June 19, 1972 - 8:00 PM - County Board of Commissioners Meeting Minutes (Recessed)

June 19, 1972 - Recessed1 7Fit widthw14Meeting of Board of Commissioners for the County of JohnstonJune 19, 1972The Johnston County Board of Commissioners met in special session in the Auditors Office ofthe Johnston County Courthouse, Monday, June 19, 1972, at 8 oclock pm, with the following memberspresentJ Dobbin Bailey, Chairman, Frank B Holding, Norman C Denning, Freddie Adams and HowardBentonMembers Absent NoneThe following business was transacted1 M W Stancil - Mental Health BudgetMr M W Stancil, Chairman, Mental Health Area Board, appeared before the Board regardingthe pay plan adopted for the Mental Health Department Mr Stancil asked the Board of Commissionersto permit the Mental Health Board to move up in steps in the pay grade,which had been adopted,f orcertain professional positions, in order to enable this department to employ qualified personnel forthese positionsThe Board took no official action on Mr Stancils request2 Unanticipated ABC Revenue to Water and Sewer Account - General FundCommissioner Norme n8Denning moved to appropriate 22,00000 of unanticipated ABC Revenue tothe Water and Sewer Accoun in the General Fund to cover an over - expenditureCommissioner Freddie Adams seconded the motion which was carried unanimously3 Transfer from Continent to DoE Warden AccountCommissioner Frank B Holding moved to transfer 6, 00000 from the Contingent Fund of theGeneral Fund to the Dog Warden Account N to cover an over - expenditureCommissioner Norman C Denning seconded the motion which was carried unanimously4 Rates at Sanitary Landfill QuestionedJoe Grimes of Trash Collection Service, Smithfield, and Vic Ogburn of Waste Disposal Companyof Smithfield, appeared before the Board protesting rates at the county sanitary landfill The privatecollectors will have to start using the county landfill as of July 1, 1972Mr Grimes stated that the rates charged were in conflict with the original specificationsfor operation of the countys landfill T W Shirley and Sidney Wayne Broadwell are the presentoperators of the landfill under a contract awarded by the County Commissioners Mr Shirley statedthat he had negotiated with the Commissioners with the understanding that he could set any dumpingrates he wanted as long as the Board of Commissioners agreed The Board reminded Mr Shirley that ithad agreed to give the landfill operators privilege to work out rate agreements with commercial haulers,subject to the approval of the Board of County CommissionersAfter much discussion and debate, Chairman J Dobbin Bailey appointed Commissioners Norman CDenning and Howard Benton to work out dumping rates that will be agreeable and satisfactory with thelandfill operators, the private collectors and the Board of County Commissioners, and report back tothe Board at the next regular meeting5 Triangle J - Council of GovernmentsCommissioner Norman C Denning moved that Johnston County adopt the Triangle J Council ofGovernments Charter Resolution and make application for membership into the Council of Governments ona year to year basisCommissioner Frank B Holding seconded the motion which was carried unanimouslyRESOLUTIONTRIANGLE J COUNCIL OF GOVERNMENTSCHARTER RESOLUTIONOFCOUNTY OF JOHNSTON WHEREAS, County of Johnston, together with the other county and municipal governmental unitsadopting concurrent Resolutions identical hereto, recognizes that there is a need for such governmentalunits to consult among themselves and to actin concert with reference to regional matters affectinghealth, safety, welfare, education, recreation, economic conditions, regional planning or regionaldevelopment; now, therefore, be itRESOLVED, that pursuant to the General Statutes of North Carolina, Chapter 160A, Article 20,Part 2, the following Resolution is adopted for the establishment of a regional council of governments;ARTICLE IShort Title - Binding Effect This Resolution is the Charter of this Regional Council; andsaid Charter, together with all amendments thereto, is binding upon and shall enure to the benefit ofiall governmental units adopting itJune 19, 1972ContARTICLE IIName The name ,of the regional council of governments hereby established is the Triangle JCouncil of GovernmentsARTICLE IIIPurposes The purposes of the Council are1 To serve as a forum for discussion of governmental problems of mutual interest and concern;2 To develop and formalize policy recommendations concerning specific matters having anareawide significance which may include but are not limited to the following1 human resources development and human relations2 housing, public and private3 health care and hospital services4 recreation5 sanitation and refuse disposal 6 communications7 transportation8 water, sanitary sewer, electric power and other utility services9 air, water and other environmental pollution10 commercial and industrial development11 law enforcement12 welfare13 fire protection and prevention14 regional land use planning15 manpower development and training16` conservation and development of natural resources3 To promote inter- governmental cooperation;4 To provide organizational machinery to insure effective communication and coordinationamong the participating governmental units and other governmental units;5 To serve as a vehicle for the collection and distribution of information concerning mattersof area -wide interest; and6 To review upon request of any governmental unit within State Region J applications of thatunit for any grant in aid, federal,,state, or privateThe Council shall strive to promote harmony and cooperation among its members It shall seekto deal with regional problems in a manner which is mutually satisfactory, and shall respect the autonomyof all local governments within the State Region J ARTICLE IVMembership1 The initial membership of this Council of Governments shall consist of the general purposelocal governmental units of and inthe counties of Chatham, Durham, Johnston, Lee, Orange, and Wake,known as state region J which adopt a resolution identical hereto on or before June 30, 19732 Any municipality or county in region J which is not an initial member of the Council mayjointhis Council by ratifying or adopting this Charter and upon the unanimous vote of approval of theexisting members Notice of such application for admission shall be given each member by the Councilat least ten 10 daysprior to the date of the meeting at which the vote is to be taken The vote shallbe deemed to be unanimous unless one or more votes against the admission of said governmental unit arecast3 All rights and privileges of membership in the Council shall be exercised on behalf of themember governments by their delegates to the Councilter,4 Any special purpose governmental agency in state region J involved in matters affectingthe health, safety, natural resources, welfare or education of the citizens of North Carolina, suchas school boards, sanitary districts, and soil and water conservation districts, is eligible to applyMJune 19, 1972 Contfor an affiliate membership in the Council The application may be approved and an affiliate membershipgranted to such special purpose governmental unit upon-the affirmative vote of a majority of the member-ship attending any meeting at which a quorum is present An affiliate member shall pay no assessment,but the Council may charge each affiliate member a reasonable sum to cover its proportionate share ofthe direct costs of providing services to the affiliate members, provided such payments are authorizedby law The affiliate member shall have no vote in the Council, but its designated representative mayserve on any technical or advisory committee and may other wise participate in the deliberations of theCouncilARTICLE VWithdrawal Any member may withdraw from the Council at the end of any fiscal year, providedwritten notice of intent to withdraw is given to each of the other members At least sixty days priorto the end of the fiscal yearARTICLE VIRepresentation1 Each member governmental unit shall be represented in the Council by one delegate who shallbe an eldcted member of the governing body of the member governmental unit he represents Each delegateshall be selected by the governing body of the member unit in any manner consistent with law and theregulations concerning the governing body, and his name shall be certified to the Council by thegoverning body2 The term of office of each elected delegate shall commence upon the date of his appoint-ment to the Council by the governing body of the member governmental unit he represents; and the termshall continue at the pleasure of the governing board, unless the delegate shall sooner resign or ceaseto be an elected member of said governing body, in which case his term shall expire on the effectivedate of such event3a In addition, there shall be ten appointed delegates or 30 percent of the total membership,whichever is less, on the Council It is the intent of this Charter that the appointed delegates inso-far as possible shall be a reflection on the Council of segments of the general public not directlyreflected by the elected delegates of the Councilb Appointed delegates shall have three -year overlapping terms of office No appointeddelegate shall be reappointed until he shall have remained off the Council for at least one termc Each member county in caucus with its member municipalities shall name an appointeddelegate, acting in the following order; Chatham, Johnston, Lee, Durham, Orange, Wake, until theappropriate number of appointed delegates for the then forthcoming terms shall have been named, exceptas provided following in section 3d for nine initial appointmentsd Nine of the initial appointed delegates shall be the appointed members of the ResearchTriangle Planning Commission as of July 1, ;1972 The terms of office of these delegates on the Councilshall terminate concurrently with the termination of their terms of office on the Research TrianglePlanning Commission, three on June 30, 1973, and six on June 30, 1975e The tenth and succeeding appointments shall be made by a majority vote of a caucusconsisting of the Chairman of the Board of County Commissioners and the Mayors of all member municipal-ities of the appropriate county as indicated belowf Each caucus, when its turn for making an appointment first occurs, shall appoint a femaledelegate When its term for appointment second occurs, it shall appoint a male delegate Succeeding,appointments shall be made with similar alternation of sexg The tenth initial appointed delegate shall be appointed by Chatham County and its membermunicipalities for a three -year term, July 1, 1972 June 30, 1975h Succeeding terms of office shall be as followsI Three 3 -year terms for the period July 1, 1973, to June 30, 1976, with appointments byJohnstin, Lee and Durham Counties and their respective member municipalities11 Four 2 -year terms for the period July 1, 1975, to June 30, 1977, with appointments byOrange, Wake, Chatham and Johnston Counties and their respective member municipalities111 Three 3 -year terms for the period July 1, 1975, to June 30, 1978, with appointment byLee, Durham, and Orange Counties and their respective member municipalitiesIV Three 3 -year terms for the period July 1, 1976, to June 30, 1979, with appointments byWake, Chatham and Johnston Counties and their respective member municipalitiesV Four 3 -year terms for the period July 1, 1977, to June 30, 1980, with appointments byLee, Durham, Orange and Wake Counties and their respective member municipalitiesi Succeeding appointments shall be made in similar sequence for three -year terms by thecounties in caucus with the appropriate member municipalities in the same order Chatham, Johnston,Lee, Durham, Orange and Waker1czi NJune 19, 1972 Contj Should 30 percent of the total membership of the Council be less than 10, the numberof appointive terms shall be reduced accordingly In the event the number of initial appointivedelegates should be less than 9, the elected delegates shall determine by random chance selectionwhich appointive member or members of the Research Triangle Regional Planning Commission shall notbecome a member of the Council In the event the number of initial appointive delegates should be 9,then subsequent appointments by county and municipal caucuses as hereinbefore prescribed shall not bemade until there is a vacancy or vacancies within the required number of appointive delegates4 Each member shall certify to the Council the names of its delegates prior to the firstCouncil meeting fter June 30 of eachg year Only an individual who has been duly appointed andcertified to the Council as a delegate may be permitted to vote on any matter The member localgovernments shall also appoint and certify a successor to fill any vacancy created by the death,removal, resignation, or ineligibility of a delegate5 It is the intent of this charter that all delegates to the Council, both elected andappointed, shall have demonstrated an interest in the sound development of Region JARTICLE VIIMeetings Regular meetings of the Council shall be held quarterly to receive reports fromits standing committees and to conduct necessary business Additional regular meetings may be heldas considered appropriate by the Council Special meetings of the Council may be called by theChairman, or by any three members thereof All meetings shall be open to the publicAt least two days written notice shall be given of any special meeting of the Council Itshall state the time, place, and purpose of the meeting, and may be sent by telegram Any membermay waive notice as to himselfARTICLE VIIIQuorum and Voting Requirements1 One quarter 14 of the delegates of the Council shall constitute a quorum at anyregular or special meeting of the Council The affirmative vote of two - thirds of the delegates ofthe Council present shall be necessary to act favorably on any matter, except that an affirmativevote of a majority of all delegates shall be necessary for the adoption of the annual budget,adoption of the annual program of work, and resolutions related to Federal applications by the Councilitself-2 At the request of any delegate present, any question shall be determined by weightedvoting Weighted voting shall mean that each participating member local government shall have onevote for each 5,000 units of population, as determined by the most recent decennial census, and forany remaining fraction of 5,000, within the geographical boundaries of the participating government,except that any participating government whose jurisdiction has a population of less than 5,000 shallhave one vote Any weighted voting question shall be determined by a vote of two - thirds 23 ofthe aggregate votes of the members present and voting In weighted voting, the votes of each memberlocal government shall be cast by the elected delegates3 On a vote for which weighted voting as herein defined has not been called, any delegateshall be entitled to one vote, and it shall be counted to determine if the necessary number of voteshas been attained on the question before the Council4 Proxy voting is not allowedARTICLE IXOfficers1 At the first regular meeting of the Council, and annually thereafter, the Council shallelect a chairman, a vice chairman, a secretary, and a treasurer to serve for one year or until theirsuccessors have been duly elected The Council may also elect such additional officers as the Councilfinds to-be necessaryin the proper performance of its duties2 The chairman shall preside at all meetings of the Council and shall conduct said meetingsin an orderly and impartial manner so as to permit a free and full discussion by the membership ofsuch matters as may be brought to the Council The chairmanshall have the same voting rights asother members3 The chairman may appoint such advisory committees as he finds to be necessary ordesirable4 The vice chairman shall perform all of the duties of the chairman in the absence of thechairman, or in event of the inability of the chairman to act, and shall perform such other dutiesas the Council may delegate to him5 All other officers elected by the Council shall perform such duties as may be prescribedby the Council366June 19, 1972 ContARTICLE XFinance Matters1 On or before the 15th day of April each year, the Council shall prepare and submit to eachparticipating governmental unit its proposed general budget for the next fiscal year commencing July_12 The general budget shall set out the proportionate share of the budget to be borne by eachgovernmental,unit, with the per capita based on the latest decennial census share for each membergovernmental unit being the same3 A special budget providing for cooperative arrangements or coordinated actionf or two ormore members may be adopted at the request of members particiapating in special functions The shareof the special budget to be borne by each participating member shall be determined by the participatingmembers4 Upon approval of its share of each budget by a member local government, such member shallappropriate its share of the budgets and, after adoption of its own budget, shall forward to the CouncilTreasurer its share of the budgets5 All local appropriations to the Council shall be made in accordance with the Municipalor County Fiscal Control Act, as may be appropriate,6 The treasurer shall have authority to collect, deposit, and disburse funds made availableto the Council from any source whatsoever The treasurer of the Council shall, before entering uponhis duties, post a surety bond and conditioned upon the faithful discharge of his duties in an amountand form fixed by the Council All monies received for the Council shall be deposited into a separatebank account, shall be earmarked for the use of the Council, and shall be paid out on checks signed bythe accountant and countersigned by the treasurer or chairman of the Council The countersigning officershall countersign such checks only when they are within the amount of appropriations made according tothe budget of the Council7 The Council may designate a Council employee or with the agreement of the governing bodyinvolved, designate one of the City or County Accountants as the official Council Accountant to performthe function of the City or County Accountant under the Municipal or County Fiscal Control Act insofaras post - budget approval of expenditures is concerned8 It shall be the duty of the Council to require the books and accounts of the treasurer ofthe Council to be audited annually by a certified public accountant or by a public accountant registeredunder Chapter 93 of the General Statutes A copy of the annual audit shall be forwarded to each membercounty and municipalityARTICLE XICommittee Structure1 The Council may establish an Executive Committee, other committees of the Council itself,and technical and advisory committees2 Executive Committee The executive committee, if creatediby the Council, shall consist ofthe Chairman of the Council and two delegates from each county The Chairman shall serve as a votingdelegate and will fill one of his countys allotted seats on the executive committee All delegates onthe executive committee except the Chairman shall be selected by a caucus of the Council delegatesrepresenting each governmental unit within each countyThe executive committee shall be authorized to act for the Council on all matters other than theadoption of the budget, the adoption of the annual program of work, and the approval of resolutionsrelating to federal applications to be considered by the Council itself3 Technical and Advisory Committees The Chairman may appoint technical or advisory committeewith broadly representative membership for any of the planning studies and work elements in the Programof Work These Committees should work directly with the Council staff and its consultants and makeperiodic reports to the Council In addition to reviewing periodic progress reports, these advisorycommittees should directly participate in the planning processThese committees may consist of up to fifteen members and shall be chaired by a member of theCouncil They should not be composed only of executive directors and administrative persons of, agenciesdirectly affectedThe Council shall commission these committees with the responsibility of advising on theindividual studies and reporting to the Council on their progress and final recommendationsARTICLE XIIAnnual Report The Council shall prepare and submit an annual written report of its activities,including a financial statement, to the participating governmental units4_fJune 19, 1972 ContARTICLE XIIIPowers, Duties and Responsibilities of the Council The Council, within the limitations of fundsand personnel provided by the participating governmental units and others, has the following powers,duties, and responsibilities1 To study governmental problems common to the governmental units within Region J as theCouncil deems appropriate; including but not limited to matters affecting health, safety, welfare,education, economic conditions, regional planning, and regional development;2 To promote cooperative arrangements and coordinated action among the participatinggovernmental units and others;3 To make recommendations for review and action to the participating governmental units andother public agencies which perform functions within Region J with respect to matters affecting thesaid region;4 To serve as an informational clearinghouse and, as a reviewing °agency, with respect tofederal, state, and local services or resources available to assist in the solution of problems;5 To request and receive contributions of research assistance from its own agencies, privateresearch organizations, civic foundations, institutions of higher learning and other organizations; toreceive and use or expand, in accordance with the provisions of this charter, any aid or assistance,monetary or otherwise, which is contributed to the Council from any public or private source, providedthat such expenditures must be in accordance with approved budgets;6 To contract with the State of North Carolina and the United States of America, or any agencythereof, for services,;7 To employ personnel, purchase equipment, rent office space and enter into contracts-to theextent that such activities are authorized by general or special budgets and are within the limits offunds appropriated for the Council by the participating governmental units and others for such purpose;8 To perform and carry out such other powers, duties and responsibilities as may be authorizedby Chapter 160A, Article 20, Part 2 of the General Statutes of North Carolina, except insofar as thesame may conflict with the provisions of this Charter;9 To adopt, amend or repeal by two - thirds vote such rules, regulations, and bylaws relatingto the procedures to be followed by the Council as the said Council shall find to be appropriated; and10 To act as the official reviewing agency of the participating governmental units for allprograms, federal, state or private, requiring regional reviewARTICLE XIVAmendments Amendments to this Charter shall become effective when adopted by resolution oftwo - thirds 23 of the participating governmental units in the Council of Governments ARTICLE XVDissolution The Council may be dissolved at the end of any fiscal year only 1 upon theadoption of a dissolution resolution by the governing bodies of all member governmental units, or 2the withdrawal form the Council of all but one of the member governmental units If such dissolutionis effected by resolution of all member governments, such resolutions shall specify the method ofliquidating the Councils assets and liabilities If such dissolution is occasioned by withdrawal ofall but one member, the remaining governmental unit shall have the power to liquidate all assets andliabilities and it shall then distribute the net proceeds, if any, to those members who paid the latestannual assessment and in the same proportion Any deficit shall be the responsibility of those membergovernments who would have received the net proceeds, and in the same proportions6 Adoption of Budget TentativelyThe Board of County Commissioners continued their study of budget requests and in conclusion,Commissioner Frank B Holding moved that the following resolution be adoptedWHEREAS, W H Britt, Auditor, has presented to the Board the estimated budgets for the countyand schools, respectively, for the fiscal year 1972 -1973;THEREFORE, did order that the county and schools budgets for the year 1972 -1973 be acceptedtentatively, and the tax rate for 1972 -1973 be accepted tentatively at the rate of 189 per hundred,which is distributed as followsGeneral Fund 1651Special Funds 3682Welfare Fund 2889Debt Service Fund 0500Revaluation Fund 0050General School Fund 6300Vocational and Special Funds 3500Technical Institute Fund 0328TOTAL COUNTY WIDE RATE 189X68June 19, 1972 ContFire DistrictsArcher Lodge Fire District 1500Micro Fire District 1500Beulah Fire District 0800Boon Hill Fire District 1000Commissioner Norman C Denning seconded the motion which was carried unanimouslyUpon a motion by Commissioner Frank B Holding and duly seconded by Commissioner Freddie Adamsthe Board adjournedrin Bailey, ChairmanEleanor N Creech, erk