May 3, 1971 - 11:00 AM - County Board of Commissioners Meeting Minutes

1 4Fit width207-May 3, 1971The Johnston County Board of Commissioners met in regular session in_ the Commissioners Roomof the Johnston County Courthouse, Smithfield, North Carolina, May 3, 1971, at 11 oclock am, withthe following members presentJ Dobbin Bailey, Chairman, Norman C Denning, Frank B Holding, Adam J Whitley, Jr andFreddie AdamsMembers Absent NoneThe following business was transacted1 Pias Hudson Estate Delinquent Tax AccountHarper Godwin, Tax Collector, and E A Parker, Attorney, representing the Pias Hudson Estate,appeared before the Board regarding a delinquent tax account against this estate Mr Godwin advisedthe Board that the taxes amounted to about 4,00000, but was in such physical condition that it wouldbe hard to identify in court Mr Parker agreed with the Tax Collector, but advised that he would haveto defend a suit on behalf of his clients, and suggested in order to avoid a suit that the Board offera settlement of less than 4,00000After quite a bit of discussion, Commissioner Adam J Whitley, Jrneed that the Board acceptpayment of 2,75000 in full settlement of the delinquent tax account in the of Pias Hudson EstateCommissioner Freddie Ad -ams seconded the motion which was carried2 Mayor Wiggs - Town of Selma - Extension of Water Line RequestHayden Wiggs, Mayor, Town of Selma, along with Tom Moore, Engineer, made a formal requestthat the Board of County Commissioners extend the County water line from the bridge over highway 70 -Ato the Selma Town limits at Ricks Road, which is approximately 2250 feetIt was pointed out by Mayor Wiggs that the Town of Selma would hook on to the County lineand then Selma and Smithfield would be connectedAfter much discussion, Commissioner Frank B Holding moved that the County extend its waterline as requested as soon as and when the Town of Selma was ready to hook onCommissioner Freddie Adams seconded the motion which was carried unanimously3 Landfill Visits - Commissioner WhitleyCommissioner Adam J Whitley, Jr reported to the Board that he had visited landfills inWake County and Wayne County and made several comments concerning his visits208May 3, 1971 Cont4 Joe Overby - Delinquent TaxesHarper Godwin, Tax Collector reported that Joseph Over-bys tax account was still not up todateAfter much discussion, the,Board instructed Mr Godwin to advise, the County Tax Attorney toproceed with foreclosure suits against Mr Overby5 PACE Student - Department of Social ServicesMrs Edith Park, Director, Department of S,ocial Services, advised the Board that she had beencontacted regarding the employment of a PACE student inher department, during the summer months, andthat she had arranged to employ one 1 student for twelve 12 weeks, beginning in June, and advisedthat it would only cost the county 20500As a result of Mrs Parks `request, Commissioner Norman C Denning moved that she beauthorized to employ one 1 PACE student and that the County Auditor and Treasurer be authorized tomake payment for sameCommissioner Freddie Adams seconded the motion which was carried6 ReportsThe following reports were filed with the BoardC W Tarlton Extension ChairmanM W Knott Electrical InspectorEdith Park Social Services DirectorWilson Br oadwell Civil Defense DirectorRubert Barbour Dog WardenEleanor Hooks Librarian7 Schedule B Licenses - ResolutionUpon the recommendation of Harper Godwin, Tax Collector, Commissioner Adam J Whitley, Jrmoved that the following resolution be adoptedWHEREAS, it is provided in Chapter 158, Public Laws of 1939, in an act entitled Revenue Actof 1939 , under Article II Section B, License Taxes of said Chapter, as amended, that the countiesof North Carolina or any of them may impose and levy a county license or privilege taxes for theprivilege of carrying on the business exercises, exercising the privilege of doing the act namedtherein, beginning June 1, 1971 and ending May 31, 1972;WHEREAS, the - County of Johnston, a body corporate and politic in the State of North Carolina,by and through its Board of Commissioners, desires to impose and levy said licenses and privilege taxesin Johnston County for the said tax year 1971 -1972, in strict accordance with the provisions of saidArticle II, Schedule B; and to impose and levy said taxes, and to require reasonable reports fromdistr,,ibutors in order to make the tax levy and collection effective, in amounts to full extent and limitauthorized under said Article II, Schedule BNOW THEREFORE, did resolveThat the Board of Commissioners of Johnston County do hereby impose and levy in and for the,County of Johnston, North Carolina, for the tax year beginning June 1, 1971, and ending May 31, 1972,licenses and privilege taxes provided for and authorized under the provisions of Article II, ScheduleB, of Chapter 158, Public Laws of 1939, as amended, and which under said Article the Counties ofNorth Carolina are authorized and empowered to impose, levy, collect and require reasonable reportsfrom distributors in order to make the tax levy and collection effective; and did resolve further, thatsaid Board of Commissioners does hereby impose, levy and require reasonable reports from distributorsin order to make the tax levy and collection effective in amounts to the full extent and limitauthorized under said Article II, Schedule BCommissioner Norman C Denning seconded the motion, which was carried8 Road Petition - F7owell Drive - No 1966The Board of County Commissioners was presented a road petition from property owners for,thepaving of S R # 1966 Powell Drive , Route # 4, Smithfield, North CarolinaCommissioner Norman C Denning moved that the petition be mailed to the State Highway Commissiin Wilson, North Carolina, for considerationCommissioner Freddie Adams seconded the motion which was carriedris?viIMay 3, 1971 Cont9 Resolution - Johnston County Bar AssociationW H Britt, Clerk, introduced the following resolution which was passed by the JohnstonCounty Bar Association on Thursday, April 15, 1971WHEREAS, the members of the Johnston County Bar Association wish to express their thanksand appreciation to the Board of Commissioners ofthe County of Johnston for the improvements andadditions that have been made to the courtroom and court facilities in the courthouse in Smithfield,North Carolina, and for the proposed improvements and remodeling that is to be done to the formerSmithfield Herald Building for the purpose of providing therein courtroom facilities and otherfacilities necessary in connection with the operation of theDistrict Court of Johnston County, forthe benefit of not only the Court and Court officials, but for all the citizens of Johnston County;THEREFORE,-by unanimous vote, the members of the Bar Association of Johnston County, ontheir behalf and on behalf of the citizens of Johnston County, do hereby commend and extend a voteof thanks to the Johnston County Board of Commissioners for the improvements and additions that havebeen made to the courtroom and Court facilities in the courthouse in Smithfield, North Carolina,and for the proposed improvements and remodeling that is to be done to the former Smithfield HeraldBuilding for the purpose of providing therein courtroom facilities and other facilities necessary inconnection with the operation of the District Court of Johnston County, for the benefit not only ofthe Court and Court officials, but for all the citizens of Johnston CountyThis the 15th day of April, 1971JOHNSTON COUNTY BAR ASSOCIATIONBy Joseph H LevinsonJoseph H Levinson, President10 Settlement - Alma C Jones ClaimCounty Attorney W R Britt advised the Board that he had reached an agreement with MrsAlma C Jones to settle the injury claim sustained in the Courthouse while serving on jury in November,1970, and that she had signed a release, relieving the County of any liabilityAfter a discussion with Attorney Britt, Commissioner Adam J Whitley, Jr moved that theCounty Auditor and Treasurer be authorized and instructed to pay Mrs Jones in the amount of 2,00000Commissioner Norman C Denning seconded the motion which was carried11 Release - Alma C Jones ClaimNORTH CAROLINAJOHNSTON COUNTYFor and in consideration of the payment to me of the sum of TWO THOUSAND 2,00000 DOLLARS,receipt of which is hereby acknowledged, I have released and discharged, and by these presents I dofor myself, my heirs, executors, administrators and assigns, release, acquit and forever discharge theCounty of Johnston of and from any and all actions, causes of action, claims, demands, damages, costs,loss of services, expenses, compensation, doctor and medical, drug and hospital costs, and allconsequential damage on account of, or in any way growing out of, any and all known and unknown injuriesand death and property damages resulting or to result from accident that occurred on or about the 9thday of November, 1970, at, near, or inside the Johnston County Courthouse at Smithfield, NorthCarolina, including the ladies restroom near the County Treasurers office I understand that thisis a complete and final release for all damages and injuries sustained by me, past, present andprospective in nature I further acknowledge, that by the payment of the above amount the County ofJohnston does not acknowledge liability in this case but that payment is authorized only for thepurpose of avoiding the payment of legal expenses in defending any court action which I might havebrought had not this settlement been madeI? WITNESS my hand and seal this 3- day of May, 1971Alma C JonesNORTH CAROLINAJOHNSTON COUNTYI, Rosalyn H Howes , a Notary Public, do hereby certify that Mrs Alma C Jonespersonally appeared before-me this day and acknowledged the due execution of the foregoing ReleaseWitness my hand and notarial seal this 3 day of May, 1971Rosalyn H HowesNotary PublicMy Commission expires 9 -5 -75tagoMay 3, 1971 ContI12 Johnston County Civil Defense Rescue Squad — Radio Contractg greed to maintain the variousIt was brought to the attention of the Board that when it aRescue Squads radio equipment that the Civil Defense Rescue Squad was omitted unintentionallyAt the suggestion of Commissioner Norman C Denning, Jiggs Broadwell, Civil Defense Directorwas instructed to advise Frank Flowers with Southern Communications and Electronics to bring the CivilDefense Rescue Squad equipment under the maintenance contract13 - Resolution - Shelter in Public Structures for Johnston CountyAt the request of Jiggs Broadwell, Civil Defense Director, Commissioner Norman C Denningmoved that the following resolution be adopted by the BoardOFFICIAL RESOLUTIONSHELTER IN ;PUBLIC STRUCTURES FOR,JOHNSTON COUNTY1 Every officer, board, department, commission, or, commissions of Johnston County, chargedwith the duty of preparing specifications, or awarding or entering into contracts for the design,erection or construction of buildings, or other structures, including additions to existing structures,for the county shall incorporate or cause to be incorporated in such buildings, or other structures,fallout protection for at least its normal anticipated population which shall meet or exceed themimimum space and fallout protection criteria recommended by the Office of Civil Defense, United StatesDepartment of Defense, unless exempted from such shelter requirement in accordance with Section 2 ofthis Resolution2 The Civil Defense Director may exempt buildings or structures from this requirement bymeans of memorandum where he finds that such incorporation of fallout shelter will create an additionalnet cost in construction of such structure in excess of zero percent 0 of the estimated cost thereofwithout shelter so incorporated, or that other factors as he may determine make unnecessary the in-corporation of fallout shelter in such structures3 It shall be the policy ofJohnston County that fallout shelter be incorporated in allpublic buildings of the county to the fullestextent practicable, in order to provide protection againstradiation for the greatest number of people in the event of nuclear attack4 This Resolution shall take effect , 1971Johnston County Board of CommissionersJ Dobbin BaileyNorman C Denning-Adam J WhitleyFreddie AdamsFrankB HoldingCommissioner Adam J Whitley, Jr seconded the motion which was carried14 Rulin from,At?torne, General Individual License for Bonding Companyg y ?W R Britt, County Attorney, reported to the Board that he had requested a ruling from,theState Attorney General concerning the individual license for a bonding company, but had received noruling as of this date15 Payment to W R Britt, County Attorney - Settlement of Alma C Jones ClaimCommissioner Adam J Whitley, Jr moved that W R Britt, County Attorney be paid 10000for his services in the,settlement of the Alma C Jones claimCommissioner Norman C Denning seconded the motion which was carried16 Floyd Thitehurst - Increase in Travel Allowance Request-Floyd Whitehurst, Assistant to the Dog Warden, appeared before the Board requesting a 2000monthly increase in his travel allowanceMrWhitehurst was advised by the Board to hold his request in abeyance until budget makingtime which was only two 2 months awayUpon a motion by Commissioner Norman C Denning and duly seconded by Commissioner Frank BHolding the Board recessed subject to call by the ChairmanJ Dobbin Bailey, ChairmW H Britt, ClerkI?Ii It