January 3, 1989 - 10:00 AM - County Board of Commissioners Meeting Minutes

Meeting of the Johnston County Board of CommissionersJanuary 3, 1989The Johnston County Board of Commissioners met in regular session on Tuesday,January 3, 1989, at 1000 am_ in the Commissioners Room, Johnston County Courthouse,Smithfield, North Carolina, with the following members presentNorman C Denning, Chairman, Frank B Holding, Vice Chairman, James W Cash,Jerry F Wood, DDS and John M Booker, DVMBoardMembers Absent NoneAlso Present Richard B Self, County Manager, and Eleanor N Creech, Clerk to theThe Chairman called the meeting to order and the following business was transacted1 MinutesThe Chairman asked if there were any corrections to the minutes of December 5,1988, and December 14, 1988, board meetings There being no corrections, the Chairmandeclared the minutes stand approved2 Petition to Johnston County to Allow Hunting of Deer with DogsThe County Manager referred to a local act that was passed in 1975 prohibiting thehunting of deer with dogs, and stated that when the Wildlife Act was rewritten in 1979, thelaw was retained, both without action by the Board NC Gen Statute 113 - 1331 retains the1975 Session Law, Chapter 342The Chairman said it is his understanding that another petition is being circulated tocome before the Board opposing the hunting of deer in Johnston County with dogs, and inhis opinion, any change in these laws would need to come from the NC Legislature TheChairman asked for a show of hands of those present who oppose hunting deer with dogs Itappeared that all present to address this matter were opposedCommissioner Holding, in addressing the group, advised that a change would requirea local act and he suggested the group communicate with local legislatorsThe Chairman asked if anyone wished to address the BoardA Rudolph Howell , speaking on behalf of the group, asked the Commissioners totake some action and endorse a petition against allowing the hunting of deer with dogs inJohnston CountyB Donnie Capps, representing Country Squire Hunting Club, asked what they coulddo to stop deer hunting with dogs, as it is going on in the CountyC Ross Lampe, asked if local representatives have to be unanimous for a local lawto pass; Commissioner Holding explained it would be handled like any other law, by amajority of the voteD Vernon Thompson commented that if all local representatives support a local bill,there would be no problem in getting one passed He asked, Is the Board going to beactive in the petition A decision by the County Commissioners carries a lot of weight withlocal representatives Commissioner Holding responded that in the past, members of the General Assemblyhave come before the Board and asked the Board of Commissioners for an opinionChairman Denning asked for comments from those present on why they were opposedto allowing the hunting of deer with dogsE Melvin Wilkins says he is opposed to hunting deer with dogs because dogs knowno boundaries They know nothing about posted land or wildlife reservations; they will chaseanything, livestock and etc - most hunters are using high - powered rifles that are verydangerous I can see no valid reason to hunt deer with dogsiIit ;A petition withapproximately 900 signatures was presented tothe Board fromcitizens, residents andsportsmen ofJohnston County to make it lawful to run, chase andhunt deer during deerseason withdogs under the control of their owner or under thecontrol of an individualin possessionof the dogs on land leased for deerhunting with thelandlords permission oron privateland with the landowners permissionA delegation ofJohnston County citizensopposing thispetition was present at this meetingThe County Manager referred to a local act that was passed in 1975 prohibiting thehunting of deer with dogs, and stated that when the Wildlife Act was rewritten in 1979, thelaw was retained, both without action by the Board NC Gen Statute 113 - 1331 retains the1975 Session Law, Chapter 342The Chairman said it is his understanding that another petition is being circulated tocome before the Board opposing the hunting of deer in Johnston County with dogs, and inhis opinion, any change in these laws would need to come from the NC Legislature TheChairman asked for a show of hands of those present who oppose hunting deer with dogs Itappeared that all present to address this matter were opposedCommissioner Holding, in addressing the group, advised that a change would requirea local act and he suggested the group communicate with local legislatorsThe Chairman asked if anyone wished to address the BoardA Rudolph Howell , speaking on behalf of the group, asked the Commissioners totake some action and endorse a petition against allowing the hunting of deer with dogs inJohnston CountyB Donnie Capps, representing Country Squire Hunting Club, asked what they coulddo to stop deer hunting with dogs, as it is going on in the CountyC Ross Lampe, asked if local representatives have to be unanimous for a local lawto pass; Commissioner Holding explained it would be handled like any other law, by amajority of the voteD Vernon Thompson commented that if all local representatives support a local bill,there would be no problem in getting one passed He asked, Is the Board going to beactive in the petition A decision by the County Commissioners carries a lot of weight withlocal representatives Commissioner Holding responded that in the past, members of the General Assemblyhave come before the Board and asked the Board of Commissioners for an opinionChairman Denning asked for comments from those present on why they were opposedto allowing the hunting of deer with dogsE Melvin Wilkins says he is opposed to hunting deer with dogs because dogs knowno boundaries They know nothing about posted land or wildlife reservations; they will chaseanything, livestock and etc - most hunters are using high - powered rifles that are verydangerous I can see no valid reason to hunt deer with dogsiIit ;January 3 1F Johnny Dale, Buffalothe hunting of deer with dogs,Every since I was a small boy,protect them, and there is no waG Donnie Capps stated,you can control dogsCreek Gun Shop stated they had circulated petitions againsthowever, these petitions were stolen Mr Dale continued,it was my dream to have deer in Johnston County and toy you can control dogs when running deerWe need to control people that hunt with dogs, and thenH Douglas Rhodes says small landowners will have big problems with dogs runningacross boundariesIn further discussion, The Chairman advised that these petitions and minutes will beforwarded to representatives of the General AssemblyThe following signatures were submitted by Johnston County citizens attending theBoard of Commissioners meeting on Tuesday, January 3, 1989, opposing the hunting of deerwith dogs in Johnston CountyR A Howell, P 0 Box 528, Smithfield - 4000+ owned acresDoug Rhodes, P 0 Box 568, Four Oaks - 60 owned acresGary Adams, P 0 Box 39, Benson -R Ransom Massengill, 1620 Johnston Road, Clayton - 607 owned acresCraig S Johnson, P 0 Box 67, Four Oaks - 200 owned acresErwin Stewart, Route 4, Box 84, Four Oaks - 550 owned acresRupert Harris, Rt 3, Box 302, Wendell -J Dailey Stewart, Route 4, Four Oaks - 175 owned acresT M Adams, Box 1044, Four Oaks - 30 owned acresJ Donnie Capps, Country Squire Hunting Club - 1475 owned acresJohnnie M Dale, Jr, Rt 1, Box 371, Selma - 34 owned acresVernon Thompson, Route 2, Four Oaks - 12 owned acresWorth Stewart, Route 4, Four Oaks - 2035 owned acresRaymond Massengill, Route 1, Four Oaks - 800 acresRoss Lampe, Box 150, Smithfield - 3000 acresMelvin L Wilkins - 1000 acresRay Dunn - 260 owned acresDavis E McCarty - 102 owned acresDicky Broadwell - 360 owned acresJennings Massengill - 120 owned acresLloyd Stewart - 500 owned acresRalph Stewart, Sr - 1200 owned acres3 Mental Health Center Addition - Contracts AwardedBid Opening December 15, 1988 - 300 pm at Mental Health CenterThe following bids for the addition to the Johnston County Mental Health Center werefurnished to the Board for review and considerationA General Construction Base Bid plus AlternatesEast Carolina Assoc 5 Bid BondFreedom Const 5 Bid BondHargis Const Co 5 Bid BondMarks - Barnes Builders 5 Bid BondSparrow Const Co 5 Bid BondB PlumbingBraxton Britt Plumbing 5 Bid BondElectricon, Inc 5 Bid BondKipco Piping, Inc 5 Bid BondMechanical Assoc 5 Bid BondTriangle Mechanical 5 Bid BondC MechanicalHenry Baker Heating Co 5 Bid BondCentral Heating AC 5 Bid BondElectricon , Inc 5 Bid BondHi- Standard Mechanical 5 Bid BondHockaday Heating AC 5 Bid BondMechanical Associates 5 Bid Bond707,316759,722725,949695,765718,75049,30090,23970,95247,07046,634133,540110,700118,350136,337134,277127,990345346January 3 19Pernell, Inc Cashiers Ck Southern Piping 5 Bid BondWatco Corp 5 Bid BondD L Johnson Mechanical 5 Bid BondD ElectricalAdams Electrical, Inc 5 Bid BondB T Electrical Cashiers Ck Electricon , Inc 5 Bid BondHogue Elec Co 5 Bid BondDL Johnson Elec Go 5 Bid BondM R Jones Elec Co 5 Bid BondT H Electrical 5 Bid BondWaco Electric Co 5 Bid BondWatson Elec Const 5 Bid BondWells Elec Service 5 Bid Bondtinued93,488104,569134,705121,24792,08569,99997,57092,91571,63078,73578,98496,70078,63675,730Dan Searcy, Area Mental Health Director, said they need an extension of 30 days onthe general contract because of funding for the part of the roof that the hospital isresponsible for the in- patient and causeway section alternate #4 Plans are to replace theentire Mental Health Building roof Dr Searcy is waiting for a letter of commitment from theHospital Board of Trustees The following low bids were reviewed by the BoardGeneral Contractor Marks - Barnes Builders 695,765Plumbing Contractor Triangle Mechanical 46,634Mechanical Contractor Pernell, Inc 93,488Electrical Contractor B T Electrical 69,999Dr Searcy further explained that with the low bids coming in at 905,886, plusarchitect fees and survey of 51,467, 3 contingency of 25,272, less hospital roof cost of63,500, for a total of 919,125; with available funding of 752,987, they are short 166,138He stated that Mental Health will try to find the 66,138 and asked the County for anadditional 100,000 for this project in next fiscal years budgetUpon a motion by Commissioner Frank B Holding, duly seconded by CommissionerJerry F Wood and carried by unanimous vote, the following bids were awarded for theaddition to the Johnston County Mental Health Center; Alternate #4 of the General Contractcontingent upon the hospital funding this portionMarks - Barnes Builders General 695,765Triangle Mechanical Plumbing 46,634Pernell, Inc Mechanical -HVAC 93,488B T Electrical Electrical 69,9994 Social Services - Catastrophic Care ActThe County Manager explained that Congress has enacted the Catastrophic Care Actwhich is mandated on the counties to provide a new level of service with concentration onthe Medicaid area The County will have to provide matching funds, currently estimated atover 15,000 and provide the staff necessary to carry out the program The projection ofstaff needed is four 4 , however, the Social Services Director is requesting only three 3 and will try to handle the program by distributing some of the work to the extent possibleThe State will be sharing the cost of these employees on a 5050 basis - cost to the Countyfor the remainder of the fiscal year, 13,513Earl Marett, Social Services Director, told the Board they have projected eligibles of1138 under this act, however, there will be new people that have not been eligible before Heestimates a total cost to the County of 28,669 for the remainder of the 188 -189 fiscal yearand requested a budget amendment in that amount He further stated that he may have tocome back to the Board if the administration of this program does not work with 3 newpeopleAfter further discussion, Commissioner James W Cash moved that a budgetamendment in the amount of 28,669 be approved for the Department of Social Services in thefollowing mannerSocial Services10- 6100 -02Salaries10,79110- 6100 -06Insurance96810- 6100 -05FICA81010- 6100 -07Retirement94310- 6140 -1907 Medicaid 15,157Note Represents County share for 6 monthsCommissioner Frank B Holding seconded the motion which carried by unanimous voteiiI Ii1347January 3 1989 Continued5 Johnston County Tourism Authority Annual ReportTom Davis, Tourism Authority Chairman, made an annual report to the Board on thedevelopments and progress of the Johnston County Tourism Authority as required by law Hereported the first objective was to attract as many people to stop in Johnston County asthey could He told the Board they had employed Thomas Bland Marketing - Advertising ofRaleigh to assist the Authority with a marketing concept that would build a better awarenessof what the County has to offer Mr Bland stated this strategy includes highway billboards,restaurant placemats and a newspaper called Johnston County TravelerThe following report was filed with the BoardOne of our first objectives was to develop a theme for all publications and mediautilized in our efforts The Authority felt that a slogan to be used on billboards, placemats,magazine ads, etc would create a memorable impression on travelers and also give JohnstonCounty natives a sense of pride about their home Our slogan, Johnston County, DiscoverReal Southern Hospitality has received positive response and it is our belief that the resultswill be highly successful once the newspapers and placemats are distributedThe Billboard program makes use of the slogan and uses a uniquely designed boardwith the County flower, the Magnolia, and directs travelers to pick up a copy of a freeguide to the County at any exit The free guide is a newspaper including information onhistorical sites throughout the County as well as a lodging, dining and car repair itineraryBillboard locations were selected based on a need to address I -95 travelers wellbefore they reach the County, when they reach the County and again, once theyre in theCounty We wanted to speak to both north and southbound traffic Johnston Countybillboards are currently at the following locations1 Mile marker 136 On I -95 just south of Rocky Mount, approximately 30 miles toJohnston County Cost 285month2 Mile marker 107 On I -95, north of Kenly on Johnston County line Cost150month Not yet installed 3 Mile marker 98 North of Smithfield -Selma exits Cost 285 month4 Mile marker 79 On 1-95, north of Benson Cost 300month5 Mile marker 80 On I -95 just north of the I -40 intersection Cost 350 monthTotal expenditures on highway billboards totals 16,440 a year At the present time,the Authority is looking for one more board to address northbound travelers some ten totwenty miles before the County lineA placemat, listing historical sites and a map with their location, bears the sameslogan as the highway billboards and also directs travelers to obtain a copy of a free guideto the CountyThe placemats are available free of charge to any restaurant in Johnston CountyProduction costs of 100,000 placemats was approximately 4,000The Johnston County Traveler offers an historical guide to the County and alsoincludes a lodging, dining and auto repair itinerary The tabloid style newspaper isdistributed particularly to motels and restaurants near the I -95 exits, and is available free ofcharge to any business in the CountyProduction costs of the first issue which has just been completed were approximately11,000 for 100,000 copies Subsequent issues will cost approximately 5,00011Mr Davis concluded saying they wish to continue in Phase II by capitalizing onPhase IChairman Denning commended the Johnston County Tourism Authority members bysaying, you have worked very hard and we appreciate what you are doing6 Health Department - Grants - Senate Bill 1559Upon a motion by Commissioner James W Cash, duly seconded by Commissioner JerryF Wood and carried by unanimous vote, it was moved that grant funds be accepted for theJohnston County Health Department to be budgeted and expended in the following mannerA Home Care - Budget Amendment - 16,3791 Respite Care Service 3,7262 In -Home Homemaker HomeHealth Aide Service 9,9023 Title III -D Supplemental HomemakerHome Health Aide Service 2,751B Home Health - Budget Amendment - 11,346Sales - Durable Medical Equipmentd ?January 3, 1989 Continued7 Town of Four Oaks - Request for Buildin-a Inspection ServiceThe County Manager informed the Board the Town of Four Oaks has written andrequested the County Building Inspectors provide the inspection of the Four Oaks Schoolconstruction The Building Inspection Department can handle the additional workAfter discussion and upon motion by Commissioner Frank B Holding, duly secondedby Commissioner James W Cash and carried by unanimous vote, it was moved that the aboverequest be granted8 Meeting at Four Oaks Regarding School ConstructionAt this time, Commissioner John M Booker reported that he attended a meeting onFriday night December 30, 1988 in Four Oaks regarding the construction of a new schoolbuilding at Four Oaks He said he wanted to let the Board know that Four Oaks citizens arevery concerned about the school They have a difference of opinion with the School Boardand are very disappointed in new School Boards decision He further stated Four Oaks has apetition to request the School Board to reconsider building back the school that was burnedCommissioner Booker said he feels like elected boards that make commitments to citizensshould keep their commitments9 Department of TransportationA Add to System for MaintenanceUpon a motion by Commissioner Jerry F Wood, duly seconded by Commissioner FrankB Holding and carried by unanimous vote, it was moved that Tammy Drive in SouthwoodsSubdivision, Section I II, Cleveland Township, be added to the State Secondary RoadSystem for maintenanceB 1988 Annual Statement - Secondary Road Construction ReportkiStatus AtAmount ExpendedCounty RoadDescriptionAmount ApprovedThis TimeThrough 123188Johnston SR 1902Grade, drain, 261,500Completed 243,309base, paveSR 1903Grade, drain,367,000Completed395,181base, paveSR 1311Grade, drain,144,00090 Completed110,270base, paveSR 2118Grade, drain,133,247Survey, Right32base, paveof Way acquiredSR 1120Widen51,500Completed51,117SR 1009Widen23,000Completed19,909SR 1700Widen33,500Completed23,615SR 1700Widen41,820Completed18,726SR 1717Widen10,40090 Completed6,276SR E62Widen45,500Completed45,008SR 1901Widen59,23590 Complete2,721MISCELLANEOUSSR 1242Road Addition-29,000Completed30,136Grade, drain,stabilize-Pave drive at4,500Completed5,868Strickland CrossroadsVolunteer FireDeptSPOT STABILIZATIONVariousStabilize157,97750 complete170,000Roadski349January 3 1989 ContinuedC Southland Winery Access Road SR 2387Concern Difficulties with Right Turn Movement to Enter I -95 Northbound RampThe Department of Transportation reported they had made a number of on -siteinspections and the right turn maneuver has to be made with care and they regret thefindings will not allow DOT to respond more favorably to the request10 AppointmentsA Johnston -Lee Community ActionUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Frank BHolding and carried by unanimous vote, Scofield White was appointed to representCommissioner Jerry F Wood on the Johnston -Lee Community Action BoardB Whitley Heights Sanitary DistrictCommissioner Jerry F Wood moved that Billy E Lawson, 308 Cloverdale Drive,Clayton, be appointed to the Whitley Heights Sanitary District Board to fill the vacancycreated by the resignation of Chuck E CoatsCommissioner John M Booker seconded the motion which carried by unanimous voteC Smithfield Board of AdjustmentUpon a motion by Commissioner Frank B Holding, seconded by Commissioner JamesW Cash and carried by unanimous vote, John Hughes was reappointed as ETJ member of theSmithfield Board of Adjustments as recommended by the Smithfield Town Councilll Subdivision - ApprovedUpon the recommendation of the County Planning Board, the following subdivision wasconsidered for approvalSouthgate -Section II, Southwind DevelopmentCo,Owner; SR #1526; Sr 1525;Cleveland Township,12 lots; motion by CommissionerJohnM Booker, seconded byCommissioner Jerry FWood and carried by unanimous vote;platexecuted by Chairman12 Landmark Engineering - MapsJeff Coutu, Planning Director, reported to the Board that he had spent some time atLandmark Engineering to determine what progress has been made in catching up on thecounty mapping contract He said they are making good progress on catching up and heshould have property line maps for Clayton, Cleveland, Wilders and Pleasant Grove townshipsby the end of January The biggest problem in Johnston County has been very few deedsare deed referenced, about 20 Mr Coutu said once the Planning Office gets the propertyline maps for these townships it will take about a month to get the zoning information onthem13 Communications Control Center - BidsAdvertised November 4, 1988; November 8, 1988Bids Opened December 8, 1988 at 200 pm, County Managers Office, CourthousePursuant to Section 143 -129 of the N C General Statues, sealed bids forCommunications Control Center Consoles, Logging Tape Recorder, Radio Tower and RelatedEquipment and Services were received, opened and read aloud as followsCommunications Control Center Consoles and Related EquipmentABMotorolla, 5 Bid Bond163,19300Southern Communications, Cashiers Check 154,26990Logging RecorderA Dictaphone, 5 Bid BondB Magnasync , Cashiers CheckC Harris Lanier, 5 Bid Bond 33,8600030,3200029,16800The Lanier Representative was present at the Board meeting and told theCommissioners his company would be available on Logging Equipment should they be needed350January 3, 1989 Continued14 Communications Control Center Bids AwardedThe County Manager, EMS Director and Sheriff reported they had thoroughlydiscussed each vendors bid, sought clarifications and reviewed closely the various optionsavailable to the County After much deliberation the following bid awards were recommendedfA Southern Communications, 2426 N Williams St, Goldsboro, NCKustom Electronics, Inc, 8320 Nieman Road, Lenexa, KansasandGeneral Electric Co Mobile Communications Division, Lynchburg, VaEq uipmentItem1- Three Kustom Prokomm I single position communications consoles withaccessories as specifiedItem2 -One set of console Spare Service ModulesItem3- Three remote radios installed in Sheriffs Office and Administration Area GeneralElectricItem4- 1 Move existing Emergency Management remote control from CommunicationsRoomtoEmergency Management OfficeItem5- 1 County Inspections remote paging encoder installed and connected toexistingremote controlItem6- Three sets of eight 8 console mounted speakers with volume controls 8per console, total of 24 speakersItem7 -1 - 100 watt VHF replacement base for Fire Service General ElectricItem8 -1 - 100 watt VHF replacement base for Rescue Service General ElectricItem9 -1 - 100 watt VHF replacement base for Sheriffs IntercityItem10- 1 - 100 watt UHF replacement base for Local Police FrequencyItem14- Alternate Bid One -60 foot Guyed Tower Rohn 55GItem15- One - 100 watt VHF two receiver replacement base for hospital emergencyroomModifications to existing equipmentFirst year maintenance included as part of bid 2nd thru 5th year maintenance sameas bidded with a 5 per year maximum increase quotedTotal bid award for these items, associated equipment, and modifications isi170, 97290Optional 4 yr Maintenance Agreement 12,17397183, 14687B Magnasync Moviola Corporation, 5539 Riverton Avenue, North Hollywood, CaandRadio Communications, Cary, NC Service AgentEquipmentItem 11 - One 30 channel Dual Drive Logging RecorderItem 12 - Three console mounted Digital instant recall message repeaters with 20minutes capacityTotal items 11 and 12 21, 80000Total System Bid Excluding 4 Yr Maintenance Agreement of192,77290After discussion and review, Commissioner James W Cash moved the above bids beawarded as recommended by the County Manager, EMS Director and Sheriff; Southern Communi-cations, 183,14687 and Magnasync Moviola Corp 21,80000Commissioner John M Booker seconded the motion which carried by unanimous voteC Communications Control Center - Logging Time Omission on Bids jLater in the meeting, Dewayne West, EMS Director, came back before the Board andexplained that the cost for recording time had been omitted on the logging recording bids IHe explained this could add as much as 4,500 to the bidAfter discussion, Commissioner Frank B Holding moved that Mr West be authorizedto negotiate a cost for recording time up to 4,500, and further that he make much effort tosecure the best available price351January 3, 1989 ContinuedCommissioner John M Booker seconded the motion which carried by unanimous voteD The Board authorized the County Manager to relocate the existing consoles in thenew building at a cost of 180015 Wilsons Mills Fire Department - Contract and AgreementUpon a motion by Commissioner Frank B Holding, duly seconded by CommissionerJohn M Booker and carried by unanimous vote, the following contract and agreement wasadoptedCONTRACT AND AGREEMENTTHIS CONTRACT AND AGREEMENT made and entered into this the 3rdday of January, 1989, by and between the COUNTY OF JOHNSTON, party ofthe first part, and also referred to as County, and the WILSONS MILLS FIREDEPARTMENT INCORPORATED, party of the second part, also referred to asFire Department;W I T N E S S E T HThat WHEREAS, N C G S 69 -255 provides that counties may providefor fire protection in a fire district by contracting with any incorporatednon - profit volunteer or community fire department; andWHEREAS, the new N C G S 159 -13 a 8 , which became effectiveJuly 1, 1973, provides that the budget ordinance may be in any form thatthe Board of Commissioners of Johnston County deems most efficient inenabling it to make the fiscal policy decisions embodied therein, but it shallbe so organized that the accounting system will show appropriations andrevenues by line items within at least the following funds 8 a fund for each special district whose taxes are collected by the county of Johnston; andWHEREAS, the party of the second part is a non - profit corporationorganized for fire protection purposes; andWHEREAS, it serves a special tax district created by a vote of thepeople; andWHEREAS, it is desirous to make application to the United States ofAmerica, acting through the Farmers Home Administration, United StatesDepartment of Agriculture, hereinafter referred to as the Farmers HomeAdministration for a loan in the amount of 62,00000; andWHEREAS the County of Johnston levys and collects the taxes and isresponsible for appropriating said funds for the use and benefit of thecitizens in the fire protection district; andWHEREAS the County desires to grant a long -term contract to enableparty of the second part to make long -range plans; andWHEREAS, the County desires to standardize all its arrangements withFire Departments in the County;NOW, THEREFORE, in consideration of the premises and theconsideration of TEN and 00 100 1000 DOLLARS to each the other in handpaid, the parties hereto contract and agree as follows1 The party of the first part contracts and agrees that it will causeto be assessed or levied a special tax of up to 06 per one hundredvaluation of all real and personal property in the Wilsons Mills Fire District,Johnston County, North Carolina, unless otherwise limited by law and or voteof the people; and will collect said tax as a part of the ad valorem taxes ofthe County of Johnston; provided however, beginning with the fiscal year1988 -1989 the amount levied annually shall be based on the needs projected inthe budget estimate submitted by the Fire Department to the County andapproved by the County Commissioners2 That a special or separate fund shall be maintained by the County,for funds collected as a result of said special tax3 That current taxes, as they are collected by the County shall bepaid to Wilsons Mills Fire Department, Incorporated, by the 10th day of eachmonth and that delinquent taxes shall be remitted quarterly4 The party of the second part shall provide the necessaryequipment and personnel for furnishing adequate fire protection as determinedby the North Carolina Department of Insurance, Fire and Rescue ServiceDivision, for all property located within the Wilsons Mills Fire District, and itwill furnish said fire protection free of charge to all persons and individualslocated in said District in an efficient and workmanlike manner5 That all funds paid to the party of the second part by the partyof the first part shall be used exclusively to provide fire protection withinsaid Wilsons Mills Fire District, and to pay other legitimate fire protectionexpenses including principal and interest on the aforementioned loan made bythe Farmers Home Administration352January 3, 1989 Continued6 It is agreed that the party of the first part may inspect all booksand accounts for the party of the second part at any time that it shalldesire; it is further agreed that the Fire Department will present to theCounty Commissioners an annual audit by a CPA which audit shall be inconformity with existing audit policies of the County7 The party of the second part agrees to comply with Countybudgeting procedures and other procedures provided for by State law andagrees to submit budget estimates to the board of Commissioners on thestandard forms used by county departments; and party of the second partalso agrees to use standard line items for accounting devised or consented toby the County Accountant from time to time8 This contract shall EXTEND FOR A TERM OF TWENTY 20 YEARSfrom the date of the Farmers Home Administration loan closing and may berenewed or extended for such term or terms as may be agreed upon by theparties hereto9 The party of the second part further agrees to file with theCounty Administration a true copy of the Articles of Incorporation, existingBy -Laws and any changes made thereto from time to time; further, the partyof the second part agrees to adopt By -Laws which meet all minimum legalrequirements and which By -Laws, in addition thereto, have reasonableprovisions enabling citizens of the community to participate in the affairs ofthe corporation at least an annual meeting and vesting in a Board of Directorsthe authority to manage the affairs of the corporation without a vote of themembership to the extend permitted by NCGS 55A, the North CarolinaNon - profit Corporation ActIN TESTIMONY WHEREOF, the party of the first part has caused thisinstrument to be executed by the Chairman of the Board of CountyCommissioners and attested by the Clerk of the County Board ofCommissioners, and the party of the second part has caused this instrumentto be signed in its name by its president, attested by its Secretary, and itscorporate seal hereto affixed, all by order of its Board of Directors dulygivenJOHNSTON COUNTY BOARD OF COMMISSIONERSBY Norman C Denning, ChairmanATTEST Eleanor N Creech, Clerk fWILSONS MILL FIRE DEPARTMENT, INCBY J T Uzzle, Jr, PresidentATTEST James M Wilson, Secretary16 Landfill - New Operating HoursAfter discussion Commissioner Frank B Holding moved the new operating hours forthe County landfill be set from 730 am to 400 pmCommissioner John M Booker seconded the motion which carried by unanimous vote17 Fees for Tires at LandfillThe County Manager talked with the Board about charging a fee for tires brought tothe county landfill Adjoining counties are charging, causing haulers to bring tires toJohnston County This creates a real problem, each tire takes up space of approximately 72cubic feetHe also stated he had encouraged several large haulers to use a Wake County firmthat recycles tires Commissioner Holding expressed that in his opinion there will be somerelief in the future from the Legislature, saying it is felt that a tax will be imposed on newtires that will help with the problems of counties disposing of old tiresIn conclusion, the Board instructed the County Manager to check with other countiesto see what kind of fees they charge for accepting tires18 Clavton Star Request Entire Agenda Packa --eBrad Crone, Clayton Star Editor, stated to the Board that by letter to the CountyManager he has requested a copy of the entire agenda package, including all backgroundinformation furnished to the Board Mr Crone says this material is public and it would be in jthe best interest of the County for the news media to have this information He assured theBoard he would take the necessary steps to get the material by board meeting day, stressingagain the importance of getting the entire package of documents for each board meeting353The County Manager told the Board he called the Attorney Generals office for aruling and turned the letter, which was dated December 27, 1988, received by CountyManager on December 29, 1988, over to the County Attorney He pointed out that he hadonly one working day to respond to this requestAfter discussion, Commissioner Frank B Holding moved the County Manager beinstructed to cooperate with Brad Crone, Clayton Star Editor, in such a way that will satisfyall news mediaCommissioner Jerry F Wood seconded the motion which carried by unanimous vote19 Richardson Bridge Over Neuse RiverDewayne West, EMS Director, pointed out that the Department of Transportation plansto replace two of the smaller bridges on SR # 1201, but not Richardson Bridge over NeuseRiver He emphasized that local motorists consider the Richardson Bridge unsafe and there isconcern for school buses and fire and rescue vehicles crossing the bridgeAfter discussion, Commissioner Frank B Holding moved that the Department ofTransportation be respectfully requested to consider replacing the Richardson Bridge on SR# 1201 along with the other two bridges Commissioner Holding further moved that letters bewritten to Jack Bishop and Elwood Goodson, Board of Transportation membersCommissioner James W Cash seconded the motion which carried by unanimous vote20 Sheriffs Department - SalariesAfter discussion and recommendation by the County Manager, Commissioner Jerry FWood moved that the following positions be reclassified effective January, 1989Deputy I Grade 64Sergeant and Detectives I Grade 66Lieutenants Detective Sergeants Grade 68Commissioner James W Cash seconded the motion which carried by unanimous vote21 Pay Plan StudyThe Board authorized the County Manager to obtain information and cost for aproductivity study in conjunction with a pay plan study and bring the report to the Boardfor consideration22 Recreation Grants ApprovedCommissioner Frank B Holding moved the following recreation grants be approvedAgriculture Extension Service, 2,000; Town of Four Oaks, 2,000; Four Oaks Civitan Club,2,000, and further moved that a budget amendment in the amount of 1,321 be appropriatedto the Recreation Grant Account from the Contingency FundCommissioner John M Booker seconded the motion which carried by unanimous vote23 Low Level Radio Active Waste - Potentially Suitable AreaThe County Manager reported that Johnston County seems to have one of thegreatest land masses in the State potentially suitable for a low -level radio - active wastedisposal site, however no potential sites have been recommended The Board asked theEmergency Management Services Director for a review of the Disposal Site Screening Processas it relates to Johnston County24 Policies and Procedures for Rural Road NamingThe Board in addressing the Policies and Procedures for the Johnston County RuralRoad naming Project agreed to direct the Planning Board to add an additional item to thepolicies as followsSection VI Policies for Selection of Official Road NamesD 5 Residents and Property Owners25 New Courthouse and Jail Annex - Open HouseThe County Manager advised the Board that a new date of February 6th has beenscheduled for moving into the New Courthouse Open House was discussed by the Board and354January 3, 1989 Continuedit was suggested that a three day event, for two to three hours each day, be considered Itwas further suggested that Commissioners and Public Officials act as hostsUpon a motion by Commissioner John M Booker, duly seconded by CommissionerFrank B Holding and carried by unanimous vote, the Board adjournedNorman C Denning, Chairmangu?Eleanor N CreechClerk to the Board