March 5, 1984 - 10:00 AM - County Board of Commissioners Meeting Minutes

Meeting of Board of Commissioners for Johnston CountMarch 5, 1984The Johnston County Board of Commissioners met in regular session Monday,March 5, 1984, at 10 oclock am, in the Commissioners Room of the JohnstonCounty Courthouse, Smithfield, North Carolina, with the following members presentNormain 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 February 6, 1984 board meeting stand approvedas recorded2 Proclamation - Focus on the FamilBruce Woodard, Chairman, Johnston County Extension Service, and GayleKurrelmeier, Chairman, Family Task Force, met with the board introducing thefollowing proclamation requesting the boards adoption;FOCUS ON THE FAMILY PROCLAMATIONWHEREAS, the family is the backbone of the American Society and eightout of ten American adults questioned in a recent poll said the family rankedfirst in their lives; andWHEREAS, strengthening families by teaching them to apply researchbased knowledge has been a mission of the Agricultural Extension Service sinceits beginning; andWHEREAS, we recognize that families are experiencing the stress of manysocial and economic changes and that the Extension Service has developed a 4year plan called People Plan 87 to help answer the needs of families; andWHEREAS, no dollar amount can be placed on the intangible value ofa strong stable family and that family stability and interpersonal relationshiphave a direct effect on the productivity of workers in agriculture and industryaffecting the total economy of Johnston County; andWHEREAS, theopportunity to assistfull potential in recognWHEREAS, thehelp Johnston Countyquality of life; andAgricultural Extension Service accepts the challenge andindividuals, families and communities in developing theirizing their family and community strengths; andultimate goal of the Agricultural Extension Service is tofamilies with practical everyday problems affecting theirWE, THEREFORE, as Commissioners of Johnston County do hereby proclaimthe week of March 25th - 31st as FOCUS ON THE FAMILY WEEK in Johnston Countyand encourage its observance by all organizations and citizensDate March 5, 1984 Norman C Denning, Chairman, Board of Commissioners,Upon a motion by Commissioner Frank B Holding, duly seconded byCommissioner John M Booker and carried by unanimous vote, the above proclamationwas adopted3 Retirement - Hernando F Palmer - Agricultural Extension AgentHernando F Palmer, Agricultural Extension Agent, present at this meetingpresented a letter advising the board of his plans to retire effective July 1,1984 Mr Palmer has worked for Johnston County for 25 yearsChairman Denning responding on behalf of the Board of Commissionersthat it has been a pleasure to have you as an agent in Johnston County, youhave done an outstanding job, the board and citizens appreciates the servicesyou have given the county 390March 5, 1984 Continued4 Produce Market - Funds to Employ ManagerCommissioner James W Cash moved that 5,000 be appropriated to employa Produce Market Manager for one year to work under the ;supervision of the JohnstonCounty Extension Service Chairman Commissioner Cash further moved that the 5,000be transferred from the Contingency Fund to the Agricultural Extension - ProduceMarket accountCommissioner Howard Benton seconded the motion which was carried5 Infant Safety Seat Program - Health DepartmentThe Infant Safety Seat Program was presented to the board by Helen Ray,Director, and staff members Kathy Hodge and Hazel ine Barfield, Johnston CountyHealth Department It was explained that this program is designed to provideinfant car seats through a rental program to residents of Johnston County Thisprogram wi I l not cost the county any money, funds are provided through the stateprogram It was explained that members of the Health Department staff will beresponsible for renting the seats and training in the proper use of this equipmentiThe board was advised that effective July I, 1984, the law requires that a childbe restrained in a safety seat The Health Board has approved this program providedthat the County Commissioners feel the liability wi I I not be a problemThe board discussed this program at length and are concerned aboutthe l i a b i l i t y and risk, as the State takes no l i a b i l i t y in the Safety Seat ProgramIn talking with the County Attorney regarding the liability risk, it was agreedthere would probably be less liability risk on a loaner basis rather than rentingthe seatsAfter further discussion, Commissioner James W Cash moved the countyparticipate in the Infant Safety Seat Program to be administered through theJohnston County Health Department, at no charge for the seats, on aloaner basisCommissioner Howard Benton seconded the motion which was carried byunanimous vote6 Benson Water Line to Rest Area - 1 -40 ProjectHampton Whittington,, President, Benson Chamber of Commerce, and a delegationof chamber members, met with the board again seeking county funds to increasethe size of an 8 water line the State has promised to install from Benson to theproposed 1 -40 rest areas Mr Whittington pointed out that a larger line woul dencourage and attract industry to this area of the proposed interchange The Bensongroup told the board they are asking for a 16 line, however, a 12 PVC linewould be acceptable In discussion, the board pointed out the county has alwaysfunded water and sewer lines to industries ready to build, but not on a speculativebasis After further discussion, Commissioner Howard Benton moved the countyfinance the difference between the 8 line, the State has promised to install,and a 12 line from Benson to the proposed rest areas Commissioner Benton furthermoved that county funds not be spent until the invoices are due on the waterline constructionCommissioner Frank B Holding seconded the motion which was carriedby unanimous vote7 Public Hearing - Industrial Revenue Bond Financing - Fieldcrest Mills,Chairman Norman C Denning opened the Public Hearing on the planof the Johnston County Industrial Facilities and Pollution Control Financing Authorityto finance an industrial project for Fieldcrest Mills, Inc The Chairman calledfor any one wishing to comment on this project There was no one present tobe heardPersons present at the Public Hearing Norman C Denning, ChairmanFrank B Holding, Vice Chairman, James W Cash, Member, John M Booker,Member, Howard Benton, Member; W R Britt, County Attorney, WilliamH McBride, Hunton Williams; Kramer Jackson, County Manager, EleanorN Creech, Clerk to the BoardThe Chairman declared the Public Hearing closedIIII;lMarch 5, 1984 ContinuedCommissioner Norman C Denning introduced the following resolutionthe title of which was readAPPROVAL IN PRINCIPLE OF INDUSTRIAL PROJECT FOR FIELDCRESTMILLS, INC AND THE FINANCING THEREOF WITH REVENUEBONDS IN A PRINCIPAL AMOUNT OF UP TO 11300,000WHEREAS, The Johnston County Industrial Facilities and Pollution ControlFinancing Authority has agreed to assist in the financing under the North CarolinaIndustrial and Pollution Control Facilities Financing Act the Act of an industrialproject by Fieldcrest Mills, Inc the County consisting of the acquisition andinstallation of additional production machinery and equipment and an air con-ditioning unit at the Companys existing electric blanket facility outside ofSmithfield, Johnston County and has indicated that agreement by the completionof an Inducement Agreement between the parties dated as of January 24, 1984;andWHEREAS Under GS 159C -7 each project must be approved by theSecretary of the Department of Commerce; andWHEREAS The Rules and Procedures of the North Carolina Departmentof Commerce require that the governing body of a county approve in principleany project to be financed under the Act; andWHEREAS This Board has today held a public hearing with respectto the advisability of the Project and the issuance of bonds therefor;NOW, THEREFORE, the Board of Commissioners of Johnston County, meetingin regular session at Smithfield, North Carolina, on March 5, 1984, do the followingBE IT RESOLVED BY THE BOARD OF COMMISSIONERS FOR THE COUNTYOF JOHNSTONThe proposed industrial project constituting the acquisition and instal-lation of additional machinery and equipment and an air conditioning unit atthe Companys existing electric blanket facility is hereby approved in principleCommissioner Frank B Holding moved the passage of the foregoingresolution and Commissioner Howard Benton seconded the motion, and the resolutionwas passed by the following voteAYES Commissioners Frank B Holding, Howard Benton, James W Cash,John M Booker, DVM, and Norman C DenningII NAYS NoneNOT VOTING None8 Airport - Height Ordinance - Matching Grant for Airport ImprovementsPau I E Johnson, Chairman,Johnston County Airport Authori ty, met with theboardseeking consideration on a proposed HeightOrdinance Chairman Johnsonadvisedthat FAA regulationswill require such anordinance for future federalgrantsfor airport improvementsand constructionChairman Johnson also toldthe board that this ordinancewi I I probably notaffect landowners around theairportChairman Johnson asked the board to appropriate an amount of 30,110in the 1984 -85 budget to provide 5 of the cost of construction of a taxiwayalong side the runway at the airportIn discussion of the Airport Height Ordinance, a Public Hearing onthis ordinance was scheduled for Monday, April 2, 1984, at 300 pm, in orderto give the public an opportunity to be heardIn discussion of the budget request, Commissioner James W Cash movedthat 30,110 be appropriated in the 1984 -1985 budget to provide 5 of the costof construction of a taxiway at the airportCommissioner Frank B Holding seconded the motion which was carriedunanimously The Board of Commissioners scheduled the Board of Equalization andReview to meet on April 2, 1984, at 1015 a m March 5, 1984 Continued9 Tax Release - Carolina Telephone and Telegraph CompanyiiCarolina Telephone Telegraph Company has requested a release of 2,22469This is the amount of late payment penalty that was assessed based on receivingtheir payment on January 9, 1984 The request is based on the fact that CarolinaTelephone and Telegraph contends their payment was mailed on time The paymentwas mailed in an envelope bearing a metered postmark of January 5, 1984After discussion of the request, Commissioner Frank B Holding movedthat the 2,22469 penalty be releaseCommissioner James W Cash seconded the motion which was carried byunanimous vote10 Tax Refund Smithfield Promotors, IncJohnnie Stott, Tax Administrator, advised that Dan Matthews representingSmithfield Promotors, Inc, requests a refund in the amount of 72069 The requestis based on the fact that in 1980, Mir Matthews applied for the farm use valuationon two tracts of land For some reason, only one tract was granted the farm usevaluation for 1980 Both tracts were eligible and it is recommended that refundbe granted General Statutes allow for refunds due to such clerical errors forcurrent year plus most recent three years This request falls within the limitationAfter discussion of the request, Commissioner James W Cash moved tht72069 be refundedCommissioner Frank B Holding seconded the motion which was carried11 Water Plant Project - AmendmentIt was recommended by Ragsdale Consultants, and the County Manager,that the water plant be equipped with a device that will recycle untreated waterused in the plant This device will help reduce the load on the sewage plant,which is nearing its capacityCommissioner Howard Benton moved that the water plant budget be amendedto take care of this recycling equipmentCommissioner James W Cash seconded the motion which was carriedII12 Landfill Timber - Bid AwardedCommissioner James W Cash moved the bid to cut timber at the countylandfill be awarded to Lee Lumber Company W Gattis Lee Clayton, NC Mr Leegave the high bid of 10,750Commissioner Howard Benton seconded the motion which was carried byunanimous voteUpon the recommendation of the Planning Board, Commissioner James WiCash moved that the Franklin and Clifton Price Subdivision, Wi Iders Township,3 lots, be approved and the Chairman authorized to execute the platCommissioner Frank B Holding seconded the motion which was carried13Subdivision- A R McLamb AssociatesHaroI d BI i zzard, CountyUpon therecommendationof the Planning Board, Commissioner HowardBentonmoved thatthe A R McLamb Associates Subdivision, Elevation Township,3 lots,be approvedand the Chairman authorized to execute the plata varianceCommissioner James W Cashseconded the motion which was carriedi14Subdivision- Franklin andClifton PriceUpon the recommendation of the Planning Board, Commissioner James WiCash moved that the Franklin and Clifton Price Subdivision, Wi Iders Township,3 lots, be approved and the Chairman authorized to execute the platCommissioner Frank B Holding seconded the motion which was carried15 Subdivision - White OakPlantation -Variance RequestHaroI d BI i zzard, CountyPlanner,advised the board thatthe PlanningBoard has given preliminaryapproval ofthe White Oak PlantationSubdivision,Phase I, 34 lots, based uponthe Board -of Commissioners grantinga varianceCharlie Winston, owner, hasrequested ablock length requirementvariance fortopographical reasons To meetthe block I ength requirement would mean constructinga rather extensive bridge over agulleyMarch 5, -1984 ContinuedBused upon the Planning Boards approval and recommendation, CommissionerFrank B Holding moved that the variance be grantedCommissioner James W Cash seconded the motion which was carried byunanimous vote16 Town of Kenly Request Funds - 201 Wastewater ProjectKenly Mayor Ernest Wilkinson, Ed Luper and Gerald Wh i tehurst, metwith the board again seeking county funds to finance the local cost of the Kenly201 Project to upgrade the Kenly Wastewater Treatment Facility Mayor Wilkinsonasked the county to appropriate 301,000 over three fiscal years, 1984, 1985, and19861 total amount of 903,000 Mayor Wilkinson explained a commitment from thecounty will enable Kenly to apply for an EPA grant to help pay for about onehalf of the project cost of approximately 2 million dollars EPA grant deadlineApril 15, 1984The Board of Commissioners agreed that the Kenly -Micro area industrialgrowth is stymied unless something is done to expand and upgrade the wastewatertreatment facilities The Kenly expansion would enable the Town of Micro to sendwastewater to Kenly and would also accommodate North Johnston High School, ifthe needs should ariseAfter discussion, Commissioner Frank B Holding moved that county fundsbe made available to the Town of Kenly for the Kenly 201 Project in the amountof 903,000 over a three year period 301,000 each budget year 1984, 1985 and1986 The Town of Kenly to pay back the county over a 20 year period at aninterest rate of 6Commissioner Howard Benton seconded the motion which was carried byunanimous vote17 Bulk Container SitesKramer Jackson, County Manager, told the board the Department of Trans-portation has indicated it would be a hazard to enter the bulk container siteat Jones Brothers from 301 They have said they will build a road at Jones Brothersso the entrance to the site would be off a side road The County Manager askedthe board to give some thought to whether or not this site is large enough toaccommodate the areaIn discussing containers and the needs for disposal of garbage throughout the county, Commissioner Frank B Holding moved the County Manager beauthorized to purchase up to five bulk containers to be used at his discretionCommissioner James W Cash seconded the motion which was carried18 One -Half Cents Sales Tax ReportThe County Manager gave the board a summary report of total amountsof one -half cents sales tax distributed for the quarter ending December 31, 1983He also advised that the Board of Education had requested its share of the one -halfcents sales taxThe Board of Commissioners instructed the County Manager that the Boardof Education must have a project and make a request to the board, before theone -half cents sales tax is disbursed to the schools19 Appointments - Meadow Fire District CommissionUpon the recommendation of the Meadow Fire Department, CommissionerHoward Benton moved that Robin H Johnson, Anthony Godwin, and Samuel Johnsonbe appointed to the Meadow Fire District CommissionCommissionerFrank BHolding seconded the motion which was carried20Appointments- CitizensInvolvement CouncilAppointmentsto theJohnston County Citizens Involvement Council weredeferredat this time21Appointment -JohnstonCounty Community Action BoardAn appointmentto theJohnston County Community Action Board was deferredat thistime394March 5, 1984 Continued22 LEO Law Enforcement Officers Retirement - ResolutionUpon a motion by Commissioner Howard Benton, duly seconded by CommissionerFrank B Holding and carried, the following resolution was adoptedLAW ENFORCEMENT OFFICERS RETIREMENT SYSTEMNORTH CAROLINA DEPARTMENT OF STATE TREASURERAGREEMENT TO PAY EMPLOYER SPECIAL ANNUNITY CONTRIBUTIONSTHIS AGREEMENT is made and entered into by and between the Board ofTrustees of the Law Enforcement Officers Retirement System of the State of NorthCarolina, hereinafter designated the Retirement System, and the County of Johnstonhereinafter designated the Employer, in accordance with the provisions of NorthCarolina General Statute 143 - 16603, effective as of the first day of March, 1984,and shall continue in full force and effect until written notice to the RetirementSystem by the Employer of the cessation of this Agreement under the provisionsherein providedWHEREAS, the North Carolina General Assembly enacted Chapter- 468 of the1983 Session Laws; and,WHEREAS, Section 8 of this Chapter created North Carolina General Statute143 - 16603 setting forth the conditions under which the State and any county, city,town or other political subdivision thereof may voluntarily elect to pay specialcontributions to be credited to designated individual accounts of members of theLaw Enforcement Officers Retirement System, which are in addition to any contributionsas otherwise required under North Carolina General Statute 143- 166al; and,WHEREAS, the first condition is that such voluntary election shall be effectiveonly after a written agreement is entered into between a county, city, town orother political subdivision and the Board of Trustees of, the Law Enforcement OfficersRetirement SystemNOW THEREFORE, it is hereby agreed between the Retirement System andthe Employer as followsFirst In consideration of the payment of special contributions by theEmployer, the Retirement System agrees to provide annuities to members payableat retirement and throughout life, which are in addition to the basic service anddisability retirement allowances provided by law, with the amounts of such annuitiesdetermined by the Retirement System on the basis of the tables and rate of interestlast adopted by the Retirement System for this purposeiSecond TheRetirement Systemagrees to credit the special contributionspaid by the Employerto the designatedindividual accounts of membersand shallaccumulate such contributions together with such rateof interest as theRetirementSystem may from time totime determineThird TheEmployer agrees topay specialcontributions notto exceedfifteen percent 15J ofa members compensationwithinany calendar year,beginningJanuary ,I and endingDecember 31, intoa membersaccount, with theprovisionsthat the percentage mayvary from month tomonthFourth The Employer agrees to pay special contributions for all its employeeswho are members, and shall pay identical percentage rates of contributions forall such membersFIFTH The Employer agrees to pay special contributions for a minimumtwenty -four 24 consecutive months following the month of this AGREEMENT, butmay cease such contributions upon written notice to the Retirement System; provided,if the Employer elects to cease special contributions, the Retirement System shallnot enter into any further AGREEMENT with the Employer for a period of twelve12 consecutive months from the month of cessation; and further, it is mutuallyagreed by the Retirement System and the Employer that payment and acceptanceof special contributions for the first month following the twenty -four 24 consecutivemonths following the effective date of this AGREEMENT shall in itself be an AGREEMENTto continue to pay and accept special contributions until the Employer elects tocease special contributions by written notice to the Retirement System as hereinprovidedSixth The Retirement System agrees to issue a Letter of Credit to theEmployer each month is which a member or members for whom the Employer haspaid special contributions withdraws accumulated regular contributions or dies withouteligibility for a survivors alternate benefit, in an amount or amounts equal tosuch special contributions previously paid by , the Employer; and the Employer agreesto utilize the Letter of Credit so issued to satisfy and pay any obligation owingto the Retirement SystemI395March 5, 1984 ContinuedSeventh It is mutually agreed by the Retirement System and theEmployer that the first, second, third and sixth sections above apply equallyto all special contributions paid by the Employer prior to the effective dateof this AGREEMENTINWITNESS HEREOF, the COUNTYOF JOHNSTON, pursuant toa resolutionadopted byits governing body on the 5thday of March, 1984, hascaused thisinstrumentto be executed on its behalfby its Chairman, to beattested byits Clerk andits seal to be hereto affixed all as of the day andyear writtenabove, andto be executed in duplicateFor the EmployerNorman C Denning, SealChairmanAttestEleanor N Creech SealClerk23 1 -40 Project - Benson - Water Line Date - CulvertCommissioner Howard Benton moved the County Manager be instructedto contact the North Carolina Department of Transportation to request a timeperiod for reimbursement of funds, to the Town of Benson for the cost of the8 water line to the 1 -40 rest area site Commissioner Benton further movedthat the Department of Transportation be requested to install a culvert under1 -40 on the 301 right -of -way to accommodate a 16 water lineCommissioner Frank B Holding seconded the motion which was carried24 Landfill Surplus Property Sale AuthorizedCommissioner Frank B Holding moved the County Manager be authorizedto negotiate and sell landfill surplus property chassis and motor partsCommissioner Howard Benton seconded the motion which was carried25 Educational Leave - Diane Parker - Department of Social ServiceUpon the recommendation of Ben N i b I ock, Director, DSS , CommissionerHoward Benton moved that Diane Plarker, employee with the Department of SocialServices, be granted educational leave of two hours per week with pay, inaccordance with the County Personnel Pol icy, to attend North Carolina StateUniversityCommissioner James W Cash seconded the motion which was carriedby unanimous vote26 Wilsons Mills Communit,HearingDevelopment Project Appl ication` - PublicCommissioner Frank B Holding moved the county hold a Public Hearingon March 197 1984, at 7 oclock pm, Commissioners Room, Johnston CountyCourthouse, Smithfield, NC, to re eive public opinion on whether or not thecounty should sponsor and make application for Community Development fundsfor the Wilsons Mills areaCommissioner James W C sh seconded the motion which was carriedby unanimous vote27 Resolution - Cancer Control MonthUpon a motion by Commissioner Howard Benton, duly seconded by Com-missioner John M Booker and carried, the following resolution was adoptedWHEREAS, Cancer is the second largest cause of death, and this yearthere w ;i lI be about 21,000 new cases among men, women and children of allages i-n , North Carolina, andWHEREAS, The American Cancer Society provides invaluable aid inrehabilitation services to the cancer patient improving the quality of survival,and¦396March 5, 1984 ContinuedWHEREAS, Many forms of cancer are curable if detected early and treatedpromptly, andWHEREAS, The American Cancer Society of Johnston County will, duringthe month of April bring local citizens important information about cancer thatcould save or prolong their lives, andWHEREAS, The American, Cancer Society of Johnston County providessupport for important medical research which ultimately can affect local citizensin eliminating suffering and death from cancer,THEREFORE, The Johnston County Board of Commissioners proclaims theperiod of April I to 30, inclusive 1984, as CANCER CONTROL MONTH IN JOHNSTONCOUNTY and in so doing, urge every citizen to support the AMERICAN CANCERSOCIETYS annual crusade28 Courthouse Repairs for HandicappedThe County Manager reported that repairs are being made in the courthouseto construct bathroom facilities and public telephones for the handicapped29 Property Site CommitteeThe Chairman appointed a committee of Commissioners James W Cashand Frank B Holding to work with the County Manager on a recommendationfor purchasing property near the Courthouse for a new jail and county officebuildingUpon a motion by Commissioner Frank B Holding, duly seconded byCommissioner John M Booker, the board recessed until March 19, 1984, at 7oclock pmNorman C Denning, ChairmanEleanor N CreeClerk to the Boardj1i31i ,DetailsAnnotationsEntry PropertiesModified11192013 23024 PMCreated4172003 91436 AMTemplateMinutesFieldsMinutes - TypeRegularMinutes - Date351984Book17