April 2, 1984 - 10:00 AM - County Board of Commissioners Meeting Minutes

Meeting of Board of Commissioners for Johnston CountyApril 2, 1984The Johnston County Board of Commissioners met in regular session onMonday, April 2, 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 March 5th and March 19, 1984, board meetings standapproved as recordedBOARD OF EQUALIZATION AND REVIEWAt this time 1015 am, Commissioner John M Booker moved that regularsession be recessed for the Board of County Commissioners to sit as a Board ofEqualization and Review Commissioner Frank B Holding seconded the motion whichwas carrieda Robert Anthony Tony Johnson - Bentonville Township - 1015 amMr Johnson did not appearThere being no further business to come before the Board of Equalizationand Review, Commissioner Frank B Holding moved the Board of Equalization andReview meeting be adjourned and regular session be resumed Commissioner JohnM Booker;, seconded the motion which was carried2 REGULAR SESSIONohnnie Stott told the board that William R Johnson, Route # 2, Selma,NC, hasJohnnie Stott, Tax Administrator,explained that Mr Johnsonis requestingharged for late paymentthe value placed on his house which wasbuilt during 1983 be loweredThe appraisedarevalue, using schedules developed for themost recent revaluation, i567,360 Mr1981, 1982,Johnson contends that it cost him less than 60,000 to build the house;,and therefore,Mr Johnson isthe appraised value is out of line MrStott explained the appraisalstaff hasof 65595 for interest, penalties,reviewed the property card, schedules,location and other factorsand find nocollectederror And further, the fact that Mr Johnson did most of the work,and was hispaymentown contractor saved considerable cost;the cost savings does notdetract from1977, 1978, and 1979 He states thatthe value or what the property could bebought for by a, person whowas not ablewere pasto do the work It is recommended that MrJohnsons request, be deniedfor the past severalyears, heThe board discussed this requestThere was no actiontakenThere being no further business to come before the Board of Equalizationand Review, Commissioner Frank B Holding moved the Board of Equalization andReview meeting be adjourned and regular session be resumed Commissioner JohnM Booker;, seconded the motion which was carried2 REGULAR SESSIONohnnie Stott told the board that William R Johnson, Route # 2, Selma,NC, hasrequesteda release of 30154 that hasbeenharged for late paymentinterest,penalties,and sales costs on taxes thataredelinquent for theyearsof 1980,1981, 1982,and 1983 that are unpaid atthis timeMr Johnson isalsorequestinga refundof 65595 for interest, penalties,andsales cost whichwerecollectedon March12, 1984 This was included inpaymentof taxes for theyears1975, 197,1977, 1978, and 1979 He states thatMr Johnsonrealized thetaxeswere pasdue, however,with his personal economic conditionfor the past severalyears, hefeels thathe needs relief from the penaltiesand costc-ommissioner Holding explained that Mr, Johnso? had called him, andthere is possibility that he w i l l come today around 2 30 pm The board deferredaction at this time3 presentation of Sign OrdinanceRay Green, Director of Planning, Triangle J Cou cil of Governments, metwith the ,board and reviewed and discussed a proposed Ordlinance to Regulate Signsand Landscaping along Interstate HighwaysThis ordinance would prohibit signs being pla ed in areas extending1500 feet, on each side of an interstate highway, except where a natural boundaryexist and there it could be as close as 1000 feet This ordinance also deals withthe placement of other structures, dimensional and locational tandards and enforcementMr Green explained the ordinance is much like the on adopted by Wake andDurham Counties402Apri -1 2, 1984 ContinuedThe board discussed the proposed ordinance at length with Mr GreenIt was explained the Board of Commissioners has the authority at this time toprohibit any signs from being placed along the 1 -40 corridor until such time asthey can review the ordinance and consider its adoptionCommissioner Frank B Holding moved that the erection of billboards alongthe 1 -40 corridor be prohibited until such time as the Commissioners can resolvethe question of whether or not to adopt the ordinanceCommissioner Howard Benton seconded the motion which was carried unani-mously4 Rescue Ambulance Released to Ken l y Rescue SquadCommissioner John M Booker moved that the 1975 Chevrolet Van, Serial# CGY355U149779, obtained through the Governors Highway Safety Program, bereleased and turned over to the Kenly Rescue Squad, as the county is no longeraccountable for this vehicle as prescribed in the Federal Management Circular74 -7, Attachment N Commissioner Frank B Holding seconded the motion which was carried5 Transfer of Funds Sales Tax to SchoolsCommissioner Howard Benton moved that Julia A McCullers be appointedto the Council on the Status of Women for a two year term This term to beginApril, 1984Commissioner John M Booker seconded the motion which was carried unani-mousl y 8 Appointments - Citizens Involvement CouncilCommissioner James W Cash moved that Chris Moran of Clayton and QK Wall of Smithfield be appointed to the Citizens Involvement Council for a twoyear term to begin immediately These terms to expire February, 1986Commissioner Frank B Holding seconded the motion which was carriedby unanimous vote9 Appointment - Citizens Involvement CouncilCommissioner Howard Benton moved that Helen F Booth, Route # I, FourOaks, NC, be appointed to the Citizens Involvement Council to fill the unexpiredterm of Anna Cox This term to expire September, 1984Commissiner Frank B Holding seconded the motion which was carriedby unanimous vote,Kramer Jackson, County Manager, told the board the Chairman of theJohnston County Board of Education has requested by letter the transfer of 40of the fo Sales Tax to the Board of Education The request says the money wi I lbe used for a new Selma SchoolLater during the day Dr Ellerbe, Superintendent of Schools, talked withthe board about, this request and indicated this money is being requested to purchasea site for the new Selma School Dr Ellerbe stated his recommendation would bea Middle School, however, he is not sure at this time, whether it will be a middleischool or a junior highThe board took no action on this request at this time6 Appointment - Bentonville Community Building Board of TrusteesCommissioner Frank B Holding moved that Rebecca W Schartz, Routef# I, Four Oaks, NC, and James Q Beasley, Route # I, Four Oaks, NC, be appointed1to the Bentonville Community Building Board of Trustees for a two year term Thisterm to begin April, 1984Commissioner Howard Benton seconded the motion which was carried unani-mously7 Appointment - Council on the Status of WomenCommissioner Howard Benton moved that Julia A McCullers be appointedto the Council on the Status of Women for a two year term This term to beginApril, 1984Commissioner John M Booker seconded the motion which was carried unani-mousl y 8 Appointments - Citizens Involvement CouncilCommissioner James W Cash moved that Chris Moran of Clayton and QK Wall of Smithfield be appointed to the Citizens Involvement Council for a twoyear term to begin immediately These terms to expire February, 1986Commissioner Frank B Holding seconded the motion which was carriedby unanimous vote9 Appointment - Citizens Involvement CouncilCommissioner Howard Benton moved that Helen F Booth, Route # I, FourOaks, NC, be appointed to the Citizens Involvement Council to fill the unexpiredterm of Anna Cox This term to expire September, 1984Commissiner Frank B Holding seconded the motion which was carriedby unanimous vote,April 2, 1984 Continued10 Appointment - Johnston -Lee Community Action BoardCommissioner James W Cash moved that Helen Holt of Four Oaks be appointedto the Johnston -Lee Community Action Board for a two year term to begin immediatelyThis term to expire March, 1986 This appointment contingent upon Mrs Holtbeing eligible to serve on another board in accordance with county policy andprocedures for appointments unanimo111984 -198°to theprogramCommissioner Howard Benton seconded the motion which was carried byas votePUBLIC HEARING - Secondary Road Program 1984 -1985PURPOSE A public hearing was held to receive citizens input on theSecondary Road Construction Program for Johnston CountyWayne Bailey, District Engineer, reviewed and explained the programboard and interested citizens There was no opposition to the proposedas presentedMr Bailey also gave a status report on roads approved for pavingin previous programsThere being no further business regarding the 1984 -1985 Secondary RoadConstru tion Program, the Public Hearing was declared closedWayne Bailey,District Engineer,North Carolina Departmentof Transportation,Division of Highways,appeared beforethe Board of CountyCommissioners andpresented the 1984 -1985Secondary RoadConstruction Program forJohnston CountyAfter reviewing and discussing the proposed 1984 -1985 Secondary RoadConstruction Program, Commissioner Frank B Holding moved that the followingresolution be adoptedRESOLUTIONWHEREAS, THE BOARD OF COMMISSIONERS OF JOHNSTON COUNTY has receivedfrom the Department of Transportation the 1984 -1985 Secondary Road ConstructionProgram as presented by Mr Bailey, said roads being a part of the system main-tained by the North Carolina Department of Transportation, Divison of Highways;AND WHEREAS, after careful consideration of the services rendered bysaid roads and the traffic demands of said county, it is deemed necessary thatsaid roads be improved, in order to better serve the interest of the people ofthe county;NOW THEREFORE, BE IT RESOLVED, that the Board of County Commissionersof Johnston County hereby approve and request that the North Carolina Departmentof Transportation make the following improvements in said roads listed on theSecondary Road Program for 1984 -19851984 -1985 Secondary Road Construction ProgramJohnston CountvGrade, DrainSoi IPriority #Road #From ToLength and BaseErosion91519SR 1520 SR 132418 85,100 69000101554SR 1552 Dead End1 1 40,2004,000111323SR 1319 SR 132209 41,90041500122151NC 222 SR 215718 85,9136,000PaveBridge or Large Pipe Survey, Utilities R -of -WTotal Funds941,400- - - - --Previously funded6312279132,500 SR1025,300- - - - --Previously funded6312280 691500 SR11201700- - - - --Previously funded6312281 672100 SR1241,400- - - - --Previously funded6312282133,313 SR15o Spot Stabilization-SR 1145,1146,1147,1138,115471304,1311,1316,1325, 1329, 1355, 1526,1548,1561,1572,1562,1902,1903, 1904, 1945 ,1947,1946,1725,2129,2158,2151,2355,2340,23-36,2541,2524,and 2513109,749 SR20 - 1927WCL PineLevel ECL Selma154 Widen 2 each side28,854 SR1003US 70ASR 1923173 Widen 2 each side32,414 SR1934SR 1003NC 39180 Widen 2each side33,725 SR1002SR 2342Wayne CL130 Widen 2 each side24,358 SR1708SR 1700NCL Clayton144 Widen 2each side26,081 SRSUB -TOTAL658,494Miscellaneous Items Paving, rural fire- and rescue squad driveways,overdrafts, countywide right of way and surveys, POP, etc 73,166PROPOSED 1984 -1985 SECONDARY ROAD PROGRAM 658,49410 MISCELLANEOUS FUNDGRAND TOTAL73, 166731,660Commissioner James W Cash seconded the motion which was carried byunanimous vote12 Secondary Road # 1311James W Clayton met with the board and also talked with Wayne Bailey,District Engineer, about SR 1311 Mr Clayton asked that this road be consideredfor paving, and further that the Highway Department make an effort to keepthis road in better condition for traveling Mr Bailey told Mr Clayton he wouldbe glad to check on SR 131113 Cable TV FranchiseThe County Managerwith his office against Alertboard that Alert Cable TV isapproval and in violation offrom the County Manager ingranted by the countyexplained that Kountry Kable TV has filed a complaintCable TV for infringement of territory, He told theinstalling cable along Firetower Road without countycounty ordinance Alert Cable was warned by letterJuly, 1983 to cease installing cable outside arearsIt was explained to the board that Firetower Road is in Kountry Kablesterri tory LUNCH - Commissioner James W Cash was taken sick, the Commissionerstook Commissioner Cash to the hospital for observation14 PUBLIC HEARING - Wilsons Mills Community Development Block GrantApplicationPURPOSE To obtain citizens comments on a proposed application forfunding under the State of North Carolinas Small Cities Community DevelopmentBlock Grant Program for a Community Revitalization Grant for Wilsons Mills CommunityDevelopment AreaMrs Lula Sanders, contracted to prepare the Community DevelopmentBlock Grant Application, reviewed the application summary, project budget andproject needs with the board and citizens from the Wilsons Mills area She explainedthe application is seeking 750,000 for the Wilsons Mills project, 100,000 tobe funded by the county to be used for a water system, if the block grant isapproved by the State Department of Natural Resources and Community DevelopmentThere was no opposition to the Wilsons Mills Community DevelopmentBlock Grant Application The Public Hearing was declared closedUpon a motion by Commissioner Howard Benton, duly seconded by Com-missioner Frank B Holding and carried by unanimous vote, the following resolutionwas adopted II A RESOLUTION TO APPLY FOR FUNDS UNDER THE NORTH CAROLINA COMMUNITYDEVELOPMENT BLOCK GRANT PROGRAM AND ADOPTING A PROGRAM THEREFOREWHEREAS, the County of Johnston is interested in making itself an excellentplace for living and working for all its citizens and is anxious to work for theremoval of a l l factors that make the accomplishment of such a goal difficult,including any cause and evidences of blight and deterioration; andWHEREAS, the North Carolina Community Development Block Grant Programauthorized under the Housing and Community Development Act of 1974 as amendedin 1981 offers incentives - to local governments to develop viable communities byproviding de,-nt housing and a suitable living environment and by expandingeconomic opportunities, principally for persons by low and moderate income; andWHEREAS, the County of Johnston agrees that there is a need to continuea comprehensive and coordinated plan and program in order to meet its communitydevelopment needs in the most effective manner;hl Bii I?I 4April 2, 1984 ContinuedNOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners ofthe County of Johnston that the Community Development Application for the WilsonsMiIIs Target Area and the contents therein including all understandings andassurances are- hereby adopted; and, the County of Johnston wi I I work diligentlyto implement the proposed program if these requested grant funds are awarded;andBE IT FURTHER RESOLVED that Kramer Jackson is authorized to act asthe official representative of the County of Johnston in connection with this appli-cation and to provide such additional information as may be required by theNorth Carolina Department of Natural Resources and Community DevelopmentThis the 2nd day of April, 1984RESOLUTIONRESOLUTION WAIVING ACREAGE FEES AND ASSESSMENTS FOR STREET IMPROVEMENTSAND TAP -ON FEES FOR WATER IMPROVEMENTS IN COMMUNITY DEVELOPMENT TARGET AREAWHEREAS, the Board of Commissioners of Johnston County has carefullyconsidered the requirements for application for assistance from the Housing andCommunity Development Act of 1974; andWHEREAS, the Commissioners of Johnston County have expressed theirintention to apply for Community Development funds to concentrate on improvementsof the area known as Wilsons Mills; andWHEREAS, improvements in this area w i l l include water service to beinstalled with Community Development funds and County funds, and street improvementsto be made entirely with Community Development funds;NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners ofJohnston County that this Board agrees to waive acreage fees and assessmentsfor street improvements and to waive acreage fees, assessments, and tap -on feesfor water improvements installed in the Commun,ity Development target area withCommunity Development funds and County fundsCommissioner Frank B Holding moved the adoption of the foregoing resolutionCommissioner Howard Benton seconded the motion arid, upon vote, the motion carried,this the 2nd day of April, 1984APPLICATION SUMMARYUpon a motion by Commissioner Franks B Holding, duly seconded byCommissioner John M Booker and carried by unanimous vote, the Wilsons MillsCommunity Development Block Grant Application Summary was accepted and theChairman authorized to execute this application15 William R Johnson - Tax Release and Refund RequestWilliam R Johnson,, Route # 2, Selma, NC, appeared before the boardand stated his request as the Tax Administrator has discussed with the boardearlier during the day See Item # 2, page 401The board heard Mr Johnsons request, however, it was explained toMr Johnson the Board of Commissioners have lino legal authority to grant hisrequest No action was taken16 Drug Report - Sheriff JohnsoniSheriff George Johnson told the board that Johnston County has a seriousdrug problem, and that his department needs money and personnel to help workwith the drug problem in the county The Sheriff stated the supply and demandis growing and he asked that the board give much iiconsi derat i on to this request17 PUBLIC HEARING - Airport Height OrdinancePURPOSE To obtain citizens comments on the proposed Airport HeightOrdinance considered by the Board of Commissioners,It was exp l a i nethe use of land adjacentand purposes compatiblerequire assurances as areceiving federal grantswith these assurancesd the intent of the Airport Height Ordinance is to restrictto, or in the immediate vicinity, of the airport to activitieswith normal airport ope ations Federal assistance grantscondition of receiving funds If the county is to continuefor the airport, the county is obligated to follow throughThere was no opposition to the Airport Height Ordinance The PublicHearing was declared closedCommissioner Frank B Holding moved that the Height Hazard OrdinanceTo Limit Height of Objects around the Johnston County Airport be adoptedCommissioner Howard Benton seconded the _motion which was carried bythe following voteAYE Commissioners Frank B Holding, Howard Benton, John M Booker,and Norman C DenningNAY NoneCommissioner James W Cash was absent at this time; he was admitted in thehospitalThe County Manager advised the board the Airport Height Ordinancewould have to be adopted at two consecutive meetings due to the absence of Com-missioner Cash18 Floodinq of Neuse River - Johnston CounRudolph Howell, property owner along the Neuse River, met with theboard stating that the Falls Lake Dam in Wake County has caused the NeuseRiver to remain at flood level longer than usual Mr Howell asked the boardto make an official complaintto the Army Corps of Engineers to seek reliefBy motion of Commissioner Frank B Holding, duly seconded by CommissionerHoward Benton and carried, the County Manager was instructed to work withMr Howell, and to write a letter to the Army Corps of Engineers stating thisproblem19 Cable TV Franchise Kountry Kable and Alert Cable TVJim Lawrence, Attorney, representing Kountry Kable TV, asked the boardfor a cable TV franchise to serve the southern part of Johnston County, southof Highway 70 Mr Lawrence explained a new corporation, with Billy Braswellas owner, wi I I be formed to serve this areaPete Pettis, Vice President, AlertCableTV, askedthe boardfor permissionto extend cable lines into the Holt Lakearea;an areasouth ofHighway 70 toserve a mobile home park near Pine Level;topropertyof JamesPaul Edwards;and an area west of Smithfield on Highway210Mr Pettisalso askedfor permissionto go, ahead with construction in some areasalready under wayIn discussion, the County Manager explained that in reference to acable TV franchise, the County Ordinance requires that, a request be in writing,then the county must advertise for proposals from companies that may wish toserve these areas; and then the county must hold a public hearingMr Lawrence asked the board to consider that Kountry Kable had agreedto serve less populated areas in the county If Alert is allowed to serve thepopulated areas just outside municipal jurisdiction it takes away customers thatwould help balance the scales for Kountry Kable It was pointed out that KountryKable has taken a risk by taking in the less populated areas of the countyMr Lawrence left a written proposal with the County Manager at thismeeting Pete Pettis of Alert Cable TV stated a written proposal would be submittedin the next few daysTed Holmes, a technician with Alert Cable TV, asked the board to giveserious consideration to awarding cable TV franchises This technician was concernedabout the board granting a franchise to more than one company in the same area;stating that with more than one company in the same area cables are cut-unintention-ally This makes it very difficult for the techniciansThe board thanked Mr Holmes for his concernAfter much discussion, the board asked the County Manager to holdthe public hearing on awarding a cable TV franchise at the earliest possibledate;7I?11,Irr4 tApril 2, 1984 Continued20 Social Services Budget FY 1985 - Tentative ApprovalThe County Manager, along with Ben Niblock, Social Services Director,reviewed a summary of the 1985 FY Social Services Budget requestAfter discussion, Commissioner Howard Benton moved the FY 1985 SocialServices Budget be given tentative approvalCommissioner Frank B Holding seconded the motion which was carried21 Subdivisions for Approvala Upon the recommendation and approval of the County PlanningBoard, Commissioner Howard Benton moved that the Sandy Hill Acres Subdivision,Henrietta Dupree, owner, 7 lots located SR 1317, approximately i mile west ofPleasant Grove Community Building, Pleasant Grove Township, be approved andthe Chairman authorized to execute the platCommissioner John M Booker seconded the motion which was carriedbUponthe recommendationand approval of the County PlanningBoard, CommissionerFrank B Holdingmoved that the Byrd Realty Subdivision,C L Byrd,owner,7 lots, located SR1509 and 1330; approximately i mile eastof ClevelandSchool,Cleveland Township,be approved and the Chairman authorizedto execute theplatCommissioner Howard Benton seconded the motion which was carriedc Upon the recommendation and approval of the County PlanningBoard, Commissioner John M Booker moved that the Elbert I Batten Subdivision,located SR 15569 approximately 34 mile south of NC 42 west of Clayton, ClaytonTownship, 4 lots, be approved and the Chairman authorized to execute the platCommissioner Frank B Holding seconded the motion which was carriedd Upon the recommendation and approval of the County PlanningBoard, Commissioner Howard Benton moved that the Lakeside Planned Unit Development,Lakeside Associates, owner, located off Highway 301 South, between Holts Lakeand Johnston County Country Club, Smithfield Township, 34 units Phase I begiven preliminary approvalCommissioner Frank B Holding seconded the motion which was carried22 Communications Equipment for Landfill - Contract AwardedCommissioner Frank B Holding moved the contract for the Solid WasteLandfill Communications Equipment be awarded to Southern Communications,Goldsboro, NC, at a price of 10,13385Commissioner John M Booker seconded the motion which was carried23 Central Medical Dispatch - Rescue SquadsJane Wills, Triangle J Council of Governments, asked ,the commissionersfor a commitment of 20,350 to match an 8,000 grant for funds to ,provide equipmentfor the rescue squads so that all rescue squads can be dispatched centrallyfrom the Sheriffs Office Ms Wills explained that receipt of these funds dependson whether or not the North Carolina Office of Emergency Medical ,Services approvesthe grant request and on County approval of the projectAfter discussion of the request, Commissioner John M Booker movedthat a county commitment of 20,350 to match an 8,000 grant for, funds to provideequipment for the rescue squads to be centrally dispatched thrcugh the SheriffsOffice be approvedCommissioner Frank B Holding seconded the motion which was carried24 Central Medical Dispatch Project - Contact PersonCommissioner Frank B Holding moved that Harold Blizzard, CountyPlanner, be designated as the contract person to work with Ms Mills and TriangleJ Council of Governments on this projectf Central Medical Dispatch f,or Johnston CountyRescue SquadsCommissioner John M Booker seconded the motion which was carriedApril 2, 1984 Continued25 Resolution - Norman B GranthamRESOLUTIONWHEREAS, Norman B Grantham died on Wednesday, March 28, 1984, afterliving in this county for seventy -four years; andWHEREAS, he was a progressive businessman and political leader, aleading church layman, a devoted husband and father, a friend to countlessneighbors and citizens of Johnston County; andWHEREAS, he served the people of Johnston County and this country withgreat sincerity and distinction for many years; andWHEREAS, we and the citizens of Johnston County have lost a close andgreat friendNOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners takeofficial notice of the passing of Norman B Grantham, and the splendid recordof public service rendered by him, and be it ordered that copies of this Resolutionbe forwarded to his widow and familyUpon a motion by Commissioner Howard Benton, duly seconded by Com-missioner Frank B Holding and carried, the above resolution was adopted26 Workmens Compensation Claim - Ricky Hogg - Disabled Deputy SheriffIn discussion of the settlement of the countys liability for Ricky Hoggsdisability, the County Manager explained the county can pay 101,118 to FredS James and Company, and the company wi I I pay Ricky Hogg 79667 per monthfor the rest of his life An alternative is for the county to invest 100,000 ina long term investment The interest from the 100,000 would pay Ricky Hogg79667 per month for the rest of his life and upon his death, the county wouldstill have the 100,000 The same alternative could apply here also with thecounty investing the 50,000 and paying future medical bills with the interestThe County Manager recommended the county set aside funds to takecare of the countys liability claim for Ricky Hogg, former Deputy Sheriff Theboard accepted the County Managers recommendationUpon a motion by Commissioner John M Booker, duly seconded by Com-missioner Frank B Holding and carried, the board adjourned1Norman C enning, ChairmaEleanor N CreechClerk to the Boartr1DetailsAnnotationsEntry PropertiesModified11192013 114031 AMCreated4172003 91808 AMTemplateMinutesFieldsMinutes - TypeRegularMinutes - Date421984Book17