August 11, 1977 - 8:30 PM - County Board of Commissioners Meeting Minutes (Special)

August 11, 1977 - Recessed1 4Fit width326Meeting of Board of Commissioners for the County of JohnstonAugust 11, 1977The Johnston County Board of Commissioners met in special session in theCommissioners Room of the Johnston County Courthouse, Smithfield, North Carolina,August 11, 1977, at 830 pm, with the following members presentNorman C Denning, Chairman, Frank B Holding, Vice Chairman, Howard Benton,J E Rogerson and John M Booker, DVMMembers Absent NoneChairman Denning called the meeting to order and the following businesswas transacted1 Road Petition - S R # 2110Betty Ferrell and other property owners on Secondary Road # 2110 in BeulahTownship petitioned the Board of Commissioners requesting the paving of this roadMrs Ferrell told the Board there are two very dangerous curves on the road and attimes it becomes impassable for cars and school busesThe Board assured Mrs Ferrell and others representing the petition on thisroad they would do what they could to get the road improvedAfter further discussion, Commissioner J E Rogerson moved that thispetition be mailed to the North Carolina Department of Transportation for favorableconsiderationCommissioner Frank B Holding seconded the motion which was carriedunanimously2 Secondary Road #2154Mrs Lonnie Pollock met with the Board requesting consideration forimprovements on Secondary Road # 2154 in Oneals Township Mrs Pollock told theBoard there was a real bad curve on this road The Board discussed this road withMrs Pollock and advised they would ask Paul Anderson, District Engineer, to takea look at the road and see what can be done3 Secondary Roads # 1188 and 1192Mayor Theodore Thornton of Four Oaks met with the Board regarding SecondaryRoads # 1188 and 1192 in Bentonville Township Mayor Thornton advised he wasrepresenting residents of these roads in requesting that the roads be pavedCommissioner Booker also spoke in behalf of these roads indicating theyneeded attention,4 Secondary Road # 1350Mrs Corene Hardee of Elevation Township met with the Board requestingmaintenance on Secondary Road # 1350 Mrs Hardee told the Board that this roadgot in mighty bad shape in bad weather and requested maintenance of said roadThe Board advised Mrs Hardee they would ask the State Department ofTransportation to check on this road5 Secondary Road # 2544Mr M J Oliver spoke for theresidents of Secondary Road # 2544 andexpressed they were real happy over the new priority number of 10The Board of Commissioners further discussed with the people presentsecondary roads -and the priority rating system set by the State Department ofTransportationCommissioner John M Booker emphasizedthat the Board of Commissioners dohave influence on the roads that are paved and the roads that are not paved inJohnston County6 Lot Deeded to Board of Education for Administration Building Returned toThe County by DeedKramer Jackson, County Administrator, advised the Board of Commissionershe had receivedaletter from the Board of Education stating they had voted toreturn to the Johnston County Board of Commissioners the property deeded to theBoard of Education for an Administration Building This property located onSeventh Street adjacent to the Department of Social Services Building, DavidianProperty The Board of Commissioners officially acknowledged the return of thisproperty described as followsIkAugust 11, 1977 ContNORTH CAROLINAJOHNSTON COUNTYTHIS DEED MADE and entered into this 25 day of August 1977, by and betweenJOHNSTON COUNTY BOARD OF EDUCATION, party of the first part; and THE COUNTY OFJOHNSTON, State of North Carolina, party of the second part;WITNESSETHThat whereas on the 15 day of October, 1974, the County of Johnston throughthe Board of Commissioners for the County of Johnston, by its Chairman, HonorableNorman C Denning, executed a deed conveying the properties hereinafter describedupon which an administration building was contemplated to be erected by the JohnstonCounty Board of Education; and whereas since said date the Johnston County Board ofEducation has acquired other real property at a different site for the erection ofthe administrative offices of the Johnston County Board of Education; and whereasthe Johnston County Board of Education has no further need for said property forother public school or education purposes, and whereas said Johnston County Boardof Education deems it fair, prudent and in the public interest to reconvey saidproperty to the County of Johnston; and whereas the Johnston County Board ofEducation in session on August 9, 1977, voted to reconvey said property to theCounty of Johnston and authorize the execution of a deed reconveying said propertyto the County of JohnstonNOW, THEREFORE, in consideration of the premises, and the further sum ofTEN DOLLARS paid by party of the second part to party of the first part, the receiptof which is hereby acknowledged, party of the first part has bargained and sold,and by these presents does grant, bargain, sell and convey unto the party of thesecond part,its successors and assigns, that certain lot of land in SmithfieldTownship, Johnston County, North Carolina, described as followsBEGINNING at a concrete monument in the right of way line, corner of NorthStreet and Seventh Street in the Town of Smithfield eastern side of SeventStreet and the southern side of North Street, and runs thence along thesouthern right of way line of North Street south 56 degrees 30 minutes East19000 feet to another concrete monument; thence South 33 degrees 30 minuteWest 28000 feet to a stake, another concrete monument; thence South 78degrees 30 minutes West 7000 feet to a concrete monument; thence North 60degrees 55 minutes 30 seconds West 13575 feet to a concrete monument, theeastern right of way line of Seventh Street; thence along the eastern rightof way line of Seventh Street North 32 degrees 37 minutes 51 seconds East34001 feet -to the BEGINNING, according to survey and map of RagsdaleEngineers dated June 13, 1974 See Book 776 page 541, Johnston CountyRegistryTO IIAVE AND TO HOLD the above premises unto the said party of the secondpart, its successors and assigns, to its only use and behoof forever, so that thegrantor herein, or any other body, corporation, persons in its name and behalf willnot hereafter claim or demand any right or title to the premises or any part there-of, but that it and they by these presents shall be forever barredIN WITNESS WHEREOF, said party of the first part, Johnston County Board ofEducation, has caused these presents to be signed in its name by its Chairman andits seal to be hereto affixed and attested by its secretary, all by authority andorder of said Johnston County Board of Education, given, this the day and year firstabove writtenJOHNSTON COUNTY BOARD OF EDUCATIONBY Ray BoyetteCHAIRMANATTESTE S Simpson, SuperintendentClerk7 County of Johnston Settles Lawsuit - Ecks Hauling Rigging vs County ofJohnston, James Lester Martin and Sheriff Aaron WoodW R Britt, County Attorney, met with the Board of Commissioners and re-ported that negotiations had been made with the insurance companies and EcksHauling Rigging Company of Montoursville, Pa, and an agreement had been reachedto settle out of court the lawsuit brought against the county as the result of awreck occuring on March 25, 1976, involving James Lester Martin, a special deputysheriffi328August 11, 1977 ContMr Britt advised the Board there was question about county coverage ofJames Lester Martin not acting directly for the county at the time of the accidentThere was question by the insurance company about Deputy Martin being a countyemployee as he is paid on a fee schedule and not a regular salary However, MrBritt, Austin Stevens representing James Lester Martin and Spence and Spencerepresenting Sheriff Wood, after lengthy negotiations had been able to get 5,000from Martins insurance company, 12,500 from Aetna countys insurer and if thecounty will agree to 6,35210, Ecks Hauling Rigging had agreed to settlethe litigation for a total of 23,85210 for damages Ecks had originally filedsuit in the amount of 37,500Commissioner John M Booker asked Mr Britt what Deputy Martin and SheriffWood had to say regarding the accident Commissioner Booker further stated thatneither the Sheriff nor the deputy had appeared before the Board to discuss thecase or answer any arising questions Mr Britt explained there was a variationin the stories told by the Sheriff and Deputy Martin regarding the circumstancesof the deputys responding to a call reporting a plane crash in northern JohnstonCounty Mr Britt also advised the board this was the reason he had recommendedthe county employ separate attorneys to_represent Sheriff Wood and Deputy Martin inthe lawsuitCommissioner Booker further emphasized that he was concerned and did notfavor settlement of the lawsuit at this time as all the facts had not been presentto the board in this case Commissioner Booker questioned whether or not DeputyMartin was responding as the result of being dispatched to a plane crashRoy Coates, a West Smithfield citizen, agreed with Commissioner Booker, thatthe case should not be settled until the Board was more certain of all the facts,fully knowledgeable of the circumstances and could render a just decision inconsideration of taxpayers moneyCommissioner Frank B Holding, Howard Benton and J E Rogerson felt thelawsuit should be settled out of court to avoid additional legal fees to the countyand also felt they should support the countys law enforcement officers, as thecounty has some obligation in defense of county employees Commissioner Holdingalso emphasized that should the case go to court, the courts might free the countyof any liability, however, in turn, they might leave Deputy Martin and Sheriff Woodwith more financial responsibility than they could afford to pay CommissionerHolding further stated I think this settlement is fair as it represents a compromiMr Britt advised in a professional capacity h_e recoi_nended the cas esettled as soon as possibleAfter a lengthy debate, Commissioner Frank_ B Holding jpoved that the Boardof Commissioners authorize W R Britt, County Attorneys, to settle the lttigati;onagainst the County of Johnston, James Lester Martinand Aaron W -oodThe Chairman called for discussionCommissioner Howard Benton stated frankly since T have been on ths?Board,,I have not had a worse decision to make, T am the typeof, person, 1 believe whenyou get in a bad situation, you get out the best way youcan for th_e best interestof everyone and I think the best way here for everyone concerned i,s to s?ettlell, soI am going to second Mr Holdings motionCommissioner Holding moved that the above motion be amended, that the CountAttorneybe authorized to pay to Ecks Hauling Rigging in the amcaunt o 6,352,10and this amount be appropriatedWowx,B? -on seconded the amendment Commissioner Booker recommended that the motion be defeated,The motion was passed by the following vote,Aye Commissioners Howard Benton, Frank B Holding, J E Rogerson andNorman C Denning,Nay Commissioner John M BookerAfter further discussion, Commissioner Frank B Holding withdre th-eamendment to his original motion Commissioner Howard Benton withdrew; hi;,a secondto the amendmentCommissioner Howard Benton moved that the attorneys fees be paid in theamount of 2,90105, in the following manner, Spence and Spence 1,03605, L AustinStevens 50000 and William R Britt 1,36500, and further that a check be writtenfor 6,35210 in settlement of the case Ecks Hauling Rigging Company vs Countyof Johnston, Aaron Wood and James Lester Martin, and a budget amendment be made forpayment of the above in the amount of 9,25315 and appropriated from ABC RevenuesiiCommissioner Frank B Holding seconded the motionIfI?I1August 11, 1977 ContThe Chairman called for discussionCommissioner Booker stated he was not in opposition to paying the legalfees in defense of county employees as we Board of Commissioners have someobligation, however, there are still some question as to whether or not Mr Martinis a county employee Commissioner Booker did ask Mr Jackson, County Administratorif he felt the bills presented by the attorneys representing this case were anaccurate and honest account of legal services rendered to the county Mr Jacksonresponded that the county was obligated to pay,the legal fees and he felt no reasonto question the billsAfter more discussion, Commissioner Howard Benton withdrew his foregoingmotion Commissioner Frank B Holding withdrew his secondAt this time, Commissioner John M Booker moved that the legal fees bepaid in the proper amounts to William R Britt, L Austin Stevens and Spence andSpenceCommissioner J E Rogerson seconded the motionAfter discussion of the immediate above motion to pay the legal fees toattorneys, Commissioner John M Booker withdrew his motion Commissioner J ERogerson withdrew his secondAfter a lengthy discussion as to how the motions should be made in referenceto the case Ecks vs County of Johnston, Aaron Wood and James Lester Martin,Commissioner Howard Benton moved that the Board of Commissioners authorize thepayment of 6,35210 in settlement of the litigation brought against the County ofJohnston by Ecks Hauling and RiggingCommissioner Frank B Holding seconded the motion which was carried by thefollowing voteAye Commissioners Howard Benton, J E Rogerson, Frank B Holding andNorman C DenningNay Commissioner John M BookerCommissioner Howard Benton moved that a budget amendment be made in theamount of 2,90105 to pay attorneys fees and appropriated form ABC revenuesCommissioner John M Booker seconded the motion which was carriedunanimouslyCommissioner Howard Benton further moved that a budget amendment be made inthe amount of 6,35210 and appropriated from ABC RevenuesCommissioner Frank B Holding seconded the motion which was carried by thefollowing voteAye Commissioner Howard Benton, J E Rogerson, Frank B Holding andNorman C DenningNay Commissioner John M BookerUpon a motion by Commissioner Howard Benton, duly seconded by CommissionerJ E Rogerson and carried unanimously, the Board recessed to meet again August 16,1977, at 730 pm-4 s-I- A 3LLC?Eleanor N Creech, ClerkNorman C Denning, Chairman