August 7, 1989 - 10:00 AM - County Board of Commissioners Meeting Minutes

Meeting of the Johnston County Board of CommissionersAugust 7, 1989The Johnston County Board of Commissioners met in regular session on Monday,August 7, 1989, at 1000 am in the Commissioners Room, Johnston County CourthouseAnnex, 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 NoneAlso Present Richard B Self, County Manager and Joyce H Ennis, Deputy Clerk tothe BoardThe Chairman called the meeting to order and the following business was transacted1 MinutesThe Chairman asked if there were any corrections to the minutes of June 5, June 12,June 13, June 14, June 20, June 22, June 26, June 27, June 29, July 5 and July ll boardmeetings There being no corrections, the Chairman declared the minutes stand approved2 New Veterans Service Officer - Tommie Darius BlinsonRichard B Self, County Manager, introduced Johnston Countys new Veterans ServiceOfficer, Tommie Darius BlinsonChairman Norman C Denning, on behalf of the Board, welcomed Mr Blinson3 Public Hearin - Zoning Ordinance Zonn Maps for Clayton, Cleveland, Wildersand Pleasant Grove Townships an -40 Corridor from Wake to Sampson CountyAdvertised July 14, 1989 and July 21, 1989 Time 1015 amChairman Norman C Denning opened the Public Hearing and invited all who wished tobe heard on the proposed Zoning Ordinance and Zoning Maps for Clayton, Cleveland, Wildersand Pleasant Grove Townships and I -40 Corridor 1500 feet on either side of Interstate centerline from Wake County to Sampson County Lawrence Haft, Route 3, Benson, North Carolina, Elevation Township, expressedconcern that Elevation is not among the townships to be considered for zoning at this timeCommissioner Denning explained that the entire County will be included under theZoning Ordinance as soon as zoning maps aerial property line maps are completed andprocessed by the Planning Department, and that Elevation Township would be included in thenext area zonedJeff Coutu, Planning Director, said the Planning Department anticipates all areas westof I -95 will be completed within six months, and the rest of the County within a year Heexpressed satisfaction with the progress being made over the last few months by LandmarkEngineering, the private firm doing the mappingBobby Stephenson, Chairman of the Planning Board, addressed the Board stronglysupporting the adoption of the proposed Zoning Ordinance and Zoning Maps Mr Stephensonsaid much work and money has gone into zoning the County, and that zoning is needed forthe County to continue to growMr Stephenson, on behalf of the Planning Board, commended Jeff Coutu and thePlanning Department staff for a job well done He said, Today will be a milestone forJohnston County, and Im glad to be a part of itMr Coutu displayed samples of the new maps for the four townships proposed forzoning, stating there will be 700 maps for the entire County He further explained thevarious types of designated zoning contained in the proposed ordinance, pointing out thatbona fide farm land is exempt from zoning regulations, and that buildings already inexistence will not be affected; however, expansions to existing buildings will come under theordinance Mr Coutu said copies of the Zoning Ordinance can be obtained from the PlanningOffice at a costThere being no further response from the audience, the Chairman declared the PublicHearing closedf4554 Zoning Ordinance and Zoning Maps for Clayton, Cleveland, Wilders and Pleasant Groveand I -40 Corridor AdoptedCommissioner James W Cash moved the County adopt theJohnston CountyZoningOrdinanceincluding schedule of fees as proposed and the officialzoning maps for Clayton,Cleveland,Wilders and Pleasant Grove Townships and I -40 Corridor1500 feet eitherside ofInterstatescenter line from Wake County to Sampson County Commissioner Cashfurthermoved thatwhere fees are mentioned throughout the Ordinance, thephrase be added,or asset by theBoard of Commissioners from time to timeCommissioner Jerry F Wood seconded the motion which carried by unanimous voteMr Coutu reminded the Board they will need to appoint a five member, 2 alternatemember Zoning Board of Adjustment to function as a Board of Appeals; one member oralternate to be from the Johnston County Planning Board as stated in the Ordinance TheChairman responded that the Zoning Board of Adjustments will be appointed at the nextregular meetingNOTE Zoning Ordinance recorded in the Johnston County Ordinance Book V, pages630 -5 Subdivisions ApprovedUpon the recommendation of the County Planning Board, the following subdivisionswere considered for approvalA Brogden Woods, Section 1, E L Motes, Owner; SR 2545, Boon Hill Township; 34lots; Restrictions private road maintenance agreement; Motion by Commissioner Jerry FWood, seconded by Commissioner Frank B Holding and carried by unanimous vote; platexecuted by Chairman B White Oak Ridge, Section III, Willis Umstead, Owner; off SR 1550,Cleveland Township; 13 lots; Restrictions private road maintenance agreement; motion byCommissioner James W Cash, seconded by Commissioner Frank B Holding and carried byunanimous vote; plat executed by Chairman C Archers Glen, Richard Weale, Owner; SR1701, Wilders Township; 19 lots; Restrictions landscaped entrance sign; motion byCommissioner Frank B Holding, seconded by Commissioner James W Cash and carried byunanimous vote; plat executed by Chairman6 West Smithfield Sanitary District - Water Supply ShortageTim Broome, President, Ragsdale Engineers, met with the Board addressing the nearemergency situation- of low water supply in the West Smithfield Sanitary Districts elevatedwater tank Mr Broome explained that due to the increased demand for water from theClayton area, water is being pumped out to Clayton from the West Smithfield Sanitary Districtsystem faster than the hydraulic system pipe network can replenish it from the SmithfieldWater Plant As a result, too much water is being drawn from the West Smithfield water tankleaving the tank at a dangerously low level - possibly too low to fight a fire if neededIt has been recommended that a 20 water main be installed from the Smithfield WaterPlant to the vicinity of Pippin Motor Company on Highway 70 West where it would connectwith the Countys existing 16 line, at a cost of 650,000 Mr Broome suggested that analternate and less costly solution to the immediate problem would be to build a portion orbridging segment of this 20 main from the vicinity of McDonalds Restaurant to PippinMotor Company 4100 to 4200 linear feet of pipe This would allow Clayton to draw up to 15million gallons per day without causing a problem for West Smithfield Sanitary District; costestimated at 230,000Mr Broome advised the Board the County may be eligible for emergency loan moneyfrom the State Division of Health Services, and recommended the County make applicationCommissioner Frank B Holding expressed concern about the serious nature of thisproblem which jeopardizes both Claytons and West Smithfields water Supply and fireprotectionUpon a motion by Commissioner Frank B Holding, seconded by Commissioner Jerry FWood and carried by unanimous vote, the Board authorized Ragsdale Engineers to proceedwith engineering plans for a section of 20 water main approximately 4100 to 4200 linearfeet to be installed from the vicinity of McDonalds Restaurant, Highway 70 West to PippinMotor Company, Highway 70 West, to connect with the Countys existing 16 water line toClayton, and that Ragsdale further be authorized to make application, on behalf of theCounty, for an emergency loan from the North Carolina Department of Human Resources,Division of Health Services, and that the following resolution be adoptedRESOLUTION BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERSWHEREAS, The North Carolina Clean Water Revolving Loan and GrantAct of 1987 has authorized the making of loans and grants to aid eligible456August 7, 1989 Continuedunits 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 West Smithfield Sanitary DistrictBypass Transmission Main, andWHEREAS, Johnston County intends to request state loan assistancefor the project,NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF COMMISSIONERSOF JOHNSTON COUNTYThat Johnston County will arrange financing for all remaining costs ofthe 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 aboveThat Mr Richard Self, County Manager, and successors so titled, ishereby authorized and directed to furnish such information as the appropriatestate agency may request in connection with such application on the projectto make the assurances as contained above; and to execute such otherdocuments as may be required in connection with the 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 7th day of August, 1989, at Smithfield, NorthCarolinaMr W B Duck Strickland, Chairman, and Mr Danny Lassiter, Utilities Director,West Smithfield Sanitary District, were present at the meeting Mr Strickland expressedappreciation to the Board for this action to alleviate the Sanitary Districts water shortageproblem7 Resolution CMA Cable Associates Tele -Media CompanyMr Bob Lechner, District Manager of Tele -Media Company and CMA CablevisionAssociates, appeared before the Board asking that they consider approving documents ofConsent to Assignment and Pledge or Consent to Assignment Only in order for his companyto obtain additional financing on the cable franchise systemUpon a motion by Commissioner Jerry F Wood, duly seconded by Commissioner JamesW Cash and carried by unanimous vote, the following resolutions were adoptedA RESOLUTION CONSENTING TO THE ASSIGNMENT OF THE FRANCHISE FORTHE OPERATION AND MAINTENANCE OF A COMMUNITY ANTENNATELEVISION SYSTEM IN JOHNSTON COUNTY, NORTH CAROLINA, ANDTO SUBSEQUENT ASSIGNMENTS OF THE FRANCHISE, CONSENTING TOTHE ENTERING INTO OF A RIGHTS AGREEMENT AND CONSENTINGTO THE COLLATERAL ASSIGNMENT OF THE FRANCHISEWHEREAS,the Board ofCommissioners of Johnston County,North Carolina theBoard , acting underthe provisions of NC Gen Stat 153 -137 1987,passed an ordinanceon October 5, 1981the FranchiseOrdinance ` providing for the granting of a nonexclusivefranchise for theoperation andmaintenance of a community antennatelevision CATAsystem in JohnstonCounty, North Carolina the Franchise ; andWHEREAS,pursuant to theterms of the Franchise Ordinance, the Board, on May 12,1983, granted the Franchise toKountry Kable, Inc, a NorthCarolina corporation Kountry ; and3,i4 ,457August 7, 1989 ContinuedWHEREAS, Section 126 of the Franchise OrdinanceFranchise without the express and prior written approval ofWHEREAS, Kountry assigned the Franchise andOrdinance to Cable Franchises, Inc, a Delaware corporationThomas J Keaveney, which assignment was approved byMay 6, 1985; andprohibits the assignment of thethe Board; andits rights under the franchise CFI , a company controlled bythe Board by a Resolution datedWHEREAS, CFI assigned the Franchise and its rights under the Franchise Ordinanceto Cable Management Associates, Inc, a Delaware corporation CMAI , another companycontrolled by Thomas J Keaveney, which assignment was not approved by the Board; andWHEREAS, circumstances may arise in the future whereby it would be advantageousfor CMAI to assign all of its rights under the Franchise Ordinance to another entity which isdirectly or indirectly controlling, controlled by or under direct or indirect common controlwith CMAI; andWHEREAS, CMAI desires to assign and pledge, for collateral security purposes, therights to conduct the business of a CATV system under the Franchise Ordinance to afinancial institution as collateral security for the repayment of indebtedness incurred inconnection with the acquisition and or operation of CATV systems; andWHEREAS, CMAI also desires to enter into an agreement with CMA North CarolinaCable Associates, LP , a North Carolina limited partnership CMA North Carolina , whosegeneral partner is CMAI, which would allow CMA North Carolina to make use of the rightsgranted under the Franchise Ordinance and to manage and operate the CATV system underthe Franchise the Rights Agreement ; andWHEREAS, the Board is willing to consent to and approve the assignment of theFranchise from CFI to CMAI; andWHEREAS, the Board is willing to grant its consent and approval to the futureassignment by CMAI of its rights under the Franchise to an entity which is directly orindirectly controlling, controlled by or under direct or indirect common with CMAI; andWHEREAS, the Board is willing to grant its consent and approval to the assignmentof the Franchise, for collateral security purposes, to a financial lending institution ascollateral security for the repayment of indebtedness incurred in connection with theacquisition and or operation of CATV systems; andWHEREAS, the Board is willing to grant its consent and approval to CMAI enteringinto a Rights Agreement pursuant to which CMA North Carolina will manage and operate theCATV system under the FranchiseNOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of JohnstonCounty, North Carolina, as followsSection 1 The Board hereby consents to, ratifies and approves the assignment fromCFI to CMAI of all of CFIs right, title and interest in, and duties and obligations under,the Franchise OrdinanceSection 2 The Board hereby grants its consent and approval to the futureassignment by CMAI of its rights under the Franchise Ordinance to an entity which isdirectly or indirectly controlling, controlled by or under direct or indirect common controlwith CMAISection 3 The Board hereby grants its consent and approval to the mortgage,pledge, or grant of a security interest in the Franchise and CATV system operating pursuantto the Franchise Ordinance by CMAI and CMA North Carolina to any financial lendinginstitution as collateral security for the repayment of indebtedness incurred in connectionwith the acquisition and or operation of CATV systemsSection 4 The Board hereby grants its consent and approval to CMAI entering intothe Rights Agreement pursuant to which CMA North Carolina will make use of the rightsgranted under the Franchise Ordinance and manage and operate the CATV system under theFranchise OrdinanceSection 5 The consents granted by this resolution shall be null and void unlessCMAI accepts and agrees to this resolution by delivering a countersigned copy hereof to theBoard By such acceptance, CMAI agrees to be bound by and to comply with the provisionsof the Franchise OrdinanceME]August 7, 1989 ContinuedSection 6 The Board hereby acknowledges that the Franchise Ordinance is in allother respects ratified and confirmed, and all of the terms and conditions thereof shallremain in full force and effect The Board hereby confirms that the Franchise is validlyexisting, not in default in full force and effectSection 7 This resolution shall become effective upon the date of its final readingand adoption or on the earliest date allowed by lawDuly read and adopted the 7th day of August, 1989, as finally read and adopted the7th day of August, 19898 ABC Board Request to Partially Fund Student Assistance ProgramRichard Self, County Manager, told the Board the Johnston County Board of AlcoholicControl has requested the County concur in the ABC system partially funding the StudentAssistance Program, a school based, educational and motivational program for 7th through12th graders which is co- sponsored by the County Mental Health Center, the County Board ofEducation, and the Mental Health AssociationThe ABC system will use funds previously allocated to the Secrets Program whichis no longer administered by the county school system and has been replaced by the DAREprogramUpon a motion by Commissioner John M Booker, duly seconded by CommissionerJames W Cash, and carried by unanimous vote, the Board approved the request from theJohnston County Board of Alcoholic Control to partially fund the school -based StudentAssistance Program9 Recreation Grants ApprovedUpon a motion by Commissioner Jerry F Wood, duly seconded by Commissioner JohnM Booker and carried by unanimous vote, the following Recreation Grants were approvedPine Level Recreation Committee, 2,000; Selma Parks Recreation Department,2,000; Town of Pine Level, 2,000; Smithfield -Selma Athletic Booster Club, 2,000; ClaytonCivitan Club, 2,000; Optimist Club of Smithfield, 2,00010 Budget Amendment Approved - Health DepartmentUpon a motion by Commissioner Jerry F Wood, duly seconded by Commissioner JohnM Booker and carried by unanimous vote, the following budget amendment was approvedExpenditure Increase - Epidemiology10- 5915 -0200 Salaries 10,000Revenue Increase - Epidemiology10- 3519 -820 DHS Funds - Influenza 10,000ll Budget Amendment - Acceptance of Grant for Home Health Program - Health DepartmentThe County Manager, informed the Board that Johnston County has been selected asone of five counties in the State to receive a demonstration grant in the amount of 90,009from the North Carolina Division of Health Services to fund an expanded home health careprogramCommissioner James W Cash moved the -County accept the 90,009 demonstrationgrant, and the proper budget amendment be madeCommissioner John M Booker seconded the motion which carried by unanimous vote12 Resolution - Department of Social Services - Aid to the Blind ProgramMr Ed Matthews, Regional Supervisor for the North Carolina Division of Services forthe Blind, requested the Board pass a resolution authorizing the Director of Social Servicesj to sign change authorizations relating to Aid to the Blind grants Mr Matthews explainedthat this procedure is customary in most counties and has been followed in Johnston Countyfor some time A recent audit showed that the resolution is needed in order to continue thepracticeUpon a motion by Commissioner Frank B Holding, seconded by Commissioner John MBooker and carried by unanimous vote, the following resolution was adoptedIlift459August 7, 1989 ContinuedRESOLUTIONIt is HEREBY RESOLVED by the BOARD OF COMMISSIONERS OF JOHNSTON COUNTY,NORTH CAROLINA, in a meeting held at 10 oclock am August 7, 1989, that1 The person serving presently or in the future in the capacity of Director of SocialServices for Johnston County is hereby empowered with and assigned all theauthority and duties, pertaining to Aid to the Needy Blind, as are conferrableupon the said Director under North Carolina General Statute 111 -35 which is asfollowsGS 111 -35 Authority of director of social services--The respective boards ofcounty commissioners of each county are hereby authorized to empower and conferupon the county director of social services for their respective counties theauthority to perform any or all acts or functions which the previous sections ofthis Article direct or authorize the county board of commissioners to perform Anyact or function performed by a county director of social services under theauthority of this section shall be reported by him to the respective county boardof commissioners for its review, and for alternative action or disposition wheredeemed appropriate by such board Provided that the respective boards of countycommissioners shall make no alternative or different disposition of a matter whichthe county director of social services is empowered to act upon which wouldprejudicially affect the status of any aid to the blind recipient without firstaffording such recipient reasonable notice and opportunity to be heard 1971, c348 s 12 The authority and duties herein conferred and assigned are conferred upon andassigned to any person who is lawfully acting as the Director when the functionsof the Director are not being performed by a person officially designated andholding the position of Director of Social ServicesThe foregoing resolution was adopted and entered in the minutes of the Board thisthe 7th day of August, 198913 Resolution Designating Amended Boundaries- Blackmons Crossroads Fire District Five Mile DistrictUpon a motion by Commissioner Jerry F Wood, duly seconded by Commissioner JamesW Cash and carried by unanimous vote, the following resolution was adoptedRESOLUTIONWHEREAS, the matter of fixing and declaring the amended boundaries of theBlackmons Crossroads Fire District was duly presented;AND WHEREAS, it appears that the Blackmons Crossroads Fire District has compliedwith the maximum requirements, as contained in the resolution adopted by the Board ofCounty Commissioners on October 3, 1955, pertaining to the establishment of Fire Departmentsand Fire Districts in Johnston County;AND WHEREAS, the enlargement of its fire district has met the approval of the NorthCarolina Fire Insurance Rating Bureau;NOW, THEREFORE, BE IT RESOLVED that the boundaries of the Blackmons CrossroadsFire District to be served by the Blackmons Crossroads Fire Department be amended andofficially designated and fixed as followsBLACKMONS CROSSROADS FIRE DISTRICTFive Mile DistrictBeginning at a point 1 at the intersection of Five Point Road #1176 and Tart Road01174; thence in a northwesterly direction to a point 2 on Stewart Road #1171 02 milesouth from its intersection with Benson- Bentonville Road #1143; thence in a northwesterlydirection to a point 3 on Benson - Bentonville Road #1143 03 mile west from its intersectionwith Stewart Road #1171; thence in a northeasterly direction to a point 4 on Stewart Road #1171 03 mile north from its intersection with Benson - Bentonville Road #1143 thence in anortherly direction following the Banner Fire District boundary to a point 5 on Road #1158,2 tenths mile northeast of its intersection with Road #1171; thence in a northerly directionalong the Banner Fire District boundary to a point 6 on Road 1220, 4 tenths mile north ofits intersection with Road #1171; thence in a northeasterly direction following the Wynn FireDistrict boundary to a point 7 on Road #1166, 35 tenths mile north of its intersection withRoad #1159; thence in a easterly direction to a point 8 on Juniper Church Road #1159 035mile northeast from its intersection with Parker Road #1166; thence in a northeasterlydirection to a point 9 on Teterville Road #1160 05 mile west from its intersection withAugust 7, 1989 ContinuedHockaday Road #1162 excluding property on Road #1160 west of this point thence in anortheasterly direction to a point 10 on Hockaday Road #1162 01 mile north from itsintersection with Teterville Road #1160; thence in a northeasterly direction to a point 11 ;on NC Highway #96, 07 mile north from its intersection with Toole Road #1150; thence ina easterly direction to a point 12 on Road #1213, 15 tenths northwest of its intersectionwith Road #1179; thence in a southerly direction following the Stricklands Crossroad Fire yDistrict boundary to a point 13 on Road #1153, at its intersection with Road #1151; thence ina southerly direction to a point 14 on Scotland Neck Road #1151 01 mile south from itsintersection with Massengill Road #1153; thence in a southerly direction to a point 15 onj Scotland Neck Road #1151 03 mile north from its intersection with Cooledge Road #1152,excluding all property along Scotland Neck Road #1151 between this and the preceding point;thence in a southerly direction to a point 16 on Lee Union Road #1148 05 mile north fromits intersection with Benson - Bentonville Road #1143 ; thence in a southeasterly direction to apoint 17 on Benson - Bentonville Road #1143 05 mile east from its intersection with LeeUnion Road #1148; thence in a southwesterly direction to a point 18 on Lee Road #114705 mile south from its intersection with Benson - Bentonville Road #1143 ; thence in asoutherly direction to a point 19 on Lee Road #1146 08 mile east from its intersection withHall Road #1145, excluding all property along Lee Road #1146 between this and thepreceding point thence in a southeasterly direction to a point 20 at the intersection ofOak Forest Road #1144 with Jule Road #1138; thence in a southerly direction following theStricklands Crossroads Fire District boundary to a -point 21 at Meadow Fire Districtboundary; 5 tenths mile south of the Stone Creek Bridge on Road 038, excluding allproperty on Road #1138 between this and the preceding point; thence in a westerlydirection along the Meadow Fire District boundary to a point 22 at the intersection of #1140 with #1139 ; thence in a northwesterly direction to a point 23 on NC Highway#96, 06 mile south from its intersection with Johnson Road #1005 , excluding all propertyalong Barefoot Road #1139 between this and the preceding point; thence in a westerlydirection to a point 24 on Johnson Road #1005 02 mile southwest from its intersectionwith Five Point Road #1176; thence in a westerly direction to the point 1 of beginning14 SR 2106 - ONeals TownshipWalter Barnes and James T Bailey, met with the Board expressing concern that SR2106, ONeals Township, has lost paving priority according to the latest priority ratings forJohnston County{iCommissioner John M Booker asked Ross Hailey, Maintenance Engineer for N CDepartment of Transportation, to explain the recently enacted State Highway Funding Packagei 54 cents gasoline tax increase and asked how this might affect the paving of SR 2106 MrHailey told the Board the new program will approximately double the rate of rural roadpaving in the County and SR 2106 could possibly be paved by fiscal year 191 -19215 Antioch Fire Department - DrivewayUpon a motion by Commissioner Jerry F Wood, duly seconded by Commissioner FrankB Holding and carried by unanimous vote, the Board asked the N C DOT to consider arequest from the Antioch Fire District to pave the entire driveway area in front of the newbays at the fire stationM AppointmentsA Industrial Facilities and Pollution Control Financing AuthorityUpon a motion by Commissioner John M Booker, seconded by Commissioner FrankB Holding and carried by unanimous vote, Graham R Neville, Smithfield, and Donald BRains, Princeton, were reappointed to the Industrial Facilities and Pollution Control FinancingAuthority for six year terms terms ending August, 1995B Council on Status of WomenUpon a motion by CommissionerFrank B Holding, duly seconded byCommissionerJerry F Wood and carried by unanimous vote, the following were appointed tothe JohnstonCounty Council on Status of Womenfor two year terms terms ending August,1991 JoyceR McLarty, Cynthia M Pittard,Jean Barnes Tyner of Smithfield, DorisAnderson ofClayton and Anji Bush from BensonMrsJoyce McLarty was present and spokebriefly thanking the Board for herappointment,assuring that she will work hard torenew interest in the status of women inthe County17 Appointment - Town of Clayton Planning Zoning BoardUpona motion by Commissioner James WCash, duly seconded by Commissioner JohnM Booker and carried by unanimous vote, the Boardappointed Allen Mims, 2800 City Road,461August 7, 1989 ContinuedClayton, to the Clayton Planning and Zoning Board to replace Don H Bunn, as recommendedby the Clayton Town Council18 Report of Auction - Sale of Surplus Property VehiclesThe County Manager reported county vehicles brought an average of 1700 in thepublic sale conducted August 5, 198919 Accident at Health DepartmentThe County Manager reported to the Board that an 18 -wheel truck caused extensivedamage at the County Health Department when the top of the Old Dominion transfer truckstruck telephone and computer cables between the Health Department and the Rose HooksAnnex, tearing the cables loose from the buildings, turning equipment over, and tearingconnectors through ceilings Five automobiles in the parking lot were also damaged OldDominions insurance carrier has communicated with the County20 Motel Occupancy Tax - Penalties for Failure to File ResortsThe County Manager reported penalties have been assessed two motel operators forfailure to file monthly reports required by State law, relating to motel occupancy tax TheWhite Swan Motel, Smithfield, collected no taxes, however failed to file the required reportresulting in a penalty of 1,260 Sun Best Properties, Best Western of Selma, collected taxesand turned in the revenue, but failed to file the report resulting in a penalty of 7,100The Board asked the County Manager for his recommendationRichard B Self, County Manager informed the Board that there is no statutoryauthority to compromise room occupancy tax penalties in Johnston County, however, due tothe unusual circumstances in these cases and the excessive amounts, in his opinion thepenalties should be waived because of the unreasonablenessCommissioner James W Cash moved the County release failure -to -file penaltiesassessed White Swan Motel in the amount of 1,260 and Sun Best Properties in the amount of7,100Commissioner Frank B Holding seconded the motion which carried by unanimous voteUpon a motion by Commissioner John M Booker, duly seconded by CommissionerFrank B Holding and carried by unanimous vote, the Board adjournedJoy H Ennis, Deputy ClerkNorman C Denning, Chairman