April 2, 1973 - 11:00 AM - County Board of Commissioners Meeting Minutes

April 2, 1973 - Regular1 7Fit widthMeeting of Board of Commissioners for the County of JohnstonApril_ 2, 1973The Johnston County Board of Commissioners met in regular session in the Commissioners Roomof the Johnston County Courthouse, Smithfield, North Carolina, April 2, 1973, at 1000 oclock am,with the following members presentNorman C Denning, Chairman, Frank B Holding, Freddie Adams, Howard Benton and Hoyt CastleberryMembers Absent Nonek _Commissioner Hoyt Castleberry opened the meeting with prayerThe following business was transactedl Road Petition - S R # 1192 and 1193Mr Bobby Langston, F C Thornton and other property owners on S R # 1192 and S R # 1193in Bentonville Township appeared before the Board petitioning that these roads be pavedThe Board discussed the condition of these roads and explained the State Highways priorityrating of these roads which is 45 1192 and 141 1193 and that its the State Highway Commissionsdecision when it comes to road improvements and pavingCommissioner Frank B Holding moved that these petitions be mailed to the North Carolina StateHighway Commission with the Boards recommendations and further that favorable consideration be givenfor maintenance and up- grading of these roadsCommissioner Hoyt Castleberry seconded the motion which was carried2 Letter of AppreciationChairman Norman C Denning introduced and read the following letter of appreciationThe Honorable Board of CommissionersCounty of JohnstonSmithfield, North CarolinaGentlemenI would like to express my deep appreciation for your consideration in hiring meas ,a Deputy Tax Collector for Johnston CountyI want to assure you that I will do my very best to fill the expectations of thisposition I shallstrive to do my duty at all timesWith kind personal regards, I remainYours very truly,Millard B PeedinMBP3 Expenses - County Fire Marshall Commissioner Hoyt - Castleberry moved that M J Oliver, County Fire Marshall be reimbursed forout -of- county expenses incurred in the amount of 11809Commissioner Howard Benton seconded the motion which was carried4 ReportsThe following reports were filed with the BoardC W Tarlton Extension ChairmanM W Knott Electrical InspectorHarper Godwin Tax CollectorRubert C Barbour Dog WardenLibrary Written ReportWilson Broadwell Civil DefenseMr M W Knott, Electrical Inspector, in making this monthly report, advised the Board ofCommissioners to start thinking about a full time county inspections office possibly located in theCourthouse to handle electrical, plumbing and building inspections Mr Knott stated that his workwas really getting heavy, almost more than he could handleThe Board indicated an interest in Mr Knotts suggestions, but took no official action atthis timeM418April 2, 1973 Cont5 Grand Jury ReportThe Grand Jury meeting in special session had 16 Bills of Indictment for considerationAfter careful consideration 15 bills were passed as true bills consisting of l murder, 5uttering forged check, 4 forgery, 3,false pretense, l assault with a deadly weapon inflicting seriousinjury, l possession of a controlled substance with intent to distributeOne bill of breaking and entering and larceny and receiving was ruled as not a true billWe wish to extend our appreciationf or the assistance of the Sheriffs Department and otherlaw enforcement departments and to Deputy Sheriff Fulton MooreWe also wish to express our thanks to the Honorable Judge E Maurice Braswell for hisassistance andinstructions to the Grand JuryCharles E HolmesForeman6 Minutes ApprovedThe Board-of Commissioners reviewed the minutes of the Board meeting of March 5,,1973Commissioner Howard Benton moved that the minutes of the above meeting be approved as recordedCommissioner Hoyt Castleberry seconded the motion which was carried unanimously7 Road Petition - S R # 2134MrLester Dixon and Mr Fletcher Vann appeared before the Board requesting help in gettingS R # 2134, priority number 179 paved Mr Dixon stated to the Commissioners that this road hasretained top priority for the past few years and he could not understand why it has not been up forpaving Commissioner Holding and the Board in discussion advised that paving was delayed because theState Highway Commission was unable to secure right -of- way of all property owners at the time it heldtop priority and came up for paving The Board further explained that in a case like this the StateHighway Commission had no choice but to skip this priority and move to the next one ,Mr Dixon stated that he believes right -of -ways can be obtained nowThe Board advised Mr Dixon and Mr Vann that they would talk to the District Engineer aboutthis road S R # 21348 Resolution - Schedule B LicensesUpon the recommendation of Harper Godwin, Tax Collector, Commissioner Frank B Holding movedthat the following resolution be adoptedWHEREAS, it is provided in Chapter 158,`Public Laws of 1939, in an act entitled Revenue Actof 1939 , under Article II Section B, License Taxes of said Chapter, as amended, that the countiesof North Carolina or any of them may impose and levy a county license or privilege taxes for theprivilege of carrying on the business exercises, exercising the privilege of doing the act named therein,beginning June 1, 1973 and ending May 30, 1974;WHEREAS, the County of Johnston, a body corporate and politic in the State of North Carolina,by and through its Board of Commissioners, desires to impose and levy said licenses and privilege taxesin Johnston County for the said tax year 1973 -1974, in strict accordance with the provisions of saidArticle II, Schedule B; and to impose and levy said taxes, and to require reasonable reports fromdistributors in order to make the tax levy and collection effective, in amounts to full extent andlimit authorized under said Article II, Schedule BNOW THEREFORE, did resolve; that the Board of Commissioners of Johnston County do hereby imposeand levy in and for the County of Johnston, North Carolina, for the tax year beginning June 1, 1973,and ending May 31, 1974, licenses and privilege taxes provided forand authorized under the privisionsof Article II, Schedule B, of Chapter 158,,Public Laws of 1939, as amended,and which under saidArticle the Counties of North Carolina are authorized and empowered to impose and levy, collect andrequire reasonable reports fromdistributors in order to make the tax levy and collection effective;and did resolve further, that said Board,ofCommissioners does hereby impose,levy and requirereasonable reports from distributors in order to make the tax levy and collection effective in amountsto the full extent and limit authorized under said Article II, Schedule BCommissioner-Howard Benton seconded the motion which was carriediriApril 2, 1973 Cont9• Addition - Health DepartmentMrs Helen Ray, Acting Director, and John Dail, Board Member, Johnston County Health Department,appeared before the Board of Commissioners with prepared plans for a two -story addition to the HealthDepartment Building, these plans prepared by Harry McGee, Architect Mrs Ray advised the Board of theincreased number of people coming in to the Health Department for clinician services, clinic load hasdoubled in the past few years Mrs Ray further stated that she feels the citizens of our countyreceive better services by coming in to the clinics rather than having field services Mayor Dailstated that the county Health Department is running out of space It was noted that the estimatedcost of the present plans for expansion is 87,000Commissioner Holding commented that the Health Department needed remodeling as well as expansionof the present building and asked if the plans included this - Mrs Ray advised that the plans did notinclude remodeling, but agreed that it needed to be doneThe Board received these recommendations very favorably, stating that Johnston County has thebest Public Health service that it has had in a long time, but took no action pending further study ofthe plans, stating it may be a good revenue sharing project10 Road Request - S R # 1361Roscoe Barefoot, Attorney, Benson, North Carolina, appeared before the Board in behalf of propertowners on S R #1361, Elevation Township requesting that this road be pavedThe Board explained to Mr Barefoot that the priority rating of this road is 143 The Boardapproved mailing a petition, however, Mr Barefoot failed to present or leave a petition with the Clerk11 Revenue Sharing IntentionsW H Britt, Auditor, appeared before the Board and advised that a resolution had to be passedstating the intentions of expenditures of the next two payments of revenue sharing money before thecounty would receive the checks of approximately 420,000, these checks due now and by July 1, 1973The Board deferred action on this matter until Monday, April 9, 1973112 Report from James C Woodard, Clerk of Superior Court- Fines, Forfeitures and Facility FeesAs requested by the Board of Commissioners, James C Woodard, Clerk of Superior Court, presenteda report of facility fees, fines, forfeitures, officers fees and jail fees collected since December of1968, new Court Reform The Board seemed very well pleased with this report13 West Smithfield Sanitary District - Sewer System EndorsementCommissioner Frank B Holding advised the Board that the West Smithfield Sanitary District wasapplying for a loan through the Farmers Home Administration to help finance a sewer system in WestSmithfield and that the West Smithfield Sanitary District Board of Commissioners was requesting theendorsement of the County Board of CommissionersCommissioner Frank B Holding moved that a letter of endorsement be written to this effect tothe FHA and that Chairman Norman C Denning be authorized to sign sameCommissioner Freddie Adams seconded the motion which was carried unanimously14 Resolution - Johnston County Water SystemCommissioner Howard Benton moved that the following resolution be adopted Commissioner FrankB Holding seconded the motion which was carried RESOLUTION JOHNSTON COUNTY WATER SYSTEMFORSMITHFIELD, FOUR OAKS, BENSON, AND JOHNSTON COUNTYWHEREAS, the Towns of Smithfield, Four Oaks, Benson and the County of Johnston have agreed toprovide a water main and booster pumping stations to deliver water from the Smithfield water system southalong U S Highway 301 to the Towns of Four Oaks and Benson and the rural areas in between, andWHEREAS,THE County of Johnston has agreed to be the agency to apply for State and Federal grantsand to handle the financing and the construction of the project and this is agreeable with the threemunicipalities, andWHEREAS, after completion of the construction of the project and acceptance by Johnston County,the parties hereto agree that Johnston County will turn over the ownership, operation, maintenance, andexpansion of the sytem to the three municipalities with the delineation of the sections of the systemto be maintained by each municipality to be in general as shown on the Preliminary Engineering Reportprepared by L E Wooten and Company, Consulting Engineers, Raleigh, North Carolina, dated October 1971,andWHEREAS, the three municipalities do hereby agree to assume the responsibility of operation,maintenance, and expansion of their respective portions of the water system;440April 2, 1973 ContNOW, THEREFORE, the parties to this contract do hereby agree to the provisions contained hereinby their adoptionof this Resolution on the dates indicated belowATTEST • TOWN OF SMITHFIELDN G EdgertonDATE 3 -30 -73ATTESTCarolyn DenningDATE 3 -30 -73ATTESTDavid E BarbourDATE 3 -30 -73ATTEST,Eleanor N CreechDATE March 29, 197315 New Streets at Hospital - Town SystemJohn J DailMayorTOWN OF BENSONWhitley Hood -_— - - MayorTOWN OF FOUR OAKSR Sherwood ParkerMayorCOUNTY OF JOHNSTONNorman C DenningChairmanCommissioner Frank B Holding moved that the Board of County Commissioners, in concurrence withthe Johnston Memorial Hospital Board of Trustees, request the Town of Smithfield to abandon and closesections of the streets involved in the new paving and parking projects at Johnston Memorial Hospital,and place the new streets on the Town system for maintenance as shown on the blueprints and describedin the specifications of the new parking areas now under construction on the hospital grounds,Commissioner Freddie Adams seconded the motion which was carried unanimously16 Dog Warden Help During Clinics - Salary IncreaseRubert C Barbour, Dog Warden; asked the Board of Commissioners for consideration ,of increasingthe salary of his helper during the vaccine clinics, -which last about 62 weeks, from 10 a day to 15a dayAfter discussion, Commissioner Hoyt Castleberry, moved that the salary of the Dog Wardenshelper during vaccine clinics be raised from 10 a day to 15 a dayCommissioner Frank,B Holding seconded the motion which was carried by the following voteAye Hoyt Castleberry Nay Freddie AdamsFrank B HoldingHoward Benton17 Funds Appropriated Johnston County Drainage District Moccasin CreekAttorney Craig Jones, Floyd C Price, Jr, and James R Stallings, appeared before the Boardrequesting funds from the county to help maintain the Johnston County Drainage District Mr Jonesadvised the Board that the district has no funds for maintenance and they do not want to reassess theproperty owners to pay for maintenance Mr Stallings stated that the drainage ditch from Selma toHolts Pond had helped drain streams and improve the land, but they were going to lose it if somethingwas not doneThe Board wanted to know if the drainage district could ever become self- supporting Mr Jonesstated that it could, maybe, in another eight to ten years when there was enough money to pay off theprincipal and interestAfter discussion, Commissioner Frank B Holding moved that 3,500 be transferred from theContingent Fund of the General Fund and appropriated to the Johnston County Drainage District #1 FundMoccasin Creek for maintenanceCommissioner Hoyt Castleberry seconded the motion which was carried unanimously18 District Engineer - State Highway CommissionPaul Anderson, District Engineer, State Highway Commission met with the Board and discussedseveral road petitions that had been presented The Board referred to S R # 2134 which has a prioritynumber of 17, inquiring if this road could be picked up, if the State Highway Department could, at thistime, secure right -of -way Mr Anderson advised the Board he would discuss this road with W H Pridgen,Assistant Division EngineerLfjIiy441April 2, 1973 ContMr R C Thornton, also meeting with the Board at this time, talked with Mr Anderson aboutS R # 2541 Mr Thornton stated that big heavy trucks traveled this road and that it is in verypoor condition, needs building up and maintainingMr Anderson advised that he would check this road at a very early date19 Board of Equalization and ReviewMr James C Woodard, Clerk of Superior Court, administered the Oath of Office to the Board ofEqualization and Review20 Sewer Line to New Industrial Park J Willie York PropertyThe Board of Commissioners was advised that J Willie York, Raleigh businessman, had plans fora new building near Clayton, adjacent to the Cutter site, and future plans for an industrial park atthis site Mr Hal Worth with York and Company asked the County Commissioners to extend a proposedsewer line that is to serve the Cutter plant an additional 11500 feet at,anestimated cost of 10,000to serve the new industrial building being erected by the York firmAfter discussion, Commissioner Hoyt Castleberry moved that the county extend the proposed sewerline that is to serve Cutter some 1,500 feet to the new industrial building to be erected by J WillieYork and Company of RaleighCommissioner Howard Benton seconded the motion which was carried21 County to Prosecute Welfare Fraud CasesMrs Edith Park, Director, Department of Social Services, appeared before the Board of CountyCommissioners and advised that the Social Services Board was recommending indictments of eighteen 18cases of Welfare fraud involving AFDC Aid to Dependent Children, payments Mrs,Park further explainedthat these recommendations resulted from a thorough review and examination of about 150 potential casesof fraud and all had been cleared or determined not suitable for indictment but these 18 cases Theserecipients had failed to furnish the department with correct-information on income earned; ?rh le receivingwelfare assistance The Board was advised that Johnston County was responsible for 37,335 in over-payments of AFDC casesThe Board discussed this at length with W R Britt, County Attorney and John Twisdale, DistrictSolicitor Mr Twisdale, explained the due process of law regarding court cases of this nature whichresulted in most of these cases being determined as a misdemeanorAfter a lengthy discussion, Commissioner Freddie Adams moved that the County seek indictmentsfor alleged fraud in all eighteen 18 cases reported to the Board of Commissioners as recommended bythe Social Services BoardCommissioner Howard Benton seconded the motion which was carried unanimously22 Radio Communications Contract Inquiry - James R DriverMr James R Driver of Richmond, Virginia, appeared before the Board inquiring about the countys-radio communications maintenance contract Mr Driver related that he was a licensed radio technicianand was very much interested in moving back to Johnston County and going into business for himself, andgetting the county maintenance contract would have a great bearing on his decision to come back toJohnston County However, Mr Driver explained that he would like the opportunity to bid on the countysmaintenance contract, if and when, the contract was up for biddingThe Board discussed this at length withMr Driver and explained that the county may or may notdesire to put their radio maintenance contract up for bidding and if they did it would not be desirableto award a maintenance contract to someone not located in this immediate areaCommissioner Frank B Holding moved that Commissioner Freddie Adams, Sheriff Rayford Oliverand Wilson Broadwell study this matter to determine whether or not the countys radio communicationscontract should be put up for bids and make recommendations to the Board at the next regular boardmeeting-Commissioner Howard Benton seconded the motion which was carried unanimously23 Johnston County Airport SiteJimmy R Flowers, Chairman, Johnston CountyAirport Authority, along with Tom Mooreand engineersappeared before the Board of Commissioners with report on the final- - planning stages of the, airportand with recommendations of a site chosen by the Airport AuthorityMr Flowers presented a drawn sketch of the proposed airport site and surrounding areas aspreliminary plans call for a park and possible industrial development, with preliminary plans leavingas many trees on the site as possibleMr Flowers explained that the Burkett -Jones locationnorthwest of Smithfield was the numberone choice and had been approved by the airport project engineers, Aviation System of Raleigh, theNorth Carolina Department of Archives and History and preliminary FAA approvalTom Moore advised the Board also that the projects runways flight plan would send planes overa section of the Whitley Heights sub- division and that a noise survey showed that this would not bedetrimental to residents in this sub- division Mr Moore further stated that plans called for a 3,700foot runway with room to expand in the future0 r- ml?April 21 1973 CoptIt was noted that options on this land 8urkett -Jones location owned by Wolf Summit CoalCompany of Raleigh and E J Wellons, Jr of Smithfield, had been renewed f or another year to allowtime to complete all planning of the airports development as required by FAA Federal AviationAdministrationAfter discussion, Commissioner Hoyt Castleberry moved -that the Board of Commissioners, assponsoring agency, concur with the Johnston County Airport Authority in its choice of the Burkett-Jones location, a 444 acre site, owned byWolf Summit Coal Company of Raleigh and E J Wellons, Jr,of Smithfield, located northwest of Smithfield along the southeast side of S R # 1501 between SwiftCreek and Reedy BranchCommissioner Freddie Adams seconded ;the motion which was-carried unanimously24 Director - Council for AgingMrs Sandra Rauerson, Director, Johnston County Council for the Aging, was introduced to theBoard by Commissioner Hoyt Castleberry Commissioner Castleberry was appointed to serve onthisCouncil representing the Board of County Commissioners25 Paul Keller - Johnston County Community ActionPaul Keller, Executive Director, Johnston County Community Action, again appeared before the •Board of Commissioners regarding the Area Manpower Council and money available to the State and countiesthrough this agencyMr Keller also asked the Board of Commissioners for financial assistance to keep the anti-poverty agency in operation, even though federal funds for community action projects has beenterminated MrKeller asked the Board for support in the amount of 10;000 for the next fiscal yearin order to continue several programs now in operation such as Head Start, Home Health and AlcoholicRecovery Program Mr,-Keller further stated that he needed this pledge of support by the May meetingso that the can secure federal approval to continue the Head Start programCommunity Action and other agencies in the State will ask for favorable legislation to authorizean appropriation to continue local community action programsThe Board took no action at this time on Mr Kellers request for county assistance26 Beer Sales In County to MinorsCommissioner Frank B Holding advised the Board that it had been called to his attentionthrough a meeting with the Johnston County Council on Alcohol and Other Drugs, and junior high schoolprincipals, that beer was being sold to-minors in Johnston CountyCommissioner Holding stated that this was very alarming and causing an alcoholism problem amongyoung teenagersAfter discussion, Commissioner Frank B-Holding moved that the Beer Division, North Carolina,Department of Alcoholic Beverage Control, Raleigh, North Carolina, be requested to make a comprehensiveinvestigation of the selling of beer to minors in Johnston County and further that a report of thefindings be sent to this BoardCommissioner Howard Benton seconded the motion which was carried unanimously27 Payment to Master Well and Builders, IncCommissioner Freddie Adams moved that Master Well and Buillders, Incorporated, be paid 66500invoice # 952 for drilling holes for soil test borings at the new proposed sanitary landfill siteCommissioner Howard Benton seconded the motion which was carried28 Jail Project - RenovationChairman Norman C Denning asked Commissioner Frank B Holding and Commissioner Freddie Adamsto talk with Sheriff Oliver about the Jail project renovation29 Al Broughton ComplaintAl Broughton appeared before the Board of Commissioners witha complaint that sufficient recordswere not being,kept in the county jail, pertaining to the release of surroundered prisoners by bondsmanMr Broughton stated that proper release records had not gone to the Clerk of Superior Courts Officefrom the County Jail, which he feels -was the responsibility of the Sheriff Mr Broughton furtherstated that due to this error he has paid the Court over 1,000 for bond forfeitures He feels that heshould not be held responsible for this cost since it would not have been necessary if second copiesof the bond releases had been sent to the-Clerks Office from the County Jail, The Board discussed this matter at length with Mr Broughton and advised him that the governingbody of the county has no authority to act on a matter of this nature, the Board has nothing to do withJudicial Offices such as the Clerk of Superior Court or the CourtsJohn Twisdale, District Solicitor, present at this time, stated that the Sheriff has committedno errors in this matter, if the bondsman ;can produce substantial evidence of errors ,he should bringthis action back before responsibility of proof of recommitment of prisoners 1 ies with the -bondsman rather than with theSherifft1;4,443Meeting of Board of Commissionersfor the County of JohnstonUpon a motion by Commissioner Frank t Holding and duly seconded by Commissioner Hoyt Castleberrythe Board recessed to meet again Monday, April 9, 1973, at 730 pm