the payment dueto L E Wooten and Company shall be 5,000004 It is agreed that payment to L E Wooten and Company may be made by County of Johnstonover three of its budget years2R-6April 5,- -1971 Cont,IN WITNESS WHEREOF, the Engineer has set his hand and seal and the Board of CountyCommissioners of Johnston County, North Carolina, has caused the Contract to be signedin its name bythe Chairman of said Board, on the 5th day of April, 1971ATTESTW H BRITTClerk to BoardATTESTR F RUFFNERBOARD OF COUNTY COMMISSIONERSOF JOHNSTON COUNTYBY J DOBBIN BAILEYChairmanL E WOOTEN AND COMPANYBYPresidentNORTH CAROLINAJOHNSTON COUNTYBEFORE ME, Eleanor N Creech, a Notary Public, personally appeared W H Britt, who by mebeing duly sworn, says that he knows the corporate seal of Johnston County and is well acquainted,with J D Bailey, who is the Chairman of the Board of Commissioners of Johnston County, and that he,the said W H Britt, is the Clerk to the Board of Commissioners of Johnston County and sawthe saidChairman sign the foregoing instrument,and saw the said corporate seal affixed to said instrument bysaid Chairman, and that he, the said W H Britt, signed his name in attestation of the execution ofthe said instrument in the presence of said Chairmanof said Board of Commissioners of Johnston CountyWitness my hand and notarial seal this 5th day of April, 1971Eleanor N CreechNotary PublicMy commission expires 11-21-75NORTH CAROLINAWAKE COUNTYI, Delia S Blake, a Notary-Public, do hereby certify that R F Ruffner, Secretary of L, EWooten and Company, personally appeared before me this day and acknowledged that he is secretary ofsaid corporation, and that by authority duly given and as the official act;of,the corporation, theforegoing instrument was signed in its- name by its President, sealed with its corporate seal andattested by himself as its SecretaryWitness my hand and notarial seal this 7th day of April, 1971Delia S BlakeJ ? CLL L U U _L J--My commission expires 12-10-75Commissioner Norman C Denning seconded the motion which was carried17 Letter from State Utilities,Commission Extended Area Telephone ServiceA letter from the State Utilities Commission relative to extended area telephone servicebetween Smithfield, Kenly and Micro was introduced advising the Board that it had notified both CaroliAaTelephone and Telegraph Company and Southern Bell to make a study of the situation in these areas18 Resolution Regarding House Bill 169The Board was presented with a resolution from the Wayne County Board of Commissionersregarding House Bill 169 asking concurrence by the Johnston County Board of Commissioners in itsopposition to this BillNo action was taken20,71April 5, 1971 Cont19 Bailiffs Salaries - Superior and District CourtsJohn Twisdale, Superior Court Solicitor, advised the Board that N H Parrish was at thepresent time receiving 8000 per month as bailiff of Superior Court and that the bailiffs of theDistrict Courts were receiving 1500 per diem Mr Twisdale stated that he felt the District Courtbailiffs were being paid more than Mr Parrish, which he determined an inequityAfter discussion, the Board advised Mr Twisdale that it would take his suggestion inconsideration at the next budget making period20 Joe Grimes - Solid Waste Disposal DiscussionJoe Grimes came before the Board with several suggestions as to methods for solid wastedisposal in the county The Board and Mr Grimes had a lengthy discussion relative to his suggestionsNo action was takenUpon a motion by Commissioner Frank B Holding and duly seconded by Commissioner Norman CDenning the Board recessed subject to call by the ChairmanW H ritt, Clerk