July 7, 1986 - 10:00 AM - County Board of Commissioners Meeting Minutes

Meeting of Board of Commissioners of Johnston CountyJuly 7, 1986The Johnston County Board of Commissioners met in regular session Monday,July 7, 1986, at 10 oclock am, Commissioners Room, Johnston County Courthouse,Smithfield, North Carolina, with the following members presentNorman C Denning, Chairman, Frank B Holding, Vice Chairman, JamesW Cash, Howard Benton and John M Booker, DVMMembers Absent NoneAlso present Kramer Jackson, County Manager and Eleanor N Creech,Clerk to the BoardThe Chairman called the meeting to order and the following business wastransacted1 MinutesThe Chairman asked if there were any corrections to the minutes of theJune 2nd, June 9th, June 16th and June 23, 1986, board meetings There beingno corrections, the Chairman declared the minutes stand approved as recorded2 Tax Appeals - Refund Requested by Champion Products, IncJohnnie Stott, Tax Administrator, advised the board that Champion Products,Inc has requested a refund of county and Town of Clayton taxes This requestbased on an overstatement of inventory on personal property of 2,841,049 forthe tax year 1985 The Tax Administrator told the board through an audit processthat allows the tax office to use North Carolina income tax records to verify listings,he found that Champion Products did in fact list more inventory with the countythan income tax records show Mr Stott further stated based on the audit andGS105 -381 a 1 which basically states a taxpayer may assert a valid defensedue to a tax imposed through clerical error , it is recommended that JohnstonCounty refund to Champion Products, Inc 25228533, and the Town of Claytonrefund Champion Products, Inc 19,31913 The county collects taxes for the Townof ClaytonAfter discussion and assurance that proper verification had been madeby the Tax Administrator of an overstatement of inventory, Commissioner JamesW Cash moved the board accept the Tax Administrators recommendation and refundChampion Products, Inc in the amount of 25,28533, in accordance with GS105- 381a1Commissioner Howard Benton seconded the motion which carried by unanimousvote3 Penalties on Beer and Wine Licenses - Relief RequestedThe Tax Administrator advised that M W Stancil, Inc, Selma, and IdealMart, Ideal Stop and Shop, Smithfield, had requested relief of interest and penaltieson beer and wine licenses These penalties assessed for failure to renew privilegelicenses for the selling of beer and wine; privilege licenses required by StatelawM W Stancil, Inc and Ideal Mart, Ideal Stop and Shop, who paid underprotest are asking the Board of Commissioners to be relieved of the penalties andinterestI ;4The Tax Administrator told the board that in an effort to do follow -upand collect beer wine and privilege licenses they discovered many businesses inthe county sel I i ng beer and wine without purchasing or renewing the properprivilege license; and in an effort to bring these accounts up -to -date, statementswere mailed to these companies showing the amount of tax owed and amount ofpenalty due He continued many companies paid the total amount due with nocomment; some paid the penalties with objection According to the Tax Administrator, the County Tax Office has never sentnotices to any business for privilege license; it is, by State law, the responsibilityof the owner to come to the Tax Office to purchase the proper license In May1986 for the first time, the Tax Office mailed applications for privilege license This,however, in no way relieves the business owner of his responsibilityM W Stancil, Inc and Ideal Mart, Ideal Stop and Shop, who paid underprotest are asking the Board of Commissioners to be relieved of the penalties andinterestI ;4July 7, 1986 ContinuedThe board discussed this matter at length; discussing the creditabilityof these taxpayers A motion was introduced by Commissioner Frank B Holdingto waive the penalties and interest of these two taxpayers who had requestedrelief; because they had not been notified by the tax office; the motion was secondedby Commissioner James W Cash; however, in further discussion, other board membersdisagreed with the motion because the law does not require proprietors be notifiedto purchase beer and wine license, it is their responsibility; and further if penaltiesand interest to these two taxpayers are to be waived; then the other businessowners that paid penalties and interest with no protest should be re ievedalsoCommissioner Holding withdrew his motion4 Mapping Grant from State - ResolutionUpon a motion by Commissioner John M Booker, duly seconded by Com-missioner Frank B Holding and carried by unanimous vote, the following resolutionwas adoptedRESOLUTION OF THE JOHNSTON COUNTY BOARD OF COMMISSIONERSBE IT RESOLVED, that on the 7th day of July, 1986, the Commission ofJohnston County voted to apply for matching funds under the North Carolina StateLand Records Management Program through its representative, Mr Kramer Jackson,County ManagerNOW THEREFORE, BE IT FURTHER R?SOLVED by the Commissioners of JohnstonCounty that1 They share a willingness to participate in the State Land Recordsprogram2 They have budgeted the necessary funds in the General Fund forFY 1986 -87 to match the grant funds requested3 The first grant requested be in the amount of 40,0004 They will assign said funds to this project5 Upon accepting grant funds made available, all applicable laws willbe complied withAdopted July 7, 19865 Secondary Road Petitions - Add to Systema Upon a motion by Commissioner Janes W Cash, duly seconded by Commis-sioner Howard Benton and carried, a petition to add Fox Ridge Road and DeerfieldDrive in Fox Ridge Subdivision, Clayton Township, to the Secondary Road Systemfor maintenance was approved and the Clerk instructed to forward this petitionto the Department of Transportation, Division of Highwaysb Upona motion by Commissioer JamesW Cash, duly secondedbyFrank B Holdingand carried, a petitionto add FortDrive in AmeliaAcres Sub-division, ClaytonTownship, to the SecondaryRoadSystem for maintenancewasapproved and the Clerk instructed to forwardthispetition to theDepartmentof Transportation,Division of Highwaysand theClerk instructedcUpon a motionby Commissio-erJohn MBooker, duly secondedbyCommissionerHoward Bentonand carried,apetition to add DeerhavenLane andLakeside Drive in Foxfire Subdivision, Section11, SelmaTownship, to theSecondaryRoad Systemfor maintenancewas approvedand theClerk instructedto forwardthis petitionto the Departmentof Transportation,Divisionof Highways6 Appointment - Council on Status ofCommissioner Howard Benton moved that Adelaide B Stephenson be appointedto the Johnston County Council on the Statu of Women for a two year term effectiveJuly, 1986Commissioner James W Cash seconded the motion which carried by unanimousvotei686July 7, 1986 Continued7 Appointments - Emergency Medical Services Council - COGCommissioner Howard Benton moved that Helen Ray be appointed and DeWayneWest be reappointed to the Emergency Medical Services Council - COG for two yearterms These terms expiring June, 1988Commissioner Frank B Holding seconded the motion which carried by unan-imous vote8 Appointment - Johnston County Airport Authorityf Commissioner Howard Benton moved that Barry Hales, Smithfield, be appointedto the Johnston County Airport Authority to fill the unexpired term of Colonel PaulE Johnson, term expiration of February, 1988Commissioner John M Booker seconded the motion which carried by unanimousvote9 Demolition Contract Awarded - Second and Johnston Street PropertyThe County Manager reviewed the following bids received and opened June26, 1986, at 2 oclock pm for the demolition of the service station on North SecondStreet1 McLeod Trucking, Smithfield 7,500002 Lee Roofing Company, Clayton 8,000003 Spears Grading Co, Raleigh- 20,639004 W S Buffaloe Grading Co, Raleigh 6,880005 James Paul Edwards; Smithfield 7,890006 Red Shirley Parrish Landscape , Smithfield 8, 895007 D H Griffin Wrecking, Greensboro 16,90000After discussion of the above bids, Commissioner Frank B Holding movedthe contract for the demolition of the old service station on the corner of N Secondand Johnston Streets, Smithfield, be awarded to W S Buffaloe Grading Company,Raleigh, NC, low bidder, bid price of 6,88000Commissioner John M Booker seconded the motion which carried by unanimousvote10 Report on Johnston County Industries, IncAs requested by the board, the County Manager reported on the operation,funding and activities of Johnston Industries, Inc, a sheltered workshop for handi-capped adults The agencys 86 -87 budget totals 569,998; funded by VocationalRehabilitation,; Mental Health, sub- contracts with industries, schools, county,United Way and Johnston Technical College The agency serves about 100 handicappedr people, paid minimum wages; consideration given to their ability to work Thisagency has a staff of fifteen, including five instructors Since its beginning 22clients have been placed in jobs The board was pleased with this agencys operation1 1 Board Offers Condolence to Family of M H Jack Brock, Commissionerand Manager, Harnett CountyCommissioner Howard Benton moved the Board of County Commissioners offertheir deepest sympathy and condolence to Mrs M H Brock and family in theloss of M H Jack Brock, Commissioner and County Manager, Harnett CountyCommissioner James W Cash seconded the motion which carried by unanimousvote12 Subdivisions - ApprovedUpon the recommendation of the County Planning Board; and upon motionby Commissioner James W Cush, duly seconded by Commissioner Howard Bentonand carried by the following vote;Aye James W Cash, Howard Benton, John M Booker, and Norman CDenningNay None; Abstaining Frank B Holding; the Shadow Lakes Sub -division, Robert Holding 111, owner, located State Road # 1536, Pleasant GroveTownship, 31 lots, Phase I, no restrictions was approved and the Chairman authorizedto execute the platIiIljJuly 7, 1986 ContinuedUpon the recommendation of the County Planning Board, and upon motionby Commissioner Howard Benton, duly seconded by Commissioner James W Cashand carried, the following subdivisions were approved and the Chairman authorizedto execute the platsa Zeb Hill Subdivision, Zeb Hill, owner; located State Road # 1307and 1303; Banner Township, 8 lotsb Martin Ridge - Section III Garland Sherrill, owner; located StateRoads 1546 and State Road 1010 intersection; Cleveland Township,7 lotsc Stephanie Woods, Linwood Byrd, owner, located State Road # 1555;Clayton Township, 10 lots, Phase Id Carl Adams Subdivision, Carl Adams, owner; located off US 70 nearHolts Pond; Boon Hill Township, 7 lotse Margaretta 1I, Walton Parker, owner; located State Road 2141 andUS Highway 301 intersection, Micro Township, 7 lots13 Recreation Grant 1986 -1987 Approved - Wade H Atkinson Memorial Libraryand Community Building - Capital ImprovementsCommissioner Frank B Holding moved the 1986 -87 recreation grant applicationin the amount of 2,000 for Wade H Atkinson Memorial Library and CommunityBuilding for capital improvements to the community building be approvedCommissioner John M Booker seconded the motion which carried14 Funds Approved - Scout Troop 66 - Sign at Public LibraryCommissioner Howard Benton moved to approve a request for 5000 to theSmithfield Girl Scout Troop 66 to assist in a fund raising campaign to place asign in front of the Public Library of Johnston County and SmithfieldCommissioner James W Cash seconded the motion which carried by unanimousvote15 Johnston County Citizens AssociatiDn Seeks Changes in Electoral ProcessMembers of the Johnston County Citizens Association, represented by RobertAnderson, Attorney, met with the boar requesting changes in the electoral processin Johnston Co my for the Board of County Commissioners and Board of EducationMr A derson presented resolutions for increasing opportunities for minoritiesin county -wide elections for the boards considerationIn disThisgroup asked that the number of seats on these boards be increasedtonine; andthat staggeredterms be ended Mr Anderson stated, on behalf oftheJohnstonCounty CitizensAssociation, this group proposes that the systemwenow havesystematicallydenies any black or minority of being elected to acounty -wide ofice; we do notfeel it possible at this time to get a black elected MrAndersonalso commenteddistrict or wards is not the answer because blacksarenot concentratedin any one particular area of the county In disussion,Mr Anderson spoke relativeto putting all five CountyCom-missioner seatEup forelection atone time, sayingit would give a black abetterchance to bealectedThis groupquestioned six year terms of members of theBoardof EducationThe commissionersagreed it wouldbe improper for the BoardofCounty Commissionersto suggestany changes inelecting members to theBoardof EducationRev Franklin Matthews and Scottie Smith spoke asking the board to taketime and consider this issue; to give the blacks more opportunities as they feelthey are not getting their fair share of representation Mr Anderson reminded the board that voter registration is not the problem,as Johnston County has led in black registration for the past three years Heasked that this problem be solved in- house; asking the board to look at the systemin place and see if it can be expanded or changedCommis ioner Holding suggested that staggered terms provide continuityin county government, and he feels there is a purpose in the staggered systemHe asked the County Manager how many counties in North Carolina have ninemembers; the reply was none The Chairman stated in his opinion the morepeople you have on a board, the harder it is to make a decision rwkJuly 7, 1986 ContinuedCommissioner John M Booker responded to increase the number ofcommis-sioners would be deterrent to the county as a whole; its hard enoughto runthe county with five members , if anything, he suggested reducing thenumberon the board Commissioner Booker continued, the real thing we shouldlook atis trying to represent each and every citizen of the county, the issue isnot whois on the board, but whether the interests of each and every citizenis beinglooked after He stated he thinks a minority person can be elected inJohnstonCounty No matter who is running for office, you have to realize whatyou areup against; he continued, white people have remarked they would liketo havea good black candidate running for office Commissioner Booker expressedto thisgroup he understands their flustrations, however, no matter who is serving, aBoard of County Commissioners accepts a lot of responsibility and increasingthenumber is not the answer to the problem, he has -no objection to puttingall fivemembers up for election at one time, but there is merit in the way itis donenow Commissioner Booker reminded the group, this board has an open doorpolicy, anyone can come before this board, or talk to members of the board per-sonally at any time Commissioner Booker feels things are working in therightdirection In closing, he remarked that whatever his decision, it wouldbe forthe benefit of each and every citizen of the countysr -hY-Mr Anderson stated; compromise is a fact of life and we are askingfor a compromise, we wi I I look at your actions, we say a change needsto comeat some point Commissioner Howard Benton said he feels no matter whether blacks orwhites are on the board; good quality decisions will be madeThe board took no action on this request at this time16 Monument Proposed - War VeteransThe County Manager told the board another monument has been proposedto be placed in front of the Courthouse and would list names of all Johnston Countyservicemen who were killed in World War 1, Korean War and Vietnam War Thismonument is proposed at no cost to the county, however,- the group needs permissionfrom the county to proceed with plansThe board made no decision at this time17 School Electrical Inspector ResignsThe Chairman advised the board that Garfield Brown, Electrical Inspectorfor the schools has resigned18 Public Hearing Set for Levy of Extra One -Half Cents_ Sales TaxCommissioner James W Cash moved that a public hearing be set for Monday,August 4, 1986, at 2 oclock pm, Commissioners Room, Johnston County Courthouse,to give the public an opportunity to be heard and present their views to the Boardof County Commissioners for or against the levy of a one -half cent 1 2J supplementallocal government sales and use tax as an added source of revenue for JohnstonCounty and the cities and towns within the countyCommissioner Howard Benton seconded the motion which carried by unanimousvote19 James W Cash Resigns as Social Services Board MemberCommissioner James W Cash asked to be replaced on the Social ServicesBoard He stated he had considered - resigning from this board several months ago,however, decided to stay until the Administrative review was completed by theStateThe Chairman commended Commissioner Cash for his service on this board,you have done an outstanding job and this board hates to see you step down Chairman Denning appointed Commissioner Howard Benton to replace Commis -sioner Cash on the Johnston County Social Services Board20 Extra - territorial Jurisdiction Law RatifiedThe County Manager advised the board the bill allowing towns to extendtheir planning and zoning jurisdiction up to two miles had been ratified by theGeneral Assembly A town will have to get approval from the Board of CountyCommissioners before extending its jurisdiction into the two mile zone{Iij? lJuly 7, 1986 ContinuedAfter discussion of this new law, Commissioner Howard Benton moved thattowns wanting to extend its extra - territorial jurisdiction to two miles be requiredto give the county 30 days noticeCommissioner John M Booker seconded the motion which carried by unanimousvoteUpon a motion by Commissioner John M Booker, duly seconded by Commis-sioner Frank B Holding and carried, the board adjournedr?v CLEleanor N CreechClerk to the BoardNorman C Denning, Chairman