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

Meeting of Johnston County Board of CommissionersApril 3, 1989The Johnston County Board of Commissioners met in regular session on Monday, April3, 1989, at 1000 am in the Commissioners Room, Johnston County Courthouse Annex,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, DVMMembers Absent None Also Present Richard B Self, County Manager, Eleanor N Creech, Clerk to theBoard and W R Britt, County AttorneyThe Chairman called the meeting to order and the following business was transacted1 MinutesThe Chairman asked if there were any corrections to the minutes of March 6, 1989,board meeting There being no corrections, the Chairman declared the minutes standapproved2 Secondary Road Construction Program - SR 1003 To Be WidenedJ 0 Ethridge, District Engineer, Department of Transportation, explained the Boardof Transportation requires that 20 of the Secondary Road Funds be used on the paved roadsin the County In order to meet that criteria, DOT is recommending that SR 1003 be widened1 on each side - 20 to 22 from SR 1700 to SR 1716 for a total cost of 35,000After discussion, Commissioner John M Booker moved that 1988 -89 unallocatedSecondary Road Construction Funds in the amount of 35,000 be approved for the widening ofSR 1003 from SR 1700 to SR 1716, a distance of 26 miles in Johnston CountyCommissioner Jerry F Wood seconded the motion which carried by unanimous vote3 Loch Pharmaceutical - Contract Awarded for Water and Sewer LinesThe County Manager informed the Board that on March 27, 1989, at 200 pm, bidswere received and opened for the Loch Pharmaceutical Water and Sewer Facilities project asfollowsW E BlackmonSmithfield, N C 128,17256Boykin ConstructionKenly, N C 106,71375J P Edwards, IncSmithfield, N C 98,96660Honeycutt General ContractorsRaleigh, N C 129,70000Frank Horne ConstructionFair Bluff, N C 107,54500Ray Johnson ConstructionErwin, N C 105,43083K R ConstructionMiddlesex, N C 130,37600Lights General ContractorsOxford, N C 128,33410S T WootenWilson, N C 126,22200Hawley ConstructionKenly, N C 122,27700Gene Johnson, Engineer, Ragsdale Consultants, explained that the low bid came inbelow the final estimate for this project of 110,85850, and that they had investigated thelow bidders credentials, everything is in order and they see no problem in completing thejob on schedule Mr Johnson stated they recommend award of the project to James PEdwards, Inc, low bidder, in the amount of 98,96660 The County Manager advised that abudget of 127,000 is required for the total project, including contingency, technical andengineering services378April 3, 1989 ContinuedFollowing discussion, Commissioner Frank B Holding moved the contract for theconstruction of water sewer facilities to serve Loch Pharmaceutical be awarded to J PEdwards, Inc, Smithfield, N C, at the bid price of 98,96660Commissioner Jerry F Wood seconded the motion which carried by unanimous vote4 Public Hearing - Archer Lodge Fire District Annexation to Five Mile DistrictCommissioner Jerry F Wood moved a public hearing be set for Monday, May 1, 1989,at 1015 am, to provide the public an opportunity to address the Board on proposedannexation of the Archer Lodge Fire District to a five mile districtCommissioner James W Cash seconded the motion which carried by unanimous vote5 Resolution - Common Local Policies for Mutual Aid During Water Supply Emergenciesin Region JUpon a motion by Commissioner James W Cash, duly seconded by Commissioner FrankB Holding and carried by unanimous vote, the following resolution was adoptedJOINT RESOLUTIONESTABLISHING COMMON LOCAL POLICIES FOR MUTUAL AIDDURING WATER SUPPLY EMERGENCIES IN REGION J, NORTH CAROLINAWHEREAS, the 1987 World -Class Region Conference expressed a broad basedcommitment to specific actions for enhancing the economic, environmental, andhuman resources of the cities and counties comprising Region J, NorthCarolina; and,WHEREAS, utility infrastructure with sufficient capacity and reliability isessential to the Regions continued economic strength; and,WHEREAS, the increasing number of interconnections between local watersystems provide the basis of a larger, more coherently planned water supplynetwork; and,WHEREAS, such interconnections should be designed to meet water supplyneeds ranging from short term emergency service measured in days; toseasonal drought supplements lasting for weeks or months; to longer durationtransfers capable of satisfying interlocal water supply needs over a period ofyears; and,WHEREAS, the Regions overall waterforeseeable local emergencies withoutsystems within the region; and,resources are sufficient to meet mostundue hardship on neighboring waterWHEREAS, an important element of the Regions high quality of life is thediversity and uniqueness of its individual communities, with those identitiesoften expressed through different philosophies of growth, development, andcapital facility expansionNOW THEREFORE, the governing bodies of the parties to this Resolution havingdetermined that the public health, safety and welfare will be served andbenefitted by their cooperation as hereinafter set out; and, in the desire toassure adequate service during temporary disruptions caused by failure of thewater supply, treatment, or transmission distribution systems of any of theparties do mutually resolve as follows1 COOPERATIVE INTENTThe parties to this Resolution intend to proceed cooperatively in utilizingwater resources and facilities to support their respective service areas, andupon future mutual agreement, to enter into such joint administrative,financial, engineering or construction ventures which the individual partiesdetermine support the best interests of their constituencies in assuring areliable, high quality water supply during short term emergencies as definedhereiniIiWHEREAS,the governing bodies of thepartiesto this Resolution recognize anincreasinginterdependence of watersupply,development, and disposalactivitiesexpressed by the phrase Weall drinkfrom the same bowl; and,WHEREAS, the increasing number of interconnections between local watersystems provide the basis of a larger, more coherently planned water supplynetwork; and,WHEREAS, such interconnections should be designed to meet water supplyneeds ranging from short term emergency service measured in days; toseasonal drought supplements lasting for weeks or months; to longer durationtransfers capable of satisfying interlocal water supply needs over a period ofyears; and,WHEREAS, the Regions overall waterforeseeable local emergencies withoutsystems within the region; and,resources are sufficient to meet mostundue hardship on neighboring waterWHEREAS, an important element of the Regions high quality of life is thediversity and uniqueness of its individual communities, with those identitiesoften expressed through different philosophies of growth, development, andcapital facility expansionNOW THEREFORE, the governing bodies of the parties to this Resolution havingdetermined that the public health, safety and welfare will be served andbenefitted by their cooperation as hereinafter set out; and, in the desire toassure adequate service during temporary disruptions caused by failure of thewater supply, treatment, or transmission distribution systems of any of theparties do mutually resolve as follows1 COOPERATIVE INTENTThe parties to this Resolution intend to proceed cooperatively in utilizingwater resources and facilities to support their respective service areas, andupon future mutual agreement, to enter into such joint administrative,financial, engineering or construction ventures which the individual partiesdetermine support the best interests of their constituencies in assuring areliable, high quality water supply during short term emergencies as definedhereiniIi379April 3, 1989 Continued2 ADDITIONAL INTERCONNECTIONSThe parties agree that emphasis should be given to creating or enlarginginterconnections between water systems in the Region in order to provide forwater transfers under short term emergency conditions3 WATER SUPPLY EMERGENCIESThe parties intend to establish mutual policies and practices for satisfyingwater supply needs during unanticipated disruptions of a short termemergency nature, such as those aused by human error, equipment failure,chemical contamination, fire, flood, or other disastersFor the purpose of this Resolution, short term emergency shall mean aperiod of not more than seven daysIt is not the intention of the parties to this Resolution that these policies andpractices be construed to apply to water transfers for meeting seasonaldrought or longer term interlocal water needs, unless specified upon separatemutual agreement of the parties4 ACTIVATING AN EMERGENCY TRANSFERAny water transfers needed to meet a short term emergency, as describedabove, would be activated by the chief administrative officers of the entitiesinvolved They shall immediately notify their respective governing boards thatsuch an emergency exists Any emergency transfer lasting longer than sevendays shall require approval by the governing boards of all parties to thetransfer5 CORRECTING THE EMERGENCY PROBLEMThe party experiencing the water emergency agrees to act expeditiously andadequately to mitigate and remove the causes of the emergency conditionOther parties do hereby agree to offer operational assistance to the affectedparty in correcting the emergency condition6 PRICE OF WATER DURING EMERGENCYUnless otherwise specified by existing agreements, the price of watertransferred during a short term emergency shall be the same as thecommodity rate charged to residential customers within the providers ownregular inside service area It is understood that the party experiencingthe short term emergency the ultimate receiver of water shall be responsiblefor paying any excess costs incurred by other parties providers to thetransfer These costs may include special operational assistance, as describedin Section 5; startup activities, such as line flushing, valve switching, excesspumping or other operational costs attributable to the transfer; and, mayinclude any difference in commodity rates paid by an intermediate provider forwater transferred through its own system7 PERIOD OF AGREEMENTThis Joint Resolution shall become effective on April 1, 1989, and continue fora period of five years therefromThis Joint Resolution may be extended upon mutual agreement of the partiesIN TESTIMONY WHEREOF, the undersigned partiesNorman C Denning, Chairman6 Resolution - District Court in ClaytonA petition was received by the Board of Commissioners to ask the State Legislatureto establish a District Court in the Town of Clayton The County Manager read the followingresolution which was presented for the Boards considerationR E S O L U T I O NWHEREAS, the Board of Commissioners of Johnston County have received apetition from the Town of Clayton to establish a District Court in thatTownship, andApril 3, 1989 ContinuedWHEREAS, the Town of Clayton is cognizant of the financial responsibility ofthe Town to supply proper courtrooms, judges offices, facilities for theClerk of Court, jail cells, parking and other amenities associated with thejudicial system, andaWHEREAS, the Town of Claytons request is predicated by the existence ofDistrict Courts in the Towns of Selma and Benson, andWHEREAS, the Board of Commissioners of Johnston County desire that all areasof the County be treated equally;NOW THEREFORE BE IT RESOLVED that the Board of Commissioners of JohnstonCounty do hereby request the North Carolina General Assembly to concur withthe petition from the Johnston County Town of Clayton in their effort tosecure a District Court in the Clayton TownshipCommissioner James W Cash moved the above resolution be adopted CommissionerJerry F Wood seconded the motionDiscussionCommissioner John M Booker asked if Clayton will have to provide facilities andemploy jailers The County Manager replied that in exploring this with the AdministrativeOffice of Courts and the Attorney Generals Office, there is a possibility that Clayton willhave to have a temporary holding cell and provide jailers; this would also include Selma andBensonCommissioner Booker continued that he thinks it is too much to ask the towns toprovide jail facilities and to accept the responsibilities and mandates required for housingprisoners He said the County has been under pressure from the State for more adequate jailfacilities and Courtrooms and the County has spent 9 million to build the new CourthouseAnnex with three additional courtrooms Now the County has a total of four courtrooms withthe large Superior Courtroom in the old building Commissioner Booker remembered that partof the initiative to build this new facility, based on jail and court needs, was that mss,consideration would be given to consolidating the courts to the new courthouse in SmithfieldHe stated that transporting prisoners is an additional expense to the County In conclusion,Commissioner Booker emphasized that he could not in good conscience vote to increase thecost of the County through any method of creating new courtrooms, and adding additionalexpenses that the towns may not be aware of at this timeCommissioner Booker advised the Chairman he intended to vote No on theresolutionCommissioner James W Cash remarked that his reasoning for supporting thisresolution is that if Clayton wants a district court, they should not be denied when othertowns have courts Mr Cash said he, of course, realizes the most practical thing would beto centralize all the courts in SmithfieldCommissioner Frank B Holding agreed these communities have pride, and this issomething they want to do; its a convenience for people He deems there is justification ifClayton wants to provide these facilities, however, there is an expense in transportingprisoners and providing securityCommissioner Norman C Denning specified he would support the resolution as acourtesy because there are district courts in two other municipalities, and Clayton is asequally qualified as any town Commissioner Denning continued by saying that the citizens ofJohnston County have gone to a great deal of expense to build this fine facility in order toaccommodate the County courts and jails and they need to know why this resolution is beingconsidered He continued by saying it is a cost to the County to transport prisoners, andfor other officers needed to man these court facilitiesCommissioner Cash suggested the District Attorney assign cases to the district courtsthat do not require deputies, such as traffic violations which should cut down on the cost tothe CountyCommissioner Jerry F Wood declared he certainly thinks Clayton should have thesame opportunity as any other towns in the County and this is just a resolution forlegislative actionAt this time, the Chairman called for a vote on the motion endorsing the proposedresolution to secure a District Court in Clayton The motion carried by the following vote381April 3, 1989 ContinuedAyes James W Cash, Jerry F Wood, Frank B Holding, Norman C DenningNo John M Booker7 Resolution - Clean Water Revolving Loan and Grant Act - Benson to SouthJohnston High SchoolUpon a motion by Commissioner Frank B Holding, duly seconded by CommissionerJerry F Wood and carried by unanimous vote, the following resolution was adoptedRESOLUTION BY THE JOHNSTON COUNTYBOARD OF COMMISSIONERSWHEREAS, the North Carolina Clean Water Revolving Loan and GrantAct of 1987 has authorized the making of loans and grants to aid eligibleunits of government in financing the cost of construction of wastewatertreatment works, wastewater collection systems, and water supply systems,andWHEREAS, Johnston County has need for and intends to construct awater supply system project described as the Benson to South Johnston HighSchool Water Transmission Facilities, andWHEREAS, Johnston County intends to request State emergency grantassistance for the project,NOW THEREFORE BE IT RESOLVED, BY THE BOARD OF COMMISSIONERSOF JOHNSTON COUNTY that Johnston County will arrange financing for allremaining costs of the project, if approved for a State loan awardThat Johnston County will adopt and place into effect on or beforecompletion of the project a schedule of fees and charges which will provideadequate funds for proper operation, maintenance and administration of thesystemThat Johnston County will provide for efficient operation andmaintenance of the project on completion of construction thereofThat Mr Richard Self, County Manager, and successors so titled, ishereby authorized to execute and file an application on behalf of JohnstonCounty with the State of North Carolina for a loan to aid in the constructionof the project described aboveThatMrRichard Self, County Manager,and successors so titled, ishereby authorizedand directed to furnish suchinformation as theappropriateState agencymayrequest in connection with such application onthe projectto make theassurancesas contained above;and to executesuch otherdocuments asmaybe required in connection withthe applicationThat Johnston County has substantially complied or will substantiallycomply with all Federal, State, and local laws, rules, regulations andordinances applicable to the project and to Federal and State grant and loanspertaining theretoAdopted this the 3rd day of April, 1989, at Smithfield, North Carolina8 Resolution - Housing Assistance Payment ProgramUpon a motion by Commissioner Jerry F Wood, duly seconded by Commissioner JamesW Cash and carried by unanimous vote, the following resolution was adoptedRESOLUTION AUTHORIZING EXECUTIONOF AN ANNUAL CONTRIBUTIONS CONTRACTWHEREAS, the Johnston County Housing Assistance Payments Programherein called the PHA proposes to enter into an Annual ContributionsContract herein called the Contract with the United States of America,Department of Housing and Urban Development herein called theGovernment NOW, THEREFORE, BE IT RESOLVED by the PHA as follows382April 3,; 1989 ContinuednSection 1 The Contract, numbered Contract No A -3554, is herebyapproved and accepted both as to form and substance and the JohnstonCounty Manager is hereby authorized and directed to execute said Contract intriplicate on behalf of the PHA, and the Clerk to the Board is hereby,iauthorized and directed to impress and attest the official seal of the PHA oneach such counterpart and to forward said executed counterparts to theGovernment together with such other documents evidencing the approval andauthorizing the execution thereof as may be required by the GovernmentSection 2 The Program Director of JCHAPP is hereby authorized tofile with the Government from time to time, as monies are required,requisitions together with the necessary supporting document, for paymentunder the ContractSection 3 This Resolution shall take effect immediately9 Emergency Shelter Grants Programs Harbor, IncCommissioner Frank B Holding moved the County make application for EmergencyShelter Grants on behalf of Harbor, Inc in the amount of 33,000 to be used for a shelterfor battered women and childrenCommissioner James W Cash seconded the motion which carried by unanimous vote10 Appointments Youth Task ForceUpon a motion by Commissioner Frank B Holding, seconded by Commissioner John MBooker and carried by unanimous vote, Dennis K Hilliard, Smithfield, and John King, Jr,Smithfield, were appointed to the Johnston County Youth Task Force Terms ending October,1989, in consistency with terms of other Board members11 Appointments - Local Emergency Planning Committee S A R A Commissioner Jerry F Wood moved that Anthony V Gudac, Fire Service, HaywoodPhthisic , Environmental Health , and James Ethridge Citizen be appointed to the JohnstonCounty Local Emergency Planning Committee S A R A for two year termsCommissioner James W Cash seconded the motion which carried by unanimous vote12 Appointments - West Johnston Fire District CommissionUpon a motionAdelaideBrooks, Executive Director, Harbor, Inc told the Board that fundsareM Booker and carriedavailable throughCounty application to Natural Resources andCommunity Development tobetoused for sheltersfor abused and battered women and childrenShe explained they receive25Upon a motionto 30 requests amonth for assistance and shelter in cases of domestic violence Theyarecarriednow in the processof locating a house in the County fora suitable shelter Ms Brooksasked for the Boards approval for application to be madefor funds in the amountof33,000Commissioner Frank B Holding moved the County make application for EmergencyShelter Grants on behalf of Harbor, Inc in the amount of 33,000 to be used for a shelterfor battered women and childrenCommissioner James W Cash seconded the motion which carried by unanimous vote10 Appointments Youth Task ForceUpon a motion by Commissioner Frank B Holding, seconded by Commissioner John MBooker and carried by unanimous vote, Dennis K Hilliard, Smithfield, and John King, Jr,Smithfield, were appointed to the Johnston County Youth Task Force Terms ending October,1989, in consistency with terms of other Board members11 Appointments - Local Emergency Planning Committee S A R A Commissioner Jerry F Wood moved that Anthony V Gudac, Fire Service, HaywoodPhthisic , Environmental Health , and James Ethridge Citizen be appointed to the JohnstonCounty Local Emergency Planning Committee S A R A for two year termsCommissioner James W Cash seconded the motion which carried by unanimous vote12 Appointments - West Johnston Fire District CommissionUpon a motionbyCommissioner JerryF Wood, duly seconded by Commissioner JohnM Booker and carriedbyunanimous vote,Leron A Parrish, Travis Parrish, Eddie BrianHargis were reappointedtothe West JohnstonFire District Commission for two year terms13 Budget Amendments- Health and Social ServicesUpon a motionbyCommissioner Frank B Holding, duly seconded by CommissionerJohn M Booker andcarriedby unanimousvote, the following budget amendments wereapprovedHealth Department - Maternal HealthExpenditure Increase10- 5925 -3400 Delivery Funds 87300Revenue Increase`103519 -823 DHS Funds 87300Social ServicesExpenditure Increase10 -6110 1901 CP L 11,66000Revenue Increase10 -3531 82 General Fund 11, 6600038314 Subdivisions ADnrovedUpon the recommendation of the County Planning Board, the following subdivisionswere considered for approvalStonehinge Phase I, Gary Cobb, Owner; SR 1555, Clayton Township; 23 lots,Restrictions Letter of credit; Motion by Commissioner James W Cash, seconded byCommissioner Frank B Holding and carried, plat executed by Chairman Walter Moore Estates,Southwinds Development Co, Owner; SR 1330 SR 1510; Cleveland Township, 6 road frontlots; motion by Commissioner John M Booker, seconded by Commissioner Jerry F Wood andcarried; plat executed by Chairman15 Planning Board ChairmanBobby Stephenson, Chairman, Johnston County Planning Board, spoke with the Boardregarding County zoning Mr Stephenson remarked that the Planning Board and PlanningDepartment are working extremely hard and their goal is to have Johnston County zoned inthe near future He pointed out the delay is because Landmark Engineering is running abouta year behind schedule with finished property mapsJeff Coutu told the Board that maps are ready for Clayton and Cleveland Townships;Pleasant Grove and Wilders promised next week16 School Bond Issue Payment ScheduleUpon a motion by Commissioner Frank B Holding, duly seconded by CommissionerJerry F Wood, and carried by unanimous vote, the Board approved a bond repaymentschedule on the 9 million School Bond issue of 14 years17 Recreation Grants - Approved,Commissioner Frank B Holding moved that the recreation grant applicationsrequesting matching funds from the County for the Rotary Club of Smithfield and DugOut,Inc, Smithfield, in the amount of 2,000 each be approved for funding after July 1, 1989Commissioner Jerry F Wood seconded the motion which carried by unanimous vote18 General InformationA Basic Education - Senate BillThe County Manager advised the Board of the non supplant provision and thatsuch a provision would reduce the budgeting authority of county commissioners Countycommissioners need to contact representatives opposing such legislationB Increase of Inventory Reimbursement from the StateC Merger between Wometco Cable TV and Alert Cable TVD W R Britt, County Attorney, has written Resident Superior Court Judge, theHonorable Edwin Lynn Johnson, and the Honorable Terrence W Boyle, US District CourtJudge, to advise of the closing of the satellite jail facility and that the new jail had passedall required inspections19 Landfill - Dumpster ScavengersThe Board addressed the growing number of complaints received about scavengers inthe garbage dumpsters throughout the County There was much concern about the Countysliability at these sites with regard to personal injury and property damage from scavengingin and around dumpstersThe Board asked for cooperation from the Sheriffs Department and District Attorneysoffice in enforcing the County Solid Waste Container Ordinance to discourage scavengingCommissioner John M Booker and Commissioner James W Cash favor looking intoestablishing compaction sites which will relieve the problem of scavenging20 Cemetery RelocationThe County Manager reported that the Health Department had been notified by DOT ofthe relocation of nine graves from the Larkin Stancil Cemetery21 Water Line Funds - County FinancingCommissioner John M Booker expressed concern about funds for financing watersystems in the County The County Manager explained that resolutions passed today are steps•April 3, 1989 Continuedto assist in getting State funds for the Benson Water line He also said that Johnston Countyis not in the top four for Clean Water Bond grants, but has not been told yet that JohnstonCounty will not get any money during the funding periodiExecutive SessionUpon a motion by Commissioner James W Cash, duly seconded by Commissioner JerryF Wood, the Board recessed Regular Session to meet in Executive Session for the purpose ofdiscussing personnelRegular SessioniUpon a motion by Commissioner Frank B Holding, duly seconded by CommissionerJohn M Booker and carried by unanimous vote, the Board adjourned Executive Session andresumed Regular Session22 Communication Authority CreatedCommissioner John M Booker in addressing the meeting said there has been a stronginterest from citizens, the Firemens Association, the Rescue Squad Association and towngovernments, and a strong urging by the Sheriff to have some input from the CountyCommissioners concerning improvements to the Countys communication system Also the Sheriffhas expressed very strong concerns and been very explicit about protecting the citizens ofthis county and protecting law enforcement officers concerning matters of a highlyconfidential natureCommissioner Booker continued by saying that in an effort to facilitate and help thiscounty and help the Sheriff, he proposes the following motion to the Board for adoptionA To create the Johnston County Communication Authority to be composed of sevenmembers as follows1 Sheriff - designated as Chairman2 Three chiefs of Police in the County from among the users or designeesi3 President of County Fire Association or designee4 President of County Rescue Squad Association or designee5 Director of County Emergency Management or designeeB The current employees of the Sheriffs Department shall be transferred to theAuthority on a probationary status until they can qualify, but not to exceed six monthsC The Authority shall be charged with creating a fee structure based on numberof calls The revenue shall be used to support the Communications CenterD The Authority shall designate a supervisor to oversee the daily operations of theCommunications CenterCommissioner Jerry F Wood seconded the motion which carried by unanimous voteMayor Ernest Wilkerson of Kenly commended the Board for this action, and says hefeels this is a step in the right directionThe Sheriff thanked the Commissioners and expressed his appreciation for theirconcern and consideration in addressing the Countys Communication System23 Board of Equalization and ReviewThe Board of Commissioners recessed to sit as a Board of Equalization and Review;Will Crocker, Clerk of Superior Court, administered each Commissioner the oath of office toact as the Board of E R A John Kenneth Starling; Selma Township, Parcel ##14M08046B; Value 62,870;Reason for Appeal States not worth that muchMrs Starling appeared saying she believes this property has been valued too highand requests the property be revisitediThe Board asked the County Appraiser to visit the property and report back at thenext E R meetingB David Rogers Representing RTD Investments ; Boon Hill Township, Parcel#04011035I; Value 100,240; Reason for Appeal Paid more than market value in order to getland for speculationIi385April 3, 1989 ContinuedC Laren Frank Lawhon; Boon Hill Township, Parcel # 040130035; Value 9,000;Reason for Appeal Recreational privileges Hunt Club - purchase of lot requiredMr Lawhon explained he is a shareholder in Neuse Bend, Inc This lot can not beused for building can not put in septic tank, however, its purchase was required in orderto become a shareholder with hunting privilegesThe Board of E R instructed the Tax Administrator to assess, Mr Lawhons lot inaccordance with other Neuse Bend shareholders values on similar lotsUpon a motion by Commissioner John M Booker, duly seconded by CommissionerFrank B Holding and carried by unanimous vote, it was moved the Board of Equalization andReview be recessed until Monday, May 1, 1989, at 200 pm and that regular session beresumedRegular Session24 Agreement of Settlement - Ricky HoggUpon a motion by Commissioner Jerry F Wood, duly seconded by Commissioner FrankB Holding and carried by unanimous vote, the Board approved the following agreement andauthorized execution by the County ManagerAgreement of SettlementTHIS AGREEMENT OF SETTLEMENT made and entered into this 4thday of April, 1989, by and between COUNTY OF JOHNSTON, party of firstpart, hereinafter called County and RICHARD RICKY NEEDHAM HOGG, partyof the second part, hereinafter called Hogg WHEREAS Hogg received serious permanent bodily injuries while onduty as a Deputy Sheriff of County on September 29, 1983; whereas Hoggfiled a claim I C File Number 996446 against County, and whereas Countyhas been making monthly payments to Hogg and has been paying his medicalbills pursuant to an Order of the North Carolina Industrial Commission;whereas Hogg has sought from County a cash payment of FIFTY -FIVETHOUSAND AND 00 100 DOLLARS 55,00000 with which he can invest in abusiness venture, and whereas Hogg has further sought payment of a monthlyamount of ONE THOUSAND AND 00 100 DOLLARS 1,00000 for the remainderof his lifetime, with a guarantee of the payment, of a total of two hundredforty 240 monthly payments of ONE THOUSAND AND 00 100 DOLLARS1,00000 each as followsIf Hogg dies before two` hundred forty 240 monthly payments aremade, County will pay the remainder of said two hundred forty 240 monthlypayments of ONE THOUSAND AND 00 100 DOLLARS 1,00000 each to Hoggswife, Wilma Moss Hogg or to the duly qualified administrator or executor ofher estate if she dies prior to the expiration of said period of two hundredforty 240 months; whereas such payments by County will be in fullsettlement of all damages incurred by Hogg and for all claims that Hogg hasmade to date and for all claims that he might make against County hereaftergrowing out of his employment with CountyNOW, THEREFORE, County and Hogg agree as follows1 Upon approval of this Agreement by the North Carolina IndustrialCommission, County will pay FIFTY -FIVE THOUSAND AND 00 100 , DOLLARS55,00000 to Hogg within thirty 30 days after said approval2 County will pay to Hogg within thirty 30 days after saidapproval the sum of ONE THOUSAND AND 00 100 DOLLARS 1,00000 and ONETHOUSAND AND 00 1100 DOLLARS 1,00000 monthly thereafter for theremainder of his lifetime Further, if Hogg shall die before a total of twohundred forty 240 monthly payments of ONE THOUSAND AND 00 100Mr Rogers declared thatRTD purchased this property in July, 1988, for101,000andpaid more than market value inorder to get the 44 acre tract for speculation;he feelstheappraised value has been basedon purchase price Mr Rogers emphasized thatit wasputon the market for 2,000 an acreand did not sell, and asked that the value be reducedThe Board asked the County Appraiser to visit the property and reportback atthenext E R meetingC Laren Frank Lawhon; Boon Hill Township, Parcel # 040130035; Value 9,000;Reason for Appeal Recreational privileges Hunt Club - purchase of lot requiredMr Lawhon explained he is a shareholder in Neuse Bend, Inc This lot can not beused for building can not put in septic tank, however, its purchase was required in orderto become a shareholder with hunting privilegesThe Board of E R instructed the Tax Administrator to assess, Mr Lawhons lot inaccordance with other Neuse Bend shareholders values on similar lotsUpon a motion by Commissioner John M Booker, duly seconded by CommissionerFrank B Holding and carried by unanimous vote, it was moved the Board of Equalization andReview be recessed until Monday, May 1, 1989, at 200 pm and that regular session beresumedRegular Session24 Agreement of Settlement - Ricky HoggUpon a motion by Commissioner Jerry F Wood, duly seconded by Commissioner FrankB Holding and carried by unanimous vote, the Board approved the following agreement andauthorized execution by the County ManagerAgreement of SettlementTHIS AGREEMENT OF SETTLEMENT made and entered into this 4thday of April, 1989, by and between COUNTY OF JOHNSTON, party of firstpart, hereinafter called County and RICHARD RICKY NEEDHAM HOGG, partyof the second part, hereinafter called Hogg WHEREAS Hogg received serious permanent bodily injuries while onduty as a Deputy Sheriff of County on September 29, 1983; whereas Hoggfiled a claim I C File Number 996446 against County, and whereas Countyhas been making monthly payments to Hogg and has been paying his medicalbills pursuant to an Order of the North Carolina Industrial Commission;whereas Hogg has sought from County a cash payment of FIFTY -FIVETHOUSAND AND 00 100 DOLLARS 55,00000 with which he can invest in abusiness venture, and whereas Hogg has further sought payment of a monthlyamount of ONE THOUSAND AND 00 100 DOLLARS 1,00000 for the remainderof his lifetime, with a guarantee of the payment, of a total of two hundredforty 240 monthly payments of ONE THOUSAND AND 00 100 DOLLARS1,00000 each as followsIf Hogg dies before two` hundred forty 240 monthly payments aremade, County will pay the remainder of said two hundred forty 240 monthlypayments of ONE THOUSAND AND 00 100 DOLLARS 1,00000 each to Hoggswife, Wilma Moss Hogg or to the duly qualified administrator or executor ofher estate if she dies prior to the expiration of said period of two hundredforty 240 months; whereas such payments by County will be in fullsettlement of all damages incurred by Hogg and for all claims that Hogg hasmade to date and for all claims that he might make against County hereaftergrowing out of his employment with CountyNOW, THEREFORE, County and Hogg agree as follows1 Upon approval of this Agreement by the North Carolina IndustrialCommission, County will pay FIFTY -FIVE THOUSAND AND 00 100 , DOLLARS55,00000 to Hogg within thirty 30 days after said approval2 County will pay to Hogg within thirty 30 days after saidapproval the sum of ONE THOUSAND AND 00 100 DOLLARS 1,00000 and ONETHOUSAND AND 00 1100 DOLLARS 1,00000 monthly thereafter for theremainder of his lifetime Further, if Hogg shall die before a total of twohundred forty 240 monthly payments of ONE THOUSAND AND 00 100•? •April 3, 1989 Continued1,00000 each are made by County to Hogg, then County shall pay toHoggs wife, Wilma Moss Hogg, or to the administrator or executor of herestate the remainder of said total of two hundred forty 240 monthlypayments of ONE THOUSAND AND 00 100 DOLLARS 1,00000 eachj3 County shall pay to Hogg all approved medical expenses of Hogg tothe date of the signing of this settlement agreement, and no further4 County shall pay to Hogg all other payments heretofore ordered bythe North Carolina Industrial Commission until the date of the approval by theNorth Carolina Industrial Commission of this final settlement5 This is a compromise settlement between the parties of allobligations heretofore imposed by the North Carolina Industrial Commission andof all damages, past, present and future, incurred by Hogg in the accidenton September 29, 1983, and of any and all actions, causes of action, claims,motions, demands, damages, costs including medical or consequential damageson account of, or in any way growing out of or related to the injuriessustained by Hogg on September 29, 1983, and on any other date of Hoggsemployment with County Hogg does hereby completely release, acquit, anddischarge County upon his behalf, and his heirs, executors, administratorsand assigns6 Hogg agrees that neither he nor his heirs shall have any right toassign the benefits due under this agreement of settlement, and that he andthey shall not have any right to accelerate or increase the amounts of thepayments due hereinEntered into the day and year first above writtenNOTE Agreement signed and entered into on April 4, 198925 Budget AmendmentUpon a motion by Commissioner Jerry F Wood, duly seconded by Commissioner FrankB Holding and carried by unanimous vote, the following budget amendment was approvedLegal ProfessionalExpenditure Decrease1066505700 Contingency 55,00000Expenditure Increase10470057 Misc Law Suits 55,0000026 Landfill Tire Disposal FeeThe County Manager reported that because of the huge volume of tires, the expenseand the amount of space required for disposal, the County can no longer accept tires forburial at the landfill He suggested the County impose a fee for accepting tires and tocontract with Tire Recovery, Inc for accepting the Countys tires for recyclingAfter discussion, Commissioner John M Booker moved that a fee of 1 per tire becharged for tires brought to the landfill for disposal effective April 1, 1989, and authorizedthe Manager to enter into a contract for disposal of tiresCommissioner Jerry F Wood seconded the motion which carried by unanimous voteThe Board asked the County Manager to report on how the tire fee system isworking within the next 60 days27 Relocation of County OfficesThe Board discussed relocation of County agencies in the old Courthouse BuildingUpon a motion by Commissioner John M Booker, duly seconded by CommissionerFrank B Holding and carried by unanimous vote, the Board adjournediiNorman C Denning, ChairmaEleanor N Creech, ClerkBoard of County CommissionersDetailsAnnotationsEntry PropertiesModified11192013 114337 AMCreated442003 94208 AMTemplateMinutesFieldsMinutes - TypeRegularMinutes - Date431989Book18