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

Meeting of Board of Commissioners for Johnston CountyFebruary 6, 1984The Johnston County Board of Commissioners met in regular session Monday,February 6, 1984, at 10 oclock am, in the Commissioners Room of the JohnstonCounty Courthouse, Smithfield, North Carolina, with the following members presentNorman C Denning, Chairman, Frank B Holding, Vice Chairman, JamesW Cash, John M Booker, DVM, and Howard BentonMembers Absent NoneThe Chairman called the meeting to order, and the following businesswas transacted1 MinutesThe minutes of the January 3, 1984, board meeting stand approved asrecorded2 Produce Market ProposalI Bruce Woodard, County Extension Chairman, met with the board and askedthe county to appropriate 5,000 to employ a manager for one year on a pilotbasis for the Johnston County Produce Market for the selling season Mr Woodardpointed out the Produce Market has not grown as it should and the market needsmanagement Mr Woodard also asked the board to consider 1,000 for miscellaneousexpenses such as utilities until such time as the market can meet these expensesMr Woodard explained this proposal represents an effort to determine if the ProduceiMarket can be operated successfully with proper managementThe board discussed this matter and agreed to take the request underadvisement3 Landfill Timber RemovalKramer Jackson,County Manager,told the boardthat approximately 20acres 100,000 board feetof timber needsto be removedat the county landfillin order to clear a sitefor a new disposal area It wasrecommended the boardauthorize the county manager to solicit sealedbids on this timberCommissioner Frank B Holding movedthat the countymanager be authorizedto solicit sealed bids onapproximately 20acres 100,000board feet of timberat the landfillaccess bemoved to a side roadfrom 301 adjacent to Jones BrothersCommissioner John M Booker seconded the motion which was carried4 Bulk Container Site - Jones Brothers 301 HighwayThe county manager reported that according to ,theNorth CarolinaDepartmentof Transportation the widening of 301 highway between Smithfieldand Selmashouldbegin by January I,1985, with the possibility of workbeginning asearly asOctober, 1984 Themanager further explained this workw i l l prohibitaccess tothe bulk containersite located next to Jones Brothersfor some time,accordingto highway officialsIt was suggested that the site beclosed or thataccess bemoved to a side roadfrom 301 adjacent to Jones BrothersThe boardasked the county manager to workwith the Department ofTransportation in aneffort to making a change in theapproach to thecontainersite5 Tax Refunds and Releasesa Carolina Timber Management - Johnnie Stott, Tax Administrator, reportedto the board that Fred Nash had paid a balance due on 1978 taxes in the amountof 2,80123 in the name of Carolina Timber Management He explained that 30876of this amount was for certification fees to Pender County The Tax Administratorrecommended that 30876 be refunded as Johnston County had collected the taxesBased upon the recommendation of the Tax Administrator, CommissionerFrank B Holding moved that Fred Nash, Carolina Timber Management, be refunded30876Commissioner John M Booker seconded the motion which was carriedVIiIIiI?Iiiisi383February 6, 1984, Continuedb Systems Control, Inc - The Tax Administrator reported that SystemsControl, Inc, had requested a refund of 1,55356 for overpayment of taxes forthe years 1979, 1980, and 1981, and a release of 38717 off taxes due for 1982He explained this property was double listed for the above years The Tax Ad-ministrator recommended that since NC General Statutes allows for correctionof such errors for current year plus three most recent years, that 1982 taxesbe released in the amount of 38717, and a refund for 1981 and 1980 in the totalamount of 98882 be granted The Tax Administrator explained that 1979 is beyondthe three year limitationBased upon the recommendation of the Tax Administrator, CommissionerHoward Benton moved that Systems Control, Inc, be released of 38717 for 1982taxes and refunded in the amount of 98882 for 1980 and 1981 taxesCommissioner James W Cash seconded the motion which was carriedc Smithfield SportingGoods, Inc- The Tax Administrator explainedthat Smithfield Sporting Goods,Inc, had requested a releaseof 1979 and 1980taxes in the amount of 1,51510,as theyhad a bankruptcysale during lateJanuary or early February of1982 JohnstonCounty received nofunds from thisbankruptcy sale, legal opinion isthat this billis not collectable atthis timeAfter discussion of the above request from Smithfield Sporting Goods,Inc, the- board referred this matter to the County Attorney to determine if thefirms owner might have some responsibility for the unpaid taxesd Smithfield Wholesale Builders - The Tax _ Administrator explainedthat Smithfield Wholesale Builders has requested a refund in the amount of 34398for payment credited to the wrong account through information from the attorneyThe Tax Administrator recommended that this refund be made as it representsan overpayment of taxesBased upon the recommendation, Commissioner James W Cash moved thatSmithfield Wholesale Builders be refunded in the amount of 34398 due to anoverpaymentCommissioner Frank B Holding seconded the motion which was carriede Tax Collections report for the month of January, 19846 Industrial Revenue Bonds - Public Hearing - Fieldcrest Mills, IncCommissioner Norman C Denning introduced the following resolution thetitle of which was readRESOLUTION ON PROCEDURE FOR HOLDING PUBLIC HEARINGSON INDUSTRIAL REVENUE BONDSWHEREAS The Johnston County Industrial Facilities and Pollution ControlFinancing Authority the Authority has been created by this Board under theNorth Carolina Industrial and Pollution Control Facilities Financing Act the Actto issue industrial revenue bonds to finance industrial and other projects qualifyingunder the Act; andWHEREAS Such bonds are intended to be industrial development bondsunder Section 103b of the Internal Revenue Code of 1954, as amended the Code;andWHEREAS Section 103x of the Code, added by the Tax Equity and FiscalResponsibility Act of 1982, requires that for all industrial development bondsissued after December 31, 1982, one or more public approvals be obtained aftera public hearing is held; andWHEREAS Such section requires that approval be obtained from the govern-mental unit having jurisdiction over the area in which the project financed withthe bonds is located; andWHEREAS New Rules and Procedures of the North Carolina Departmentof Commerce require that the governing body of a county approve in principlethe project to be financed and the issuance of the bonds after a public hearing;andWHEREAS Under GS 159C -4 no such bonds may be issued unless approvedby the governing body of a county;NOW, THEREFORE, the Board of Commissioners of Johnston County, meetingin regular session at Smithfield, North Carolina, on February 6, 1984, do thefollowingBE IT RESOLVED BY THE BOARD OF COMMISSIONERS FOR THE COUNTY OFJOHNSTONI In accordance with Section 103kof the Code and the Rules and Proceduresof the North Carolina Departmentof Commerce, this Board may holdpublic hearingswith respect to projects financedand bondsissued under the Act inJohnston County2 Such hearings may beheld asa part of any regulr or special meetingof this Board or in a proceedingwhich does not constitute a meeting of this boardIf such hearing is not a part ofa meetingof this Board, at leastone Commissionermust attend and the presiding officer atthe hearing who shallbe one of theCommissioners present shall filea writtenreport on such hearingwith this Boardcontaining a list of names andaddressesof persons who madecomments at thehearing and a summary of such commentsopen for inspection at the office of the County Manager, during business hours3 Upon arequest bythe Chairmanor Vice Chairman of the Authority,the County Manageror the CountyAttorney whichrequest may be oral orin writing,the Clerk to thisBoard shallcause notice,in substantially the form set forthbelow, of a publichearing tobe published in the Smithfield Herald,or in someother newspaper ofgeneral circulationin Johnston County No furtheraction shallbe necessary to havea publichearing and no action by this Boardwith respectto the public hearing shall be necessary until itis heldof the bonds or the location or nature of the proposed project may appear andNOTICE OF PUBLIC HEARING ON PROPOSEDINDUSTRIAL REVENUE BOND FINANCING BY THEJOHNSTON COUNTY INDUSTRIAL FACILITIES ANDPOLLUTION CONTROL FINANCING AUTHORITYThe Authority intends to submit an application for approval of the projectto the Secretary of the North Carolina Department of Commerce If any memberof the general public desires to make comments in writing on the proposed issuanceof bonds for the project, you may do so, within fourteen 14 days after the datehereof, by addressing such comments to Johnston County Board of Commissioners,County Courthouse, Smithfield, North Carolina 27577; and The Johnston CountyIndustrial Facilities and Pollution Control Financing Authority, County Courthouse,Smithfield, North Carolina 27577; and Mr Victor M Barfield, Assistant Secretaryof the Department of Commerce, 430 North Smithfield Street, Raleigh, North Carolina27611 _JOHNSTON COUNTY BOARD OFCOMMISSIONERSByClerk4 This resolution only sets forth procedures for having public hearingson industrial bonds and does not require this Board to hold public hearings asherein described unless such hearings are required under the Code or by the Depart -ment of CommerceCommissioner Frank B Holding moved the passage of the foregoing resolutionand Commissioner Howard Benton seconded the motion, and the resolution was passedby the following voteAYES Commissioners Norman C Denning, Frank B Holding, James WCash, John M Booker, DVM, and Howard BentonNAYS NONENOT VOTING NONE4Notice is hereby given that the Board of Commissioners of Johnston Countythe Board will hold a public hearing on the plan of The Johnston County IndustrialFacilities and Pollution Control Financing Authority the Authority to financea project for the Company by issuing up to in principal amount of its industrial revenue pollution controlbonds to assist the Company i n acquiring and instal I i ng certainat its facility at in Johnston County, North CarolinaThe project will cost in excess of and create or save, directlyor indirectly, approximately jobs The Authority entered into an inducementagreement with the Company on The public hearing, which maybe continued or adjourned,- wi I I be held at oclock am pm onbefore one or more Commissioners of the Board, atSmithfield, North Carolina Any person interested in the issuanceof the bonds or the location or nature of the proposed project may appear andbe heard Information with respect to the Companys proposal is on file and isopen for inspection at the office of the County Manager, during business hoursThe Authority intends to submit an application for approval of the projectto the Secretary of the North Carolina Department of Commerce If any memberof the general public desires to make comments in writing on the proposed issuanceof bonds for the project, you may do so, within fourteen 14 days after the datehereof, by addressing such comments to Johnston County Board of Commissioners,County Courthouse, Smithfield, North Carolina 27577; and The Johnston CountyIndustrial Facilities and Pollution Control Financing Authority, County Courthouse,Smithfield, North Carolina 27577; and Mr Victor M Barfield, Assistant Secretaryof the Department of Commerce, 430 North Smithfield Street, Raleigh, North Carolina27611 _JOHNSTON COUNTY BOARD OFCOMMISSIONERSByClerk4 This resolution only sets forth procedures for having public hearingson industrial bonds and does not require this Board to hold public hearings asherein described unless such hearings are required under the Code or by the Depart -ment of CommerceCommissioner Frank B Holding moved the passage of the foregoing resolutionand Commissioner Howard Benton seconded the motion, and the resolution was passedby the following voteAYES Commissioners Norman C Denning, Frank B Holding, James WCash, John M Booker, DVM, and Howard BentonNAYS NONENOT VOTING NONE411385February 6, 1984 Continued7 industrial Revenue Bonds— Bond Counsel - Fieldcrest Mills, IncCommissioner Norman C Denning introduced the following resolution,the title of which was read€?E GLUT1QN ;,W LTH , R4SR- CT- -_0 ; F1UNTON 7i? - WILL? LAA S, s-A - T,V14]G N;PxSJ?OI?IiJ ?QINSELFOR INDUSTRIAL REVENUE BONDS FOR JOHNSTON COUNTYWHEREAS,theBoard of Commissionersof Johnston County the Boardmet pursuant tonoticeat the Courthouse inSmithfield, Johnston County, NorthCarolina on the 6thdayof February, 1984; andWHEREAS, The Johnston County Industrial Facilities and Pollution ControlFinancing Authority the Authority from time to time issues bonds to financevarious projects to benefit the County or portions thereof; andWHEREAS, the legality of bonds issued by the Authority under NorthCarolina law must be approved by bond counsel selected and approved by theBoard; andWHEREAS, it has been proposed that Messrs Hunton Williams, Raleigh,North Carolina, act as bond counsel ,in connection with the issuance by the Authorityof bonds for the benefit of Fieldcrest Mills, Inc; andWHEREAS, the Board has reviewed the Guidelines and Procedures forthe Employment of Bond Counsel inl Industrial Development Financings under GSChapter 159C11 issued by the Local Government Commission and examined the qualifi-cations of Messrs Hunton Williams with respect to the criteria set forth inthe Guidelines and Procedures;BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF JOHNSTON COUNTYMessrs Hunton Williams shall act as bond counsel in connection withbonds issued by the Authority for the benefit of Fieldcrest Mills, IncCommissioner Howard Benton moved the passage of the foregoing resolutionand Commissioner James W Cash seconded the motion, and the resolution waspassed by the following voteAYES Commissioners No C Denning,Cash, John M Booker, DVM, and Howard BentonNAYS NoneIINOT VOTING None8 Public Hearing - Animal Control OrdinanceFrank B Holding, James WPURPOSE To receive citizen input and to consider the adoption of anAnimal Control Ordinance for Johnston CountyThe Chairman opened the Public Hearinga Speakers and Comments Otha Weaver, West Smithfield, asked theboard to consider an absolute leash law for unincorporated, but thickly developedareas, such as West Smithfield Mr Weaver stated that dogs run -at -large inthis areab Mrs Gene Causby, representing the Johnston County Chapter ofSPCA; spoke with concern regarding 1 the amount of time allowed by the ordinancefor locating owners or finding new owners for impounded dogs; 2 the SPCA voicesopposition to selling unclaimed animals to research laboratories and asked ifunclaimed dogs could be released to the local SPCA Chapter to be adopted outMrs Causby stated the Johnston County SPCA Chapter would like to see JohnstonCounty being more humane than selling animals to laboratories She furtherstated that SPCAs ultimate goal is to educate the public about the need to controlthe dog population in the county 3 The SPCA is also concerned about notificationof owners and would like to be able to get the names of owners of impoundeddogs so they could make an effort to contact them 4 Would like to be ableto come to the dog pound and get an animal if they have a home and do nothave an animal available 5 The SPCA requests that the word unwanted Section13 e be changed to 1 °vicious The board discussed the proposed Animal Control Ordinance at length,agreed that it was a good ordinance, however, assured, Mr Weaver and MrsCausby it could be amended when and if necessary The board also advised theserequests would be taken under advisement86February 6, 1984 ContinuedThere being no one else to be heard, the Chairman declared the PublicHearing on the Johnston County Animal Control Ordinance closed9 Town of Kenly Request Funds - Sewer ProjectKenly Mayor Ernest Wilkinson, and town officials, met with the boardrequesting county funds to finance the local cost of the Kenly 201 Project to upgradethe Kenly Wastewater Treatment FacilityaMayor Wilkinson explained Kenly had moved up on the State prioritylist for federal funding for the 201 Project However, engineers explained EPAfunding has decrease and will cover only about 55 because of a decrease inClean Water Bond moneyThe engineers presented to the board a proposed capital cost sharingplan of 2,164,200 on the Kenly -Micro 201 Project from 025 MGD to 060 MGD,including a system for Micro and a pump station and force main to serve NorthJohnston High School The EPA grant is based on 55 of cost of 046 MGD plantThe amount requested from the county is approximately 998,900 includinglines to serve North Johnston High School The board at this point, stated theNorth Johnston High School request should be endorsed by the Board of EducationIbefore consideration by this boardIn discussion, the board seemed uncertain as to whether or not theyshould consider funds to include North Johnston High School, since the projectcost could be reduced by omitting the school, and as they are unsure as to whatthe Town of Micro might be asking for in the near future The board considereddeleting the excess capacityAfter a lengthy discussion, the Board of Commissioners favored assistingthe Town of Kenly, and agreed to take the request under advisement, in orderto consider and determine the amount the county should put into the 201 project10 Department of TransportationWayne Bailey and Paul Anderson, Engineers, North Carolina Departmentof Transportation, visited with the board11 Road Petition - Meadowbrook Drive Stoney Brook SubdivisionCommissioner Howard Benton moved the road petition requesting thatMeadowbrook Drive, Stoney Brook Subdivision, Micro _Township, be added to theSecondary Road System for maintenance be forwarded to the North , Carolina Departmentof Transportation for considerationCommissioner James W Cash seconded the motion which was carried12 Road Petition - Timothy Drive - James Overbee SubdivisionCommissioner Frank B Holding moved the road petition requesting thatTimothy Drive, James Overbee Subdivision, Boon H i l l Township, be added to theSecondary Road System for maintenance improvement be forwarded to the NorthCarolina Department of Transportation for considerationCommissioner James W Cash seconded the motion which was carried13 Search and Rescue CoordinatorBased upon a request from the North Carolina Department of Crime?;Con-trol and Public Safety, Division of Emergency Management, Commissioner FrankB Holding moved that the Johnston County Sheriff s Department be designatedas Lead Agency for Search and Rescue coordination in Johnston CountyCommissioner John r` Booker seconded the motion which was carried14 Workers Compensation PlanThe County Manager recommended the board consider the adoption ofthe Workmens Compensation Insurance Plan for Johnston County He explainedthe Workers Compensation plan and cost if the county participates in the programadministered by the North Carolina Association of County CommissionersOFFebruary 6, 1984 ContinuedAfter discussion, Commissioner Howard Benton moved the county participatein the Workmens Compensation Insurance Program administered through the NorthCarolina Association of County CommissionersCommissioner Frank B Holding seconded the motion which was carriedby unanimous vote15 Appointments - Johnston County Airport AuthorityCommissioner Frank B Holding moved that Paul E Johnson, Jr, Route# 3, Four Oaks, and Harold T Keen, Four Oaks, be reappointed to four yearterms on the Johnston County Airport AuthorityCommissioner John M Booker seconded the motion which was carriedby unanimous vote16 Appointments - Citizens Involvement CouncilCommissioner Howard Benton moved that Helen R Holt, Four Oaks, andHazel G Sorrell, Benson, be reappointed to two year terms on the Johnston CountyCitizens Involvement CouncilCommissiner John M Booker seconded the motion which was carriedby unanimous vote17 Appointments - Fire Districts CommissionsUpon a motion by Commissioner Howard Benton, duly seconded by Com-missioner Frank B Holding and carried the following appointments were madeFire Districts CommissionsArcher Lodge Jerry ace, Mike Mulhiollem and Glenn MooreBanner J Gerald Johnson, Willie T Chandler and Larry 0 RaynorBeulah Ralph Pope and Bobby Pope Dick Williams third memberappointed by Wilson CountyBoon Hill Rudolph Pittman, S S Lee, Sr and Floyd DaughtryCorinth Holders Wyatt Cason, Vesta Boykin and Howard DriverMicro Mack Spence, D W Taylor alid Michael BoyetteStricklands Crossroad Alfred Batten, Coy MassengiII and TalmageR SneadOneals Freddy Narron, Ray Wheeler and Sam NarronWilsons Mills Alex Wilson, Jim Uzzle, Jr and Donald B StricklandWynn Bobby Hansley, Ricky Stanley, and Gerald Lee18 Council on Aging - Transportation Plan UpdateCommissioner Howard Benton moved the Johnston County Council on Agingbe designated as the countys lead agency to update the county transportationplan in order to qualify for a possible 80?1 federal grant to purchase four newbuses State funding share should be 10x, leaving a local share of 10Commissioner John M Booker seconded the motion which was carried19 Public Hearing - Federal Revenue SharingPurpose To comply with federal requirements that the public be givenan opportunity to express opinions as to , how Federal Revenue Sharing Fundsshould be spent Funds have been tentatively reserved for future constructionprojects The Chairman opened the Public Hearing There was no one presentto be heard regarding the use of Federal Revenue Sharing FundsThe Chairman declared the Public Hearing on the use of Federal RevenueSharing Funds closedFebruary 6 1984 Continued20 Subdivision John R Howell, JrUpon the recommendation of the County Planning Board, CommissionerFrank B Holding moved the John R Howell, Jr Subdivision, Pleasant Grove Township,7 lots, located on Secondary Road #1312, 34 mile east of Harnett County Line,be approved and the Chairman authorized to execute the platCommissioner John M Booker seconded the motion which was carried21 Subdivision - Watson Acres - Section I IUpon the recommendation of the County Planning Board, CommissionerHoward Benton moved the Watson Acres Subdivision - Section II, Micro Township,17 lots, located Highway 301, adjacent to North Johnston High School, be approvedand the Chairman authorized to execute the platCommissioner James W Cash seconded the motion which was carried22 Landfill Equipment - To Be SoldThe board rejected al I bids received on the two 1974 White Garbage trucksdeclared as surplus propertyAfter discussion, and upon motion by Commissioner Frank B Holding,duly seconded by Commissioner James W Cash and carried, the County Managerwas authorized to negotiate and sell the engine blocks and transmissions for3700023 Animal Control Ordinance - ADOPTEDAfter further discussion ofthe proposed AnimalControl- Ordinance, Com-missioner James W Cash recommendedthat in Section 13e theword unwantedbe deleted and the word - vicious added to replace the wordunwanted Commissioner John M Bookermoved the adoptionof theJohnston CountyAnimal Control Ordinance as amendedCommissioner James W Cashseconded- the motionwhichwas carried byunanimous voteIThe Johnston County Animal Control Ordinance is recorded in the CountyOrdinance Book # 1, pages 370 - 381 dated February 6, 198424 EXECUTIVE SESSIONCommissioner Howard Benton moved that Regular Session be recessed,and further that the Board of County , Commissioners go into Executive Sessionto consider the selection of a site or the acquisition of real property and personnelmattersCommissioner Frank B Holding seconded the motion which was carriedby unanimous voteREGULAR SESSIONUpon a motion by Commissioner James W Cash, duly seconded by Com-missioner Frank B Holding and carried, it was moved that Executive Sessionbe closed and Regular Session be resumedUpon a motion by Commissioner John M Booker, duly seconded by Com-missioner Frank B Holding and carried, the board adjournedfNorman C Denning, ChairmanEleanor N Creech, ClerkNowitIDetailsAnnotationsEntry PropertiesModified11192013 124513 PMCreated4172003 91245 AMTemplateMinutesFieldsMinutes - TypeRegularMinutes - Date261984Book17