May 6, 1985 - 10:00 AM - County Board of Commissioners Meeting Minutes

Meeting of Board of Commissioners for Johnston County -May 6, 1985The Johnston County Board of Commissioners met in regular session Monday,May 6, 1985, at 10 oclock am, in the Commissioners Room, Johnston CountyCourthouse, 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 businesswas transacted1 MinutesThe minutes of the April 1, and April 4, 1985, bba °rd meetfrrgs artd_a,P_pr vedas recorded2 District Engineer - Department of TransportationWayne Bailey, District Engineer, Department of Transportation, visitedwith the board; and discussed up coming Secondary Road Program3 Proclamation - May Education MonthUpon a motion by Commissioner Frank B Holding, duly seconded byCommissioner Howard Benton and carried by unanimous vote, the following proclamationwas adoptedPROCLAMATIONJohnston Charter ChapterAMERICAN BUSINESS WOMENS ASSOCIATIONSmithfield, North CarolinaIn salute to the more than 1 10, OOa ABWA Members for their supportiveefforts in helping women advance through education and for developing an informedand responsible citizenry, I, Norman Denning, Chairman of the Johnston CountyBoard of Commissioners, Smithfield, North Carolina, proclaim May, 1985 ABWAEDUCATION- MONTH IN JOHNSTON COUNTYIN WITNESS WHEREOF, I have hereunto set my hand and caused the sealof the County of Johnston, to be affixed at Smithfield, this 6th day of May, 1985Norman Denning, ChairmanFrank B HoldingJames CashDr John Booker DVMHoward Benton4 Resolution - -Teacher Appreciation WeekUpon a motion by Commissioner James W Cash, duly seconded by Com-missioner Frank B Holding and carried by unanimous vote, the following resolutionwas adoptedRESOLUTIONTeacher Appreciation Week - May 5 -11, 1985WHEREAS, the existence of a strong effective system of education forall children is essential to our democratic system of government, andWHEREAS, a commitment to quality education requires involvement withand support of educators, parents, students, and the general public; andWHEREAS, educators should be accorded high public esteem reflectingthe value that the community places on education;7I jfa,May 6, 1985 ContinuedNOW, THEREFORE, BE IT RESOLVED that the Johnston County Board ofCommissioners continues its commitment to, involvement in, and support of teachersin education; andBE IT FURTHER RESOLVED that the Johnston County Board of Commissionerscontinues to support efforts to upgrade the quality of school teachers and tostrengthen the respect and support for the teaching profession; andBE IT FURTHER RESOLVED the Johnston County Board of Commissionersjoins the PTA PTO and Board of Education in expressing appreciation to the teachersof the Johnston County Schools for their performance and dedicated service tothe children of their county; andBE IT FURTHER RESOLVED that the Johnston County Board of Commissionersproclaims Teacher Appreciation Week, May 5 -11, in the schools in Johnston CountyNorman C Denning, ChairmanFrank B Holding, Vice ChairmanJames W CashJohn M Booker, DVMHoward Benton5 Proclamation - May Is Mental Health MonthUpon a motion by Commissioner Howard Benton, duly seconded by JamesW Cash and carried by unanimous vote, the following proclamation was adoptedPROCLAMATION FOR MAY IS MENTAL HEALTH MONTHWHEREAS, emotional and mental disorders affect as many people as allother diseases combined with 30J of the nations beds being used for emotionaldisorders; andWHEREAS, mental illness costs society 674 billion each year in medicalcare, lost productivity, and social welfare programs; andWHEREAS, alcohol and drug abuse, child abuse, and suicide rates forteenagers and the elderly are increasing and are major social problems; andWHEREAS, human costs of unmanaged stress and mental illness can bemeasured in physical illness, homicides, suicides, and child and spouse abuse;fifty, percent of the mortality from the 10 leading causes of death can be attributedto behavioral factors including stress; andWHEREAS, sixteen percent of American citizens will need some form ofmental health care in the course of a given year; andWHEREAS, from 13 - 23 of homeless Americans who cannot adequatelymeet their basic needs are seriously mentally disable single adults; andWHEREAS, continued budget reductions are expected in all social servicesprograms; andWHEREAS, two out of three individuals treated for psychiatric problemswi I I improve or recover; andWHEREAS, investment in research into the causes and prevention of mentalillness, and the development of programs to enhance the individuals and familyscoping abilities are an investment in a healthier and more productive communityand nation; andWHEREAS, positive mental health is achievable only through the concertedefforts of the public and private sectors; nowTHEREFORE, we, the Commissioners of Johnston County, do hereby proclaimMay, 195 as MENTAL HEALTH MONTH in Johnston County and commend this observanceto our CitizensNorman C Denning, ChairmanFrank B Holding, Vice ChairmanJames W CashHoward BentonJohn M -Booker, DVMMay 6, 1985 ContinuedAfter much discussion and review, Commissioner Frank B Holding movedthat the Community Based Alternatives Program Budgets for 1985 -86 be approvedas recommended by the Johnston County Youth Task ForceCommissioner James W Cash seconded the motion which was carried byunanimous vote7 Ora Spells Property - Beulah TownshipJohnnie Stott, Tax Administrator -,,met with the board stating that MrsOra Spells is requesting the Board of Commissioners refund to her the price shepaid the county for a lot in Beulah Township on February 2, 1981 450, plusamount of taxes paid since that date 4795, plus interest Mr Stott advisedthe board that the 1983 and 1984 taxes in the amount of 5114 are unpaid atthis time The lot in question that Mrs Spells is concerned with is a lot thatwas foreclosed on by the county in 1949 vs James H Taylor and sold to MrsOra Lee Spells and husband on February 2, 1981; after Mrs Spells made an offerto purchase the lot The deed which was issued clearly states that the propertyin question was the same lot known as Lot No 11 in Block B of the J H KirbyMacedonia Subdivision The deed further states that this subdivision is recordedbut, such plat is not properly indexed in the Johnston County Registry andhas not been found Mrs Spells request is, in her view, simple, she wantsa deed showing the exact metes and bounds of the lot or she wants her moneybank as mentioned aboveThe Tax Administrator says personal investigation a I ong with expertassistance provided by Mrs Bonnie Murphy and the Register of Deeds staff, revealsthat said plat cannot be found, therefore, it is virtually impossible to physicallylocate the lot in question Based on Mrs Spells offer to purchase the propertyin 1981, it is reasonable to conclude that she had knowledge of the location ofthe lot The Tax Administrator says, by this information he cannot recommendthat refund be made If Mrs Spells fails to continue to pay the taxes, the countywill have to foreclose again even though unable to locate this propertyMrs Spells explained she took title to this property because it belongedto a relative However, since the lot can not be identified it is of no valueto her She stated she had made every possible effort to find the property boundariesand had received no cooperation from adjoining property owners or land surveyorsand she was not going to continue paying taxes on something when she donteven know where it isThe board discussed this matter at length with Mrs Spells, the TaxAdministrator and Andy Holland, Tax Attorney Mr Holland told the commissionersthat it was on the face of the deed that this property had not been found Theboard explained to Mrs Spells they w i l l make every effort to help her determinewhere this property is located and instructed the County Manager and Tax Adminis-trator to work with attorneys and surveyors again to see if this lot can be identi-fied8 Wastewater Treatment Plant - Odor ComplaintC D Malone, Hydro Management, and Haywood Phthisic, Manager, JohnstonCounty Wastewater Treatment Plant, met with the board, about complaints receivedI06kkfi16 Community Based Alternative Funds Budgets ApprovedJerry Wilson, Chairman, Johnston County Youth Task Force, met withthe board to review and seek approval of Community Based Alternative Programbudgets for 1985 -86 Mr Wilson explained these funds are appropriated by theNorth Carolina Department of Human Resources, Division of Youth Services, Stateand Federal for programs to deal with the training and needs of juvenile de-linquency He further explained each program thoroughly; with fund appropriationsas recommended by the Youth Task Force Committee as _follows;A Friends of Distinction - administered by Carolyn Ennis, PublicInstruction; 2,000 teenage club type activity; field trips etciB Secrets - administered by Jennifer Foy; Alcohol and Drug Educationfor 5th graders; 8,000C Prevention Alternatives for Youth - administered by Mental Healthand Schools; program for emotionally handicapped children;28,570D Special ized Foster Home Program - administered by Departmentof Social Services; Foster Homes for Problem Children; 30, 912 After much discussion and review, Commissioner Frank B Holding movedthat the Community Based Alternatives Program Budgets for 1985 -86 be approvedas recommended by the Johnston County Youth Task ForceCommissioner James W Cash seconded the motion which was carried byunanimous vote7 Ora Spells Property - Beulah TownshipJohnnie Stott, Tax Administrator -,,met with the board stating that MrsOra Spells is requesting the Board of Commissioners refund to her the price shepaid the county for a lot in Beulah Township on February 2, 1981 450, plusamount of taxes paid since that date 4795, plus interest Mr Stott advisedthe board that the 1983 and 1984 taxes in the amount of 5114 are unpaid atthis time The lot in question that Mrs Spells is concerned with is a lot thatwas foreclosed on by the county in 1949 vs James H Taylor and sold to MrsOra Lee Spells and husband on February 2, 1981; after Mrs Spells made an offerto purchase the lot The deed which was issued clearly states that the propertyin question was the same lot known as Lot No 11 in Block B of the J H KirbyMacedonia Subdivision The deed further states that this subdivision is recordedbut, such plat is not properly indexed in the Johnston County Registry andhas not been found Mrs Spells request is, in her view, simple, she wantsa deed showing the exact metes and bounds of the lot or she wants her moneybank as mentioned aboveThe Tax Administrator says personal investigation a I ong with expertassistance provided by Mrs Bonnie Murphy and the Register of Deeds staff, revealsthat said plat cannot be found, therefore, it is virtually impossible to physicallylocate the lot in question Based on Mrs Spells offer to purchase the propertyin 1981, it is reasonable to conclude that she had knowledge of the location ofthe lot The Tax Administrator says, by this information he cannot recommendthat refund be made If Mrs Spells fails to continue to pay the taxes, the countywill have to foreclose again even though unable to locate this propertyMrs Spells explained she took title to this property because it belongedto a relative However, since the lot can not be identified it is of no valueto her She stated she had made every possible effort to find the property boundariesand had received no cooperation from adjoining property owners or land surveyorsand she was not going to continue paying taxes on something when she donteven know where it isThe board discussed this matter at length with Mrs Spells, the TaxAdministrator and Andy Holland, Tax Attorney Mr Holland told the commissionersthat it was on the face of the deed that this property had not been found Theboard explained to Mrs Spells they w i l l make every effort to help her determinewhere this property is located and instructed the County Manager and Tax Adminis-trator to work with attorneys and surveyors again to see if this lot can be identi-fied8 Wastewater Treatment Plant - Odor ComplaintC D Malone, Hydro Management, and Haywood Phthisic, Manager, JohnstonCounty Wastewater Treatment Plant, met with the board, about complaints receivedI06kkfi1May 6, 1985 Continuedfrom South Smithfield residents of an odor in their neighborhood which theythink is coming from the Wastewater Treatment Plant Mr Malone and Mr Phthisictold the board they had met with these concerned citizens explaining what theydo in the treating of wastewater They have also invited them to come to theplant to observe Mr Malone told the commissioners that Johnston Countys WastewaterTreatment Facility is being operated as one of the highest efficiency plantsin the state He further explained to the board they w i l l use more lime i n thefuture to eliminate any possibility of odor from the plant9 Subdivisions Approveda Blount Creek Subdivision Upon the recommendation of the CountyPlanning Board, and upon motion byCommissioner FrankB Holding, duly secondedby Commissioner HowardBenton andcarried, the BlountCreek Estates Subdivision,Lanny Clifton, owner,located SR1514 at intersectionwith SR 1330, ClevelandTownship, 14 lots, finalphase, withno restrictions, wasapproved and the Chairmanauthorized to execute theplatcLynnfieldb C LByrd Subdivision Upon the recommendation of the CountyPlanning Board, andupon motion by Commissioner Howard Benton, duly secondedby Commissioner JamesW Cash and carried, the C L Byrd Subdivision, CL Byrd, owner, located both sides of SR 1311 dirt road, Pleasant Grove Township,10 lots, finalphase,restrictions; subject to 10 foot drainage easement beingshown on platand subject to note being placed on plat that pumps will be requiredwith septicank systemon Lots #6 and #10, was approved and the Chairman authorizedto execute theplatthe Hunters RuncLynnfieldVillage - Section II Subdivision Upon the recommendationof the CountyPlanningBoard, and upon motion by Commissioner Frank B Holding,duly secondd by Commissioner John M Booker and carried, the Lynnfield VillageSubdivision- Section 11,Linwood Byrd, owner, located SR 1010 Northwest of inter-section withSR 1547;Cleveland Township; 7 lots #8 through #19, final phase,restrictions;subject to 10 foot drainage easement being shown on side of lot# 13, was aproved andthe Chairman authorized to execute the platdHunters Run Subdivision- PhaseII Uponthe recommendationof the CounyPlanning Board, and uponmotion byCommissionerFrank, B Holding,duly secondedby Commissioner John MBookerand carried,the Hunters RunSubdivision - Phase 1I, Rebecca Flowers Finch, owner, located SR 1905 off SR1003, Wi Iders Township, 6 lots #21 through #26, final phase, with no restrictions,was approve and the Chairman authorized to execute the plate River Dell Chase Subdivision - Phase II Upon the recommendationof the County Planning Board, and upon, motion by Commissioner James W Cash,duly seconded by Commissioner Howard Benton and carried, the River Dell ChaseSubdivision - Phase 1I, Rebecca Flowers owner, located SR 1735, WildersTownship, 9 lots #10 through #13 and #14 through #18 final phase, restrictions;subject to the following two conditions; 1 a 10 foot easement being shown betweenlots #9 and #10; and 2 a note being p,laced on the plat that lots #11 and #12will need pumps, was approved and the Chairman authorized to execute the platf Clydes Chapel Estates Subdivision Section II Upon the recom-mendation of the County Planning Board, and upon motion by Commissioner FrankB Holding, duly seconded by Commissioner James W Cash and carried, the ClydesChapel Estates Subdivision - Section 1I, Paul White, owner, located SR # 1717off SR # 1003, Wilders Township, 6 lots #14 through #19, final phase, restrictions;subject to the following three conditions; 1 a 10 foot drainage easement beingshown on front property lines; 2 a note on plat that lots #14 through #18 wi I Ineed pumps; and 3 a note on plat that lots #11, #12, and #13 will be approvedby Wake County, was approved and the Chairman authorized to execute the platg Addition to Kenneth Aycock Subdivision Upon the recommendationof the County Planning Board, and upon motion by Commissioner Frank B Holding,duly seconded by Commissioner John M Booker and carried, the Addition to KennethAycock Subdivision, Franklin Price and L Austin Stevens, owners, located SR2354 near Hickory Cross, Beulah Township, 2 lots #9 and #10A, final phase,with no restrictions, was approved and the Chairman authorized to execute theplath Oak Ridge Subdivision - Section If Upon the recommendation ofthe County Planning Board, and upon ;motion by Commissioner Howard Benton,duly seconded by Frank B Holding and carried, the Oak Ridge SubdivisionSection 1 1 , Nancy Clifton, owner, located NC 50 North of SR 1533 before MiddleCreek, Pleasant Grove Township, 13 lots #8 through #20, final phase, withno restrictions, was approved and the Chairman authorized to execute the platiI044May 6, 1985 Continuedi Joseph Harold Jeffreys Subdivision Upon the recommendation of the CountyPlanning Board, and upon motion by Commissioner John M Booker, duly secondedby Commissioner Frank B Holding and carried, the Joseph Harold Jeffreys Subdivision,Joseph Harold Jeffreys, owner, located SR 1720, Wilders Township, 2 lot additionto 2 existing lots, final phase, restrictions; subject to a 20 foot drainage easementbeing shown along the lot line between lots #3 and #4, was approved and theChairman authorized to execute the platj White Oak Ridge Subdivision - Section II Upon the recommendation oftheCounty Planning Board, andupon motion by Commissioner HowardBenton,dulyseconded by Commissioner JohnM Booker and carried, the White Oak RidgeSub-division - Section 11, Wi I I isUnstead, owner, located intersection ofSR 1550andSR 1611, Clayton Township,6 dots #4 through #9, final phase,restrictions;subject to the old road easementshown on the plat being movedfrom theplatby the proper procedures beforethe plat is recorded, was approved andthe Chairmanauthorized to execute the platThe County Commissioners noticing the restrictions placed on many sub-division plats were very concerned about the protection of the prospective buyer;that the buyer should have knowledge that Tots have restrictions The Commissionerssuggested that the County Planner could discuss this matter with the County BarAssociation to see what suggestions the attorneys might have10 Transfer of Cable TV FranchiseSecond time before board for approval - reference April 1, 1985; page514 Commissioner James W Cash moved that Johnston County transfer the existingcable television franchise granted to Kountry Kable of Johnston County, Incorporated,on May 12, 1982, to Cable Franchise, Incorporated, subject to receipt of writtenacceptance from- Cable Franchise, Incorporated, accepting all conditions of theJohnston County Cable Television OrdinanceCommissioner Howard Benton seconded the motion which was carried byunanimous vote1 1 Alert Cable TV - Request for Rate IncreaseAlert Cable TV of North Carolina, Inc, advised that in order to continueto meet the needs and demands of their service area it is necessary for themto increase their basic service rates by 5 effective June 1, 1985After discussion, the board agreed to defer action on this matter untilthe June, 1985, board meetingNote New rate for basic service 840 per month12 Cab -Over Truck Chassis - Contract AwardedThe following bids were received and opened for a new cab -over truckchassis for mounting a t i l t frame assembly for the county landfill;a Carolina Mack Sales Mack 57,568b Sanco Corporation Mack 61,315c Tractor, Trailer, Truck Parts White 54, 181d Triple T -Parts White 529200After discussion and upon recommendations of the County Planner andLandfill Supervisor, Commissioner Frank B Holding moved the contract for anew cab -over truck chassis for mounting a tilt frame assembly be awarded toCarolina Mack Sales at the bid price of 57,568 This contract awarded to CarolinaMack Sales for a Mack truck based on past experience, performance, and qualityalong with the preferred three year 300,000 miles warranty on engine, transmission,and rear carriers with 100 parts and laborCommissioner Howard Benton seconded the motion which was carried byunanimous vote13 Tilt Frame Assembly - Contract AwardedThe following bids were received and opened for a tilt frame assemblyfor the County Landfill;Kabco, Inc, Raleigh 14,18000Suburban Sanitation 14968877Sanco Corporation 16,49600After discussion and upon the recommendation of the County Plannerand Landfill Supervisor, Commissioner Howard Benton moved the contract for at i l t frame assembly be awarded to Kabco, Incorporated, Raleigh, NC, the lowf bidder, at a bid price of 14,18000}}Ifiij5May 6, 1985 ContinuedCommissioner James W Cash seconded the motion which was carried byunanimous vote14 Mental Health Employee Extension of EmploymentUpon the recommendation of J Daniel Searcy, Area Mental Health Director,Commissioner Frank B Holding moved that Wallace Elmer Tyner, age 70, employedat the Mental Health Center as a Human Resources Aide van driver on July2, 1981, be allowed to stay in his position for another yearCommissioner John M Booker seconded the motion which was carriedby unanimous voteAction in accordance with Johnston County Personnel Pol icies Article1I I, Section 1315 Town of Clayton - Planning and Zoning Board - AppointmentCommissioner James W Cash moved that Jodie Wheeler, Highway 70 East,Clayton, be appointed to serve as an out -of -town member on the Planning andZoning Board for the Town of ClaytonCommissioner Frank B Holding seconded the motion which was carried16 Appointments - Capital Health Systems AgencyUpon a motion by Commissioner Frank B Holding, duly seconded byCommissioner John M Booker and carried by unanimous vote; the following appoint-ments were made to the Capital Health Systems Agency Board of DirectorsSarah Ann Sasser - Expiration Date of March 31, 1987; Hilda B Rowe- Expiration Date of April 1, 1988; and Leon Whitehurst - ExpirationDate of March 31 , 198617 Deed of Easement Granted - To Town of SmithfieldUpon a motion by Commissioner John M Booker, duly seconded by Com-missioner Frank B Holding and carried, the following Deed of Easement was approvedand the Chairman was authorized to execute this easementNORTH CAROLINAJOHNSTON COUNTYTHIS DEED OF EASEMENT, made this 6th day of May, 1985, by and betweenCOUNTY OF JOHNSTON, a governmental body of North Carolina, party of the firstpart, and the TOWN OF SMITHFIELD, a municipal corporation of Johnston County,North Carolina, party of the second part;W I T N E S S E T HTHAT WHEREAS, the said party of the first is the owner of a certaintract of land in Selma Township, Johnston County, North Carolina; andTHAT WHEREAS, said party of the second part desires an easement acrossits land for the purpose of installing and maintaining thereon a sanitary sewerline; andTHAT WHEREAS, it is necessary that in so doing it w i l l lay a pipelineacross said lands of the party of the first partNOW, THEREFORE, said party of the first part, for and in considerationof the sum of 1000 and other valuable considerations, in hand paid by theparty of the second part, does give, grant, and convey to the party of the secondpart, its successors and assigns, an easement across its lands as herein describedto construct, maintain, inspect, operate, repair, replace, change in size of,or remove a pipeline and necessary appurtenance for the transportation of water,sewer, and drainage which may be transported through a pipeline, together withthe right of ingress and egress to and from the same for the purpose aforesaid,and to maintain and operate said line for the purposes aforesaid, over, through,and across said lands of the party of the first part hereinafter referred to,over which the party of the first part warrants that it is the owner in fee simple,said lands being situated in Selma Township, Johnston County, North Carolina,and said easement more particularly described as set forth on Exhibit All attachedhereto and incorporated herein as if fully set forth herein for reference purposeM524May 6, 1985 ContinuedTO HAVE AND TO HOLD, said right of way and easement to it, the saidparty of the second part, its successors and assigns, continuously and perpetuallyIT IS AGREED that the pipeline to be Laid under this easement shallbe constructed at sufficient depth below the surface of the ground to permit normalcultivation or normal use of the land, and the party of the first part shall havethe right to fully use and enjoy the above described premises, subject to therights herein grantedIN TESTIMONY WHEREOF, said party of the first part has hereunto sether hand and seal the day and year first above writtenCOUNTY OF JOHNSTONBY Norman C DenningChairman of the BoardAttested- ByEleanor N Creech, Clerk18 Board of Education Sale of Surplus LotCommissioner Howard Benton moved that the county reject the offer fromthe Johnston County Board of Education for a strip of land 50 feet wide and extendingin depth to the rear boundary of Meadow Fire Departments land approximately150 feetCommissioner James W Cash seconded the motion which was carried byunanimous voteThe party of thesecond part shall have the right toclearand keepthen owners anyclear all trees, or otherobstructions, from the herein Rr ntedrightof way,said premisesand the party of the firstpart, its heirs and assigns, agree?to buildorconstructsaid damages,any building or other structures on the herein granted right ofwaythat willbyinterfere with the normaloperation and maintenance of said lineor lines hereinwhich is toreferred toby the partiesofthe first part,IN TESTIMONY WHEREOF, said party of the first part has hereunto sether hand and seal the day and year first above writtenCOUNTY OF JOHNSTONBY Norman C DenningChairman of the BoardAttested- ByEleanor N Creech, Clerk18 Board of Education Sale of Surplus LotCommissioner Howard Benton moved that the county reject the offer fromthe Johnston County Board of Education for a strip of land 50 feet wide and extendingin depth to the rear boundary of Meadow Fire Departments land approximately150 feetCommissioner James W Cash seconded the motion which was carried byunanimous voteThe party ofthe secondpart agreesto pay to thethen owners anyandall damages to crops, timber,fences or other improvements,onsaid premisesthatmay arise out ofthe exerciseof the rights herein granted,said damages,if not mutually agreedupon, to be ascertainedand determinedbythree disinter-estedpersons, one ofwhich is tobe appointedby the partiesofthe first part,oneby the party ofthe secondpart, and thethird by thetwoso appointed,andthe written award ofsuch threeshall be finaland conclusiveIN TESTIMONY WHEREOF, said party of the first part has hereunto sether hand and seal the day and year first above writtenCOUNTY OF JOHNSTONBY Norman C DenningChairman of the BoardAttested- ByEleanor N Creech, Clerk18 Board of Education Sale of Surplus LotCommissioner Howard Benton moved that the county reject the offer fromthe Johnston County Board of Education for a strip of land 50 feet wide and extendingin depth to the rear boundary of Meadow Fire Departments land approximately150 feetCommissioner James W Cash seconded the motion which was carried byunanimous voteClayton 69 per 1,000Selma 67 per 1,000Micro 64 per 1,000Kenly 64 per 1,000Pine Level -0-Four Oaks 74 per 1,000West Smithfield 60 per 1,000Smithfield 75 per 1,000after first 3,000 at 250The new wholesale rate will have 1350 per 1,000 added for all usersother than Smithfield The Town of Smithfield will pay a surcharge of 47¢ per1,000In discussion of the water rate surcharge, the board asked the CountyManager to advise the towns that the county proposes to take action next monthto give the towns an opportunity to voice their opinion on these ratesf I19Water Rate SurchargeThe County Manager asked the board to consider implementinga waterusersurcharge to be effective July 1, 1985 Headvised the surchargew i l l add1350per 1,000 gallons to all bulk users of waterpurchased through theSmithfieldWaterTreatment Plant and that the board mustalso set the bulk rateprior toJuly1, 1985, for all outside Smithfield usersThe County Managerpresentedbulkrates as followsClayton 69 per 1,000Selma 67 per 1,000Micro 64 per 1,000Kenly 64 per 1,000Pine Level -0-Four Oaks 74 per 1,000West Smithfield 60 per 1,000Smithfield 75 per 1,000after first 3,000 at 250The new wholesale rate will have 1350 per 1,000 added for all usersother than Smithfield The Town of Smithfield will pay a surcharge of 47¢ per1,000In discussion of the water rate surcharge, the board asked the CountyManager to advise the towns that the county proposes to take action next monthto give the towns an opportunity to voice their opinion on these ratesf IMay 6, 1985 Continued20 Road Petition for Paving - S R # 1160After readvert i semen t for bids for rehabilitation of the Neuse River andBuffalo Creek Sanitary Sewer Interceptors, only one bid was received from W EBlackmon Construction Company, in the amount of 64,24000 It was explainedto the board the amount exceeded the estimated budgeted amount of 30,000 Byauthorization, Ragsdale Engineers negotiated with W E Blackmon ConstructionCompany and worked out unit prices for various items of work and or hourly basisfor labor and equipment, plus materials The engineers recommend proceeding withthis project on the basis of the negotiated pricesAfter discussion of the above negotiations, Commissioner Frank B Holdingmoved the contract for rehabilitation of the Neuse River and Buffalo Creek SanitarySewer Interceptors be awarded to W E Blackmon Construction Company, basedon negotiated price per unit item of work and or hourly basis for labor and equipment,pllus materials; and based on setting priorities on the work items to be performed;cost not to exceed the budgeted amount of 30,000Commissioner Howard Benton seconded the motion which was carried byunanimous voteCommissioner Frank B Holdingmoved the roadpetition for paving ofthe board seeking suitableSecondary Road # 1160priority # 16,presented by Larry Parker, Route # 1,the boardFour Oaks, be forwardedto the North Carolina Departmentof Transportation Com-Johnstonmissioner Holding furthermoved that thispetition be givenevery possible consider-board I dont like land zoningation for pavingis available to pay thebut we need planned growth; growth we canbe proud of He says his communityof theCommissioner Howard Benton seconded the motionwhich was carried byand they are growing by leaps andunanimous votebounds ;trailer parks are being built; buMot well planned and this takes awayto look into this requestfrom well21 Contract Awarded- Sanitary SewerInterceptors - WE BlackmonAfter readvert i semen t for bids for rehabilitation of the Neuse River andBuffalo Creek Sanitary Sewer Interceptors, only one bid was received from W EBlackmon Construction Company, in the amount of 64,24000 It was explainedto the board the amount exceeded the estimated budgeted amount of 30,000 Byauthorization, Ragsdale Engineers negotiated with W E Blackmon ConstructionCompany and worked out unit prices for various items of work and or hourly basisfor labor and equipment, plus materials The engineers recommend proceeding withthis project on the basis of the negotiated pricesAfter discussion of the above negotiations, Commissioner Frank B Holdingmoved the contract for rehabilitation of the Neuse River and Buffalo Creek SanitarySewer Interceptors be awarded to W E Blackmon Construction Company, basedon negotiated price per unit item of work and or hourly basis for labor and equipment,pllus materials; and based on setting priorities on the work items to be performed;cost not to exceed the budgeted amount of 30,000Commissioner Howard Benton seconded the motion which was carried byunanimous vote23 Farmers Home Administration - Office SpaceOtt i s Ross,22Land Use Planning - J T Smith - Archer Lodge CommunitySmithfield, met withthe board seeking suitableJ T Smith of the Archer LodgeCommunity, W i I ders Township, met withRoss explained thatthe boardexpressing much concern aboutdevelopment and growth in northwesterncapped; also they haveJohnstonCounty Mr Smith says much ofit is growth in a haphazard way HeMr Ross said theytold theboard I dont like land zoningany more than you do, we need growth;is available to pay thebut we need planned growth; growth we canbe proud of He says his communityof theis just15 minutes from downtown Raleighand they are growing by leaps andbounds ;trailer parks are being built; buMot well planned and this takes awayto look into this requestfrom wellcaredfor adjoining property MrSmith asked the board to considerland use planning for the western partof Johnston County near Wake CountyIn discussion, the board advisedMr Smith that a committee had beenabpointedto study land use planning inthis area of the county; and furtherthatthiscommittee would be looking intothis matter and making recommendationstbthe Board of County Commissioners23 Farmers Home Administration - Office SpaceOtt i s Ross,Supervisor with the Farmers Home AdministrationOffice i-nSmithfield, met withthe board seeking suitableoffice space for theFHA MrRoss explained thatthe office space they nowoccupy is not equipped forthe handi-capped; also they havewater problems whichwill damage their computerequipmentMr Ross said theyneed approximately 1200to 1400 square feet andthat moneyis available to pay thecounty rent This officeis now located in the basementof theFederal BuildingThe boardasked the County Managerto look into this requestand reportback to the board assoon as possible24 Fire Marshal Employed R A JacksonCommissioner Frank B Holding moved that R A Jackson of Four Oaks be appointedas the County Fire Marshal, replacing M J Oliver who has retiredCommissioner John M Booker seconded the motion which was carried byunanimous vote25 Paving Resolution - Lakeside Drive and Woodcrest Lane SR 1764 andSR 1765 - GS 153A- 205bNORTH CAROLINAJOHNSTON COUNTYUpon mot i on of Commissioner James W Cash, seconded by CommissionerFrank B Holding, the following resolution was adopted by the Johnston CountyBoard of CommissionersMay 6, 1985 ContinuedWHEREAS, a petition complying with North Carolina General Statutes 153A -205b has been received from owners of land fronting on State Road 1764 and StateRoad 1765 Lakeside Drive and Woodcrest Lane near Town of Clayton; andWHEREAS, a preliminary determination has been made that the streets,roads, or rights of way, set out above, are without paving, and that publicinterest requires that asphalt paving be made available on the streets, roads,or rights of way, within the limits set out, and that abutting property will bebenefitted to the extent of the part of the cost thereof to be assessed againstsuch abutting property; andWHEREAS, the local improvementss proposed to be made on the streets,roads, or rights of way, hereinabove set out are as followsASPHALT PAVING IMPROVEMENTS That asphalt paving be installed bythe North Carolina Department of Transportation on the streets, roads, or rightsof way, hereinabove named within the limits defined; andWHEREAS, if the local improvements are ordered made by the North CarolinaDepartment of Transportation, the County of Johnston shall remit to the NorthCarolina Department of Transportation the proportion of the cost thereof representingthe total share as required by policies of the North Carolina Department of Trans-portations Secondary Road Council; andWHEREAS, the County of Johnston shat I then cause the proportion of thecost thereof to be specially assessed and the terms of payment will be as followsa the cost of not exceeding the local share of cost as required bypolicies of the North Carolina Department of Transportations Secondary RoadCounci l for asphalt paving as lie within the streets, roads, or rights of way,hereinabove proposed to be improved, will be assessed asgainst the propertyto be assessed against the lots and tracts of land abutting on the streets, roads,rights of way, according to their respective frontages thereon by an equal rateper foot of such frontageb Terms of Payment the assessments will be payable in three equalinstallments, which installments will bear interest at the rate of eight percent8 per annum from date of confirmation of the assessment roll; provided thatany such assessment may be paid in full in cash without the addition of interestwithin thirty 30 days from date of publication of notice of the confirmationof the assessment rollNOW, THEREFORE, BE IT RESOLVED a that a public hearing will beheld by the Johnston County Board of Commissioners, at Smithfield, NC, on MondayJune 3, 1985, at 1000 oclock am, in the Commissioners Room in the JohnstonCounty Courthouse, Smithfield, North Carolina, to determine finally whether theassistance in financing the road improvements shall be madeb that all objections to the legality of the making of the improvementsshall be made in writing, signed in person or by an attorney, and filed withthe Clerk to the Board at or before the time of the public hearing Any suchobjections not so made wi I I be waived26 1 Textiles and Apparel Trade Enforcement Act of 1985Tom Humphrey, Plant Manager, Burlington Industries, Smithfield, NC,asked the County Board of Commissioners to support a bill before Congress thatwould bring some balance and fairness to the textile and apparel industry tradeproblemAfter discussion, Commissioner Frank B Holding moved the Board ofCommissioners go on record as supporting the Textiles and Apparel EnforcementAct of 1985 ; and that this action be forwarded to our representatives in CongressCommissioner James W Cash seconded the motion which was carried byunanimous vote27 Emergency Number Labels Signs for Fire DepartmentsThe board instructed the County Manager to order emergency numberlabels to be distributed throughout the county; and metal signs for fire departments;and No Parking1° signs for the fire departments 12May 6, 1985 Continued28 Board of Commissioners - Hospital Trustees and State Legislators to MeetThe Board of County Commissioners agreed to meet with the HospitalBoard of Trustees and State Legislators Tuesday, May 14, 1985, at 730 pmat Johnston Memorial Hospital This meeting was called at the request of theHospital Executive Vice President to review the issue of indigent medical careat Johnston Memorial Hospital; specifically three areas of concern the MentalHealth Center; the Emergency Room; and the Obstetrical Unit29 Building Committee ReportKramer Jackson, County Manager, Commissioners James W Cash and FrankB Holding, Building Committee for the New Cou thouse Annex Jail; reportedthey had met with the architect and reviewed the preliminary plans for the newbuilding Commissioner Frank B Holding suggested hat at least 15 parking spacesare needed under the new buildingUpon a motion by Commissioner Frank Holding, duly seconded byCommissioner John M Booker and carried, the board recessed to meet again Tuesday,May 14, 1985, at 730 pm at Johnston Memorial HospitalEleanor N CreechClerk to the Board