July 15, 1976 - 7:30 PM - County Board of Commissioners Meeting Minutes (Special)

July 15, 1976 - Recessed1 4Fit widthJuly 15, 1976The Johnston County Board of Commissioners met in special session in the CommissionersRoom of the Johnston County Courthouse, Smithfield, North Carolina, July 15, 1976, at 730 pm,with the following members presentNorman C Denning, Chairman, Frank B Holding, Vice Chairman, Howard BentonMembers Absent Freddie AdamsThe following business was transacted1 Secondary Road ProgramPaul Anderson, District Engineer, North Carolina Department of, Trans portation, Division206July 15, 1976 Contof Highways, appeared before the Board of Commissioners and presented a Secondary Road Programfor paving Secondary Road #1110 and Clearing and Grubbing Secondary Road #2134 Mr Andersonexplained that the 3,000 appropriated for the work on Secondary Road #2134 was a balance of 1975-1976 funds and requested permission to use these funds as appropriated on this program MrAnderson further explained that Secondary Road #1110 was an overdraft from last years fundedprogram and requested permission to use 1976 -1977 funds to complete the paving of this roadAfter reviewing with Mrmoved that the following program beRoad No 1110, from NC 242 to 1113,Road No 2134, from SR 2133 to StaFunds, Total 3,000Commissioner Howard BentAnderson the above proposals, Commissioner Frank B HoldingapprovedLength 15, Pave 22,500, from 1976 -1977 Funds, Total 22,50077 +50, Length 15, Clearing and Grubbing Balance from 1975 -76on seconded the motion which was carried unanimously2 Clean Water Grant - Smithfield - Kenly WaterlineCommissioner Howard Benton moved that Norman C Denning, Chairman, be authorized to signan agreement to accept a grant offer of 179,531 allocated from the states Clean Water Bond Fundto help finance construction of the Smithfield to Kenly Water LineCommissioner Frank B Holding seconded the motion which was carried unanimouslyIt was noted that these funds were originally set aside for the Clayton Water Line, how-ever, the Commissioners recently asked the state to release these funds for the Kenly project as theClayton Water Line is some time away3 Livestock Arena - ArchitectCommissioner Howard Benton moved that Harry McGee, Smithfield, North Carolina, be retaineas the architect for the new Johnston County Livestock Arena2Commissioner Frank B Holding seconded the motion which was carried unanimouslyEasementHiqh SchCounty of Johnston, Board of Education Town of Smithfield Smithfield_ Junior1 - Sewaae Pumpinq StationCommissioner Frank B Holding moved that Norman C Denning, Chairman, be authorized toco -sign an easement permitting the Town of Smithfield and the County of Johnston access to thesewage pumping station located on the grounds of the new Smithfield Junior High SchoolCommissioner Howard Benton seconded the motion which was carried unanimouslyThe Board was advised that this easement was required in order to receive the 25 8,grant from the StateNORTH CAROLINAJOHNSTON COUNTYEASEMENTTHIS DEED OF EASEMENT made this 8th day of July, 1976, by and between the JOHNSTON COUNTYBOARD OF EDUCATION, party of the first part; and THE COUNTY OF JOHNSTON and TOWN OF SMITHFIELD,parties of the second part;IIWITNESSETHThat whereas the party of the first part is the owner of a certain parcel of land in SelrrTownship, Johnston County, North Carolina, and whereas said parties of the second part desire apermanent easement and right of way across said lands for the purpose of building, maintaining, andthe servicing of a sewage pumping station upon said lands upon which is situate the new Smithfield -Wilsons Mills Junior High School, said school being approximately seven - tenths of a mile Northof the present corporate limits of the Town of Smithfield, N C; and whereas, it is necessary that,in so doing, the parties of the second part go upon said lands for said construction and mainte-nance of said sewage pumping stationNOW, THEREFORE, the party of the first part, for and in consideration of the sum of TENDOLLARS to it in hand paid by parties of the second part, does hereby grant, give, and convey untosaid parties of the second part and their successors and assigns, the right to construct, maintain,inspect, operate, protect, repair, replace, or remove said sewage pumping station, together with theright of ingress and egress to and from the same for the purposes aforesaid, over, under, and acrosssaid lands of which the party of the first part warrants that it is the owner in fee simple, saidlands being more particularly described as followsBEGINNING at a point in the center of NCSR 1003, said point being the Northeastcorner of a 10 -ft access easement going to the Simmons property; thence withthe northern line of said easement N 62 deg 11 00 W 140391 feet to a corner,said corner being the Northwest corner of a 10 -ft access easement to theSimmons property and also being in the Eastern property line of property nowiiIgo15 19owned by Lacy Simmons; thence with Lacy Simmons eastern property line N23 deg 22 09 E 5023 feet to an iron stake; thence with said Easternproperty line of Lacy Simmons N 14 deg 39 03 E 83163 feet to anew corner in said line; thence a new line with N B Grantham, Sr, S64 deg 38 24 E 157367 feet to a point in the center of NCSR 1003;thence with said road S 25 deg 21 36 w 42758 feet; thence S 27deg 03 03 W 50015 feet to the BEGINNING, containing 30014 acres,excluding highway right of way See Book 768 page 805, Johnston CountyRegistryIt is the purpose of this easement to convey to parties of the second part herein apermanent easement as described aboveTO HAVE AND TO HOLD said right of way and easement to them, the said parties of thesecond part, their successors and assigns, continuously and perpetuallyIt is agreed that said sewage pumping station, and all things connected therewith,to be built, maintained, and serviced under this easement shall be done at sufficient depth belowthe surface of the ground to permit the safe and normal use of the land, and the party of thefirst part shall at all times have the right to fully use and enjoy the above described premises,subject to the rights herein granted to parties of the second partThat the parties of the second part hereby agree to indemnify and save harmless theparty of the first part from all damages and claims for damages, including, but not limited to,personal injuries to public school personnel, students, patrons, and other persons lawfullyentitled to visit and be upon said premises that may arise by reason of the construction, mainte-nance, servicing, inspection, operation, repair, replacement or removing of said sewage pumpingstation and have the right of ingress and egress upon the lands above describedIN TESTIMONY WHEREOF said party of the first part has caused these presents to be signedin its name by its Chairman, its official seal to be hereto affixed and attested by its Secretary,the day and year first above writtenIN TESTIMONY WHEREOF The County of Johnston has caused these presents to be signedin its name by its Chairman, its official seal to be hereto affixed and attested by its Clerk,the day and year first above writtenIN TESTIMONY WHEREOF the Town of Smithfield has caused these presents to be signed inits name by its Mayor, its official seal to be hereto affixed and attested by its Clerk, the dayand year first above writtenJOHNSTON COUNTY BOARD OF EDUCATIONBYCHAIRMANATTESTcretaryTHE COUNTY OF JOHNSTONBY Norman C DenningCHAIRMANATTESTEleanor N CreechCLERKTHE TOWN OF SMITHFIELDBYMAYORATTESTCLERK5 Public AuctionCommissioner Frank B Holding moved that Kramer Jackson, County Administrator, beauthorized to hold a Public Auction at 10 oclock am, Saturday, July 24, 1976, location of thepublic auction, a vacant lot owned by the county on Johnson Street adjacent to the office of AttoE V WilkinsCommissioner Howard Benton seconded the motion which was carried unanimously6 Tax Foreclosure SuitsKramer Jackson, County Administrator, advised the Board that Harper Godwin, Tax Collectorhad requested permission to retain Andy Holland, Attorney, to bring suit and sell property for208failures to pay taxes on the property outstanding prior to 1971 Mr Jackson advised the Bocardthat in one day last month the courts dismissed 95 cases on file for failure to pay taxes, thecases were dismissed because of failure of the plaintiff county to appear in court In thefuture, each case dismissed can cost the county 2400 per case plus the taxes involvedThe Board discussed the taxes and foreclosure procedure at length and asked Mr Jacksonand Harper Godwin to work with this situation for the best interest of the county and report backto the Board7 EMS Regional Council - Delegate -At -LargeCommissioner Frank B Holding moved that Paul Langdon, Route # 1, Selma, North Carolina,be appointed to the Emergency Medical Services Regional Council as a delegate -at -large representingJohnston CountyCommissioner Howard Benton seconded the motion which was carried unanimously8 County Commissioner AppointedMrs Jo -Ann Johnson, Chairman, Johnston County Democratic Executive Committee, met withthe Board of Commissioners and reported that the Democratic Executive Committee recommended byunanimous decision that the Johnston County Board of Commissioners appoint Larry Castleberry ofClayton to fill the vacancy of his brother the late Commissioner Hoyt G CastleberryUpon a motion introduced by Commissioner Frank B Holding, duly seconded by CommissionerHoward Benton and carried unanimously, the Board appointed Larry Castleberry of Clayton as CountyCommissioner to fill the unexpired term of the late Commissioner Hoyt Castleberry, effectiveimmediatelyCommissioner Howard Benton stated that in the future he felt the county should considerappointing more women than they have been appointing to positions in the county, as the countyhas many qualified women willing to serve Commissioner Frank B Holding stated that he agreedwith Commissioner Benton9 County MechanicThe Board discussed briefly the employment of a full time county mechanic, however, tookno official action at this time The Board asked Kramer Jackson, County Administrator, to contactMr E S Simpson Board of Education to see if his maintenance department would be interestedin doing some light maintenance work on county carsUpon a motion by Commissioner Frank B Holding, duly seconded by Commissioner HowardBntan, and carried unanimausly,, the lBoard, recessed subjectf o call by the Chairman-tomNorman C Denning, Chairman4?anor N Creech, lerk