January 8, 1991 - 6:45 PM - County Board of Commissioners Meeting Minutes

January 8, 1991The Johnston County Board of Commissioners reconvened in regular session Tuesday,January 8, 1991, at 645 pm, in the Commissioners Room, Johnston County Courthouse Annex,Smithfield, NC, with the following members presentNorman C Denning, Chairman, Frank B Holding, Vice Chairman, James W Cash, John MBooker, DVM, and Jerry F Wood, DDSMembers Absent NoneAlso present Richard B Self, County Manager, Eleanor N Creech, Clerk to the Board,Joyce H Ennis, Deputy Clerk to the Board, and William R Britt, County AttorneyThe Chairman called the meeting to order and the following business was transacted1 County Holiday Schedule AmendedCommissioner Frank B Holding moved the following new schedule of County Holidays beadopted effective January 1, 1991, and further that the Johnston County Personnel Policies beamended in accordance with the new Holiday ScheduleNew Years Day; Martin Luther King, Jr Day; Good Friday; Memorial Day; IndependenceDay; Labor Day; Veterans Day; Thanksgiving Day and Christmas Days 2 Work DaysCommissioner Jerry F Wood seconded the motion which carried by unanimous vote2 Hazardous Waste Commission - Possible Regulation ChangesWilliam R Brtt, County Attorney, reported to the Board that he and the County Managerhad attended a Hazardous Waste Commission meeting in Raleigh today January 8th and effortsare being made to change rules set up by the Legislature for selecting hazardous waste sitesThis could mean other Johnston County sites might be considered In view of thesepossibilities, Mr Britt recommended that the firm of Everette, Gaskins, Hancock and Stevensbe retained to keep the county advised and informed on developments of the General Assembly,State Boards and Commissions and make appearances as deemed advisableAfter discussion and upon the County Attorneys recommendation, Commissioner John MBooker moved that the following agreement be approvedLetter of January 14, 1991 from William G Hancock, Jr of the law firm of Everett,Gaskins, Hancock Stevens, Raleigh, NC; states the agreement in fullJanuary 14, 1991Mr Richard B SelfJohnston County ManagerPost Office Box 1049Smithfield, North Carolina 27577Re Legislative RepresentationDear RichardThis letter will confirm the undertstandings we have reached with the Commissioners ofJohnston County and you regarding the representation of Johnston County by our firm before theNorth Carolina General AssemblyrMWO-10 •January 8, 1991 - ContinuedAfter discussion with you and with the Commissioners, we have agreed to represent JohnstonCounty during calendar year 1991 before the North Carolina General Assembly in connection withthe States effort to secure a site for a hazardous waste incinerator and related facilitiesSpecifically, we have been asked to oppose, on behalf of Johnston County, the location of anyof these components within the geographical boundaries of the County We have also been askedto monitor legislation related to this subject and to work to assure that whatever legislationpasses regarding this subject, if any, is favorable to the interests of Johnston CountySubject to the conditions set forth in this paragraph, our fee for this representation will be45,00000 for the calendar year 1991 We have agreed that this fee would be paid in thefollowing increments - 5,00000 on January 31; 10,00000 on February 28; 10,00000 onMarch 31; 10,00000 on April 30; 3,00000 on May 30; 3,00000 on June 30; 3,00000 on July30; 1,00000 on August 30While I think we would agree that it is unlikely that this matter would be resolved in thefirst few months of 1991, we have discussed and have agreed that Johnston County should not beobligated for the entire fee in the event that this matter is resolved sooner thananticipated For that reason, we have mutually agreed that if anything happens whicheffectively and permanently removes Johnston County from consideration as a site for ahazardous waste incinerate or related facility on or before March 31, 1991, that the fee forthis representation shall be limited to the aggregate sum of 25,00000 Further, if anythingshould happen which effectively and permanently removes Johnston County from consideration asa site for the hazardous waste incinerator or related facility on or before April 30, 1991,then the fee for this representation shall be limited to the aggregate sum of 35,00000We have discussed the fact that the General Assemblys consideration of this issue may takeseveral different forms It is possible that the leadership of the General Assembly will askone or more of the major standing committees to consider this subject and develop legislativeproposals forconsideration during this session It also appears highly likely that the Martinadministration will ask the General Assembly to approve the recommendation made thus far bythe Hazardous Waste Commission This proposed legislation would presumably be assigned to amajor committee for consideration during this Session It is also possible that the GeneralAssembly will establish an outside commission to develop new proposals for considerationeither in this session of the General Assembly or the next session Our representationagreement includes our work in all of these areas during the year 1991 As we have discussed,our firm will continue to provide you with regular statements regarding work performed withrespect to the litigation outside this agreementMark Payne and I will be the principal attorneys working on this matter here at the firm andwill register as lobbyists for Johnston County for that purpose One of my partners, HughStevens, will also be spending a good bit of time at the General Assembly and we may registerhim as well so that, if necessary, he would be able to assist from time to time if necessaryMs Barner Huntsinger is secretary to both Mark and me and will be available to assist you orother members of your staff at any time Ms Pam Lewis is the paralegal at our firm who willbe in charge of maintaining the file We have further agreed that the fee set forth above willbe an annual retainerWe appreciate the confidence you have placed in our firm in asking us to assist JohnstonCounty in this important matter We will keep you informed regularly of developments in thismatter and will use all of our ability to achieve a beneficial result for Johnston County Ifthe foregoing letter correctly sets forth our agreement, I would appreciate it if you wouldsign the enclosed copy of the letter and return it to meWith best wishes,Sincerely,EVERETT, GASKINS, HANCOCK STEVENSWilliam G Hancock, JrWGHblhWGH2;self2Enclosurecc J Mark Payne, EsquireWilliam R Britt, EsquireACCEPTED BYRichard B SelfJohnston County ManagerCommissioner James W Cash seconded the motion which carried by unanimous voteUpon a motion by Commissioner John M Booker, duly seconded by Commissioner Frank BHolding and carried by unanimous vote, the Board adjournedEleanor N Creech, ClerkBoard of CommissionersaNorman C Denning, Chairman1,EDetailsAnnotationsEntry PropertiesModified11192013 10741 PMCreated3282003 14529 PMTemplateMinutesFieldsMinutes - TypeRecessedMinutes - Date181991Book18