September 4, 1984 - 10:00 AM - County Board of Commissioners Meeting Minutes

Meeting of Board of Commissioners for Johnston CountySeptember 4, 1984The Johnston County Board of Commissioners met in regular session Tuesday,September 4, 1984, at 10 oclock am, in the Commissioners Room, Johnston CountyCourthouse, Smithfield, NC, with the following members presentNorman C Denning, Chairman, Frank B Holding, Vice Chairman, JamesW Cash, John M Booker, DVM, and Howard BentonAbsent NoneThe Chairman called the meeting to order and the following business wastransacted1 MinutesThe minutes of the August 6, 1984, board meeting stand approved as recorded2 General Assembly - Funds Allocated for Agricultural LaborSenator Bob Warren and Representative Barney Paul Woodard metwith theboard and presenteda check from the General Assembly in theamount of20,000They explained theNorth Carolina General Assembly realizing the financial strainon counties becauseof additional farm labor and the strain ofcountiesaffordingnecessary services;the North Carolina General Assembly hasappropriated thismoney to be usedat the Board of Commissioners discretionto helpalleviatesome of the problemsof additional agricultural laborers in JohnstonCountyThe Board of Commissioners was very appreciative and thanked SenatorWarren and Representative Woodard for their supportive efforts in making thisgrant possible3 Budget Amendment - Funds for Agricultural LaborUpon a motion by Commissioner Howard Benton, duly seconded by, CommissionerJames W Cash and carried, the following budget amendment was approvedRevenue State of North Carolina 1034348200 20,000Expenditure Migrant Indigent Care 20,000 4 Residential Treatment Center for FemalesCommissioner John M Booker moved the County Manager be authorized toissue a check in the amount of 46,49164 to the Veterans Administration toy purchasea house located at 405 Watson Street, in Selma, to be used as a residential treatmentcenter for alcohol ic- dependent females These funds to be al located from CountyABC Revenue, property to be titled to the Day by Day Treatment Center of JohnstonCounty, Incorporated, with a Deed of Trust to Johnston County Commissioner James W Cash seconded the motion which was carried byunanimous vote5 Resolution - Authorizing Social Services Director to Sign for Special Assistanceto the BlindRESOLUTION OF THE BOARD OF COMMISSIONERS OF JOHNSTON COUNTYIt is HEREBY RESOLVED by the BOARD OF COMMISSIONERS OF JOHNSTON COUNTY,NORTH CAROLINA, in a meeting held at 10 oclock am, September 4, 1984, that1 The person serving presently or in the future in the capacity of Directorof Social Services for Johnston County is hereby empowered with and assignedall the authority and duties, pertaining to Aid to the Needy Blind, asare conferrable upon the said Director under North Carolina General Statute111 -35 which is as follows§111 -35 Authority of Director of Social Services - -The respective boardsof County Commissioners of each county are hereby authorized to empowerand confer upon the county Director of Social Services for their respectivecounties the authority to perform any or all acts or functions which theprevious sections of this Article direct or authorize the county board ofcommissioners to perform Any act or function performed by a county directorof Social Services under the authority of this section shall be reportedby him to the respective county Board of Commissioners for its review4September 4, 1984 Continuedand for alternative action or disposition where deemed appropriate by suchboard Provided that the respective Board of County Commissioners shallmake no alternative or different disposition of a matter which the CountyDirector of Social Services is empowered to act upon which would prejudiciallyaffect the status of any aid to the blind recipient without first affordingsuch recipient reasonable notice and opportunity to be heard 1w971,c 348sl ??2 The authority and duties herein conferred and assigned are conferredupon and assigned to any person who is lawfully acting as the Directorwhen the functions of the Director are not being performed by a personofficially designated and holding the position of Director of Social ServicesUpon motion of Frank B Holding, seconded by James W Cash, the foregoingresolution was adopted and entered in the minutes of the Board this the 4th dayof September, 19846 Tax Administrator - Revaluation Schedulea Johnnie Stott, -Tax Administrator, talked with the board regarding thecounty revaluation schedule He explained the revaluation is to be effective asof January 1, 1987; and they need to be looking at a calendar of events for preparingfor start -up of the revaluation processCommissioner Howard Benton seconded the motion which was carriedIn reference to above request and interest by the board of county ownedproperty; the board asked the Tax Administrator to furnish them with a list ofproperty owned by the county through foreclosure c Leo Daughtry, Attorney, requested the Tax Administrator to ask thethe board for relief of interest and cost in the amount of 8226 for propertyhe had foreclosed on behalf of Carolina BankThe board took no action on this requestThe Chairman asked Johnnie Stott, Tax Administrator, and Kramer Jackson,County Manager, to make recommendations regarding tax information furnishedby the tax office personnel by telephone to attorneys It seems at times therecan be a misunderstanding by telephone of exactly what specific information theattorneys want or needsd RailroadIn discussing a computerized revaluationsystem,Mr Stott advised theJohnnie Stott, Taxpresent system can not feasiblybe computerizedbecause the county is not mappedtheby parcel; and it would take aminimum of three years tomap the county A com-in Johnston Countyputerized system could mean anin- house revaluation MrStott also advised theCarol ina, however,board that the revaluation cost ismore because thecounty isnot mappedthe attorneys forb Commissioner Frank BHolding movedthat a lot owned by the countyany further He alsoin Clayton Township Deed Book822, Page 194,Office ofRegister of Deeds berailroad assessmentsold; subject to Commissioner James W Cashsapproval;and in accordance withcan come up withcorrect legal procedure for sellingproperties foreclosed by thecounty for taxesCommissioner Howard Benton seconded the motion which was carriedIn reference to above request and interest by the board of county ownedproperty; the board asked the Tax Administrator to furnish them with a list ofproperty owned by the county through foreclosure c Leo Daughtry, Attorney, requested the Tax Administrator to ask thethe board for relief of interest and cost in the amount of 8226 for propertyhe had foreclosed on behalf of Carolina BankThe board took no action on this requestThe Chairman asked Johnnie Stott, Tax Administrator, and Kramer Jackson,County Manager, to make recommendations regarding tax information furnishedby the tax office personnel by telephone to attorneys It seems at times therecan be a misunderstanding by telephone of exactly what specific information theattorneys want or needsd RailroadSuit -W R Britt, CountyAttorney, andJohnnie Stott, TaxAdministrator, brieflydiscussedwith the boardtheRailroadSuit regarding thetax assessment of propertyin Johnston CountyThis suit was brought againstsome 28 counties inNorthCarol ina, however,somecountieshave settled MrBritt advised the board thatthe attorneys fortherailroad -will - not negotiateany further He alsotold theboard that at thispointit appears that the countysrailroad assessmentwill bereduced unless JohnstonCountycan come up withsome expert testimony7 Highway EngineerPaul Anderson, Assistant Engineer, North Carolina Department of Transportation,met with the board and reported on the Carolyn King road near Princeton; anda highway right of way at the end of Secondary Road #1222 Ms King has requestedthat the State take over and maintain this road The Highway Engineers afterlooking at the road has estimated a cost of approximately 7,000 to bring theroad up to State minimum requirements to be put on the State Secondary RoadSystem for maintenanceiiIjtember 4, 1984 ContinuedPaul Anderson will be retiring at the end of this month The Board ofCommissioners commended Mr Anderson and thanked him for the many years ofdedicated and devoted service he has rendered to the State of North Carolinaand Johnston County8 Bentonville Fire Department - State Requested to Pave Drive -waysCommissioner Frank , B Holding moved that the State Highway Departmentbe requested to pave the driveways at the Bentonville Fire DepartmentCommissioner John M Booker seconded the motion which was carried byunanimous vote9 Industrial Revenue Bonds- Fieldcrest Mills, 1ncCommissioner Norman C Denning introduced the following resolution thetitle of which was readRESOLUTION APPROVING ISSUANCE OF BONDS BY THEJOHNSTON COUNTY INDUSTRIAL FACILITIES AND POLLUTIONCONTROL FINANCING AUTHORITY FOR FIELDCREST MILLS, INCWHEREAS, The Johnston County Industrial Facilities and Pollution ControlFinancing Authority the Authority has agreed to assist in the financing underthe North Carolina Industrial and Pollution Control Facilities Financing Act theAct ,of an industrial project by Fieldcrest Mi I Is, Inc in Johnston County; andWHEREAS, the Authority to issue its industrial Revenue Bond FieldcrestMiIISi, Inc Project the Bond in the principal amount of 1,300,000 and sellsuchbond to Wachovia Bank Trust Company, NA; andWHEREAS, under NCGS S 159C -4 the issuance of bonds under the Act mustbe approved by the governing body of the county in which the project to befinanced under the Act is located; andWHEREAS, this Board has previously held a public hearing with respectto the Bond and approved in principle the project to be financed with the Bond;NOW, THEREFORE, the Board of Commissioners of Johnston County, meetingin regular session at Smithfield, North Carolina, on September 4, 1984, do thefollowingBE IT RESOLVED BY THE BOARD OF COMMISSIONERS FOR THE COUNTY OFJOHNSTONIncandpass4The issuance of the Authoritys Ind strial Revenue Bond Fieldcrest Mills,Project in the principal amount of 1,30,000 is hereby approvedCommissioner Frank B Holding moved the passage of the foregoing resolutionCommissioner James W Cash seconded the motion -, and the resolution was?d by the following voteAyes Commissioners Norman CCashb Howard Benton and John M Booker, DNays NoneNot voting None10 Subdivisions Approveda Upon the recommendation of theJames W Cash moved that the Bear Treeowner Lewis R Wilson, located SR 1003, 2W i I ders Township, 2 lots, be approved anthe platnning, Frank B Holding, James WCounty Planning Board, CommissionerRun Section 1, Lot # 3, Subdivision,n i l es north of Old Percy Flowers Store,J the Chairman authorized to executeCommissioner Howard Benton seconded the motion which was carriedsioner b Up on recommendation of the Couht y _PR annin g Board , CommisFrank B Holding moved that Lynnfield Village, owner Linwood and Betsy Byrd,located 1010, one fourth mile east of Wake County Line, Cleveland Township,7 lots, Phase I, be approved and the Chairman authorized to execute the platCommissioner James W Cash seconded the motion which was carriedI462September 4, 1984 Continued c Upon, the recommendation of the County Planning Board, CommissionerJohn M Booker moved that the Erminia Creech Norman Subdivision, located 2310,one -half mile south of Highway 70, 1 lot, Phase 11, Boon Hi l I Township, be approvedand the Chairman authorized to execute the platCommissioner Frank B Holding seconded the motion which was carriedIII 01 d Talton Property - Landscaping and Parking PlansTom Moore, Ragsdale Consultants, met with the board and presented adrawing for landscaping and a parking area for the Old Talton property; cornerof Johnston and Third StreetsAfter review and discussion, Commissioner Frank B Holding moved thatthe County Manager be authorized to proceed with the clearing, landscaping andpaving proJects for the county property old Talton property at the corner ofJohnston and Third StreetsCommissioner James W Cash seconded the motion which was carried12 Park i nq on Johnston Street _The Boardof Commissioners asked theCountyManager and the Engineerto talk with theTown of Smithfield to seeif theywould consider eliminationof parking spaceson the south side of JohnstonStreet inthe 200 block13 Water Line to PrincetonThe board discussed the water line to Pine Level with regard to waterstanding in the line and the water becoming stagnant The board asked the CountyManager and the engineers to talk with Princeton officials to try and determinewhat their needs will be before the county decides on the size of line to runto PrincetonCommissioner Howard Benton seconded the motion which was carried unan-imouslyThe board also spoke to the County Attorney regarding easements to Princetonfor the water linei14 Recreation Grant Applications ApprovedUpon a motion by Commissioner James W ,Cash,,, seconded by - CommissioneriHoward Benton and carried, the following Revenue Sharing Recreation Grant Applicationswere approved for 1984 -1985 in the following amountsTown of Four Oaks 2, 000Meadow Athletic Association 2,000Meadow School PTA 2000Town of Ken I y 27000Town of Pine Level 2,000Bentonville Fire Department 2,000American Legion Baseball 2,000Clayton Community Recreation Foundation 2,000Clayton Parks and Recreation 17920Harrison Jr High School 1,200Pine Level Booster Club 1 , 200North Johnston Panther Club 1980North Johnston School PTA 1,98015 Appointment - Emergency Medical Services Council - Triangle J - COGUpon a motion by Commissioner Howard Benton, duly seconded by CommissionerJames W Cash and carried, the following appointments were made to the TriangleJ COG Emergency Medical Services Council for two year terms to begin immediatelywith an expiration date of June, 1986;DeWayne West Consumer DelegateHuitt Reep Hospital DelegateJohnston County Planner Local Government_ DelegateAl Gaski ll Provider Delegate16 Appointment - Library Board of TrusteesCommissioner Frank B Holding moved that Mrs Ellen Taylor, 616 HancockStreet, Smithfield, NC, be appointed to the Board of Trustees of the Public Libraryof Johnston County and Smithfield for a three year term, with an expiration dateof June, 1987Commissioner Howard Benton seconded the motion which was carried unan-imouslySeptember 4, 1984 ContinuedThe board instructed the County Manager to adjust other recent appointmentsto the Library Board of Trustees to three year terms17 Appointment - ABC BoardCommissioner Howard Benton moved that J E Rogerson, Kenly, NC, bereappointed to the Johnston County Alcoholic Beverage Control Board for a threeyear term effective September, 1984Commissioner James W Cash seconded the motion which was carried byunanimous vote18 Appointments - Citizens Involvement CouncilUpon a motion by Commissioner James W Cash, duly seconded by CommissionerFrank B Holding and carried, the following appointments were made to theJohnston County Citizens Involvement Council for two year terms effective September,1984;Madlyn Watson, Kenly, NC; Helen F Booth, Four Oaks; and Polly Cantrell,Clayton, NC19 Inter -Local Government Agreement - Johnston County and Town of KenlyUpon a motion by Commissioner Frank B Holding, duly seconded by Com-missioner John M Booker and carried by unanimous vote, the following Inter -LocalGovernment Agreement was adoptedNORTH CAROLINACOUNTY OF JOHNSTONINTER -LOCAL GOVERNMENT AGREEMENTTHIS AGREEMENT entered ;into this 4th day of September, 1984, by andbetween THE COUNTY OF JOHNSTON,, hereinafter referred to as County , andTHE TOWN OF KENLY, hereinafter referred to as Town , pursuant to the termsof Article 20 of Chapter 160A of the North Carolina General StatutesWHEREAS, County and Town wish to cooperate for the construction andupgrading of the Kenly Wastewater Treatment Facility which will provide wastewaterservices to the Town of Kenly; andWHEREAS, provision of additional sewer services is essential for the futuregrowth of the Town of Kenly; andWHEREAS, the proposed expansion would enable the Town of Micro to sendwastewater to the Kenly facility and would also accommodate North JohnstonHigh School, if need should arise; andWHEREAS, industrial growth in the Kenly-Micro area would greatly benefitfrom the expansion and upgradingof the wastewater treatment facilitiesNOW, THEREFORE, in consideration of the mutual promises and covenantscontained herein, County and Town mutually agree as follows1 The Kenly Wastewater Treatment Facility, hereinafter referred to asthe Project , will be constructed and upgraded pursuant to the terms of thisagreement The project wi I I have a total capacity of 600,000 gallons per daywhen completed2 Engineering services for the project will be provided by the Town,and shall include engineering design of the proposed facilities, preparationof detai led construction plans and specifications, property surveying, testing,inspection and administration to include supervision of construction The Townwill obtain any and all easements necessary for said constructions3 In accordance with plans and specifications developed for the project,the Town, in i t s own name, w i l l advertise for bids and award contracts forthe construction of the project4 The Town will acquire rights -of -way necessary to carry out the projectIt is specifically understood that the Town will, if necessary, undertake con-demnation proceedings, in - its own name, and at its own expense, to acquiresaid property rights Town agrees to allow the use of its property and rights -of -wayowned or controlled by it for the purposes of the project if engineering designcalls for the use of any such property5 Ownership of the completed project will be in the name of the Town464September 4, 1984 Continued6 The primary purpose of this agreement and all convenants and promiseshereunder is to obtain the Towns share of the Environmental Protection AgencyGrant under the 201 Project This will assist Town in paying for approximatelyone -half of the project cost of approximately 27000,00000i7 County will grant or advance to Town the maximum sum of 301,00000per year for fiscal years beginning July I, 1984, 1985, and 1986, to help theTown pay for one -half of the total project cost18 Subject to available revenues from the enterprise fund, the Town willappropriate 78,72766 annually beginning July I, 1987, with the final appropriationbeing made no later than June 30, 2006i9 Town covenants that it will, to the extent possible with availableenterprise revenues, appropriate funds provided for under this agreement TheTown will act diligently and in good faith to obtain the funds necessary to fulfillits obligations hereunder and to budget same in each of the fiscal years necessaryto complete the payments required under this contract Should the revenues necessaryfor this purpose be unavailable Town will notify County during the first 30 daysof the fiscal year within which said revenues are unavailable It is expresslyunderstood that the Town does not pledge its taxing power to fulfill the obligationsunder this agreement, and that all covenants herein are subject to availablerevenues10 Title to the project shall remain with Town throughout the terms ofthis agreement12 Town covenants and agrees to abide by all federal, state and locallaws and ordinances governing the operation of wastewater treatment facilities13 This agreement may be amended or terminated only upon the mutual Iagreement of all parties hereto, and shall expire by its own terms on June 30,2006BY Norman C Denning, ChairmanJohnston County Board ofCommissionersATTESTEleanor N Creech, Clerk20 Resolution - Special Order by Consent Discharge Regional WastewaterFacilitiesRESOLUTION TO REQUEST A SPECIAL ORDER BY CONSENTCommissioner Howard Benton motioned to adopt a Resolution authorizingthe County Manager to request a Special Order by Consent for increasing thepermitted daily volume of discharge from the Central Johnston County RegionalWastewater Faci I i tes from 22 mgd to 40 mgd; and further to authorize the CountyManager to sign all documents relating thereto; and further to approve the schedulefor improvements as outlined in the letter attachment dated August 13, 1984, addressedto Mr Robert F Helms, Director, Division of Environmental ManagementThe approval of the Resolution was seconded by Commissioner James WCash with all five Commissioners voting in favor of its adoption21 Social Services Board Members Per Diem IncreasedCommissioner Frank B Holding moved that the per diem for Social ServicesBoard members be increased to 2500 per meeting effective July 1, 1984, in concurrencewith the recommendation of the Social Services BoardCommissioner Howard Benton seconded the motion which was carried byunanimous vote11 Townshall exercise controland authorityover the provisions of sewerserviceand anycondition ofservice toits sewer customers within Towns corporatelimitsand service area IfTown hasavailable asufficient source and supplyof sewerserviceor if the Town canmake adequatearrangements therefor, thenTownshall notdeny sewerservice to any customer located within the Townsservicearea ifthe potentialcustomerobtains Townapproval for the provisionof sewer services12 Town covenants and agrees to abide by all federal, state and locallaws and ordinances governing the operation of wastewater treatment facilities13 This agreement may be amended or terminated only upon the mutual Iagreement of all parties hereto, and shall expire by its own terms on June 30,2006BY Norman C Denning, ChairmanJohnston County Board ofCommissionersATTESTEleanor N Creech, Clerk20 Resolution - Special Order by Consent Discharge Regional WastewaterFacilitiesRESOLUTION TO REQUEST A SPECIAL ORDER BY CONSENTCommissioner Howard Benton motioned to adopt a Resolution authorizingthe County Manager to request a Special Order by Consent for increasing thepermitted daily volume of discharge from the Central Johnston County RegionalWastewater Faci I i tes from 22 mgd to 40 mgd; and further to authorize the CountyManager to sign all documents relating thereto; and further to approve the schedulefor improvements as outlined in the letter attachment dated August 13, 1984, addressedto Mr Robert F Helms, Director, Division of Environmental ManagementThe approval of the Resolution was seconded by Commissioner James WCash with all five Commissioners voting in favor of its adoption21 Social Services Board Members Per Diem IncreasedCommissioner Frank B Holding moved that the per diem for Social ServicesBoard members be increased to 2500 per meeting effective July 1, 1984, in concurrencewith the recommendation of the Social Services BoardCommissioner Howard Benton seconded the motion which was carried byunanimous voteSeptember 4, 1984 Continued22 Architect Committee ReportKramer Jackson, County Manager, Commissioners Frank B Holding andJames W Cash, members of a committee appointed by the Chairman to select architectsto be interviewed by the full board for the design of a new county jail andadministrative building presented and reviewed a list of interested architecturalfirms and recommended four firms to be interviewedThe board set the date of September 17th, 7 oclock pm, to interviewthe selected architectural firmsEXECUTIVE SESSIONAt this time 150 pm, Commissioner John M Booker moved to recess RegularSession and go into Executive Session to consult with the County Attorney regardingthe validity settlement, or other disposition of a claim against the public bodyCommissioner Frank B Holding seconded the motion which was carriedREGULAR SESSIONCommissioner John M Booker moved that Executive Session be closed andthat the board go back into Regular SessionCommissioner Frank B Holding seconded the motion which was carriedUpon a motion by Commissioner John M Booker, duly seconded by CommissionerFrank B Holding and carried, the board recessed until Monday, September 17,1984, at 7 oclock pm1Norman C Denning, ChairmanEI anor N CreechC1 rk to the Board465DetailsAnnotationsEntry PropertiesModified11192013 34128 PMCreated4172003 125653 PMTemplateMinutesFieldsMinutes - TypeRegularMinutes - Date941984Book17