August 1, 1983 - 10:00 AM - County Board of Commissioners Meeting Minutes

Meeting of Board of Commissioners - Johnston County, NCAugust 1, 1983The Johnston County Board of Commissioners met in regular session Mondays August 1,1983, at 10 oclock am, in the Commissioners Room of the Johnston County Courthouse,Smithfield, North Carolina, with the following members presentNorman C Denning, Chairman, Frank B Holding, Vice Chairman, James W Cash, HowardBenton and John M Booker, DVMMembers Absent NoneThe Chairman called the meeting to order and the following business was transacted1 MinutesThe minutes of the July 5, 1983, board meeting stand approved as recorded2 Quit -Claim Deed - Hattie Buie SandersWHEREAS, the Board of Commissioners ;of the County of Johnston at a regular meetingheld Monday, June 6, 1983, authorized the Chairman of the Board of Commissioners and the Clerkto execute a Quitclaim Deed to Hattie Buie Sanders for Lot # 7, in Block H, of the CharlesDavis property, surveyed and platted by E P Lore, CE, plat of which property is recordedin Plat Book 1, Page 100, of the Johnston County Registry; WHEREAS, it now appears that Lot# 9 in Block H of the Charles Davis property of record in Book 1, Page 100, of the JohnstonCounty Registry should be included and that proper amendment to the motion adopted on Monday,June 6, 1983, should be made to include said Lot # 9Upon motion by Commissioner Frank B Holding, and seconded by Commissioner James WCash, and after due consideration, it is now ordered that the Chairman of the Board ofCommissioners of Johnston County and the Clerk sign an additional Quitclaim Deed to HattieBuie Sanders for Lot # 9 in Block H, Charles Davis property, surveyed and platted by E PLore, CE, plat of which property is recorded in Plat Book 1, Page 100, Johnston CountyRegistry3 Bulk Container Site Near EmitThe County Manager reported to the board that Ragsdale Consultants, in surveying theproperty that the board is considering for a bulk container site, had learned of a propertyline dispute between Buck Adams and adjoining property owner J T Hocutt In discussion withLinwood Jones, Surveyor with Ragsdale Consultants, the board asked the County Manager andCommissioner Frank B Holding to visit with Mr Adams to see what they could work out regardingthis matter4 Signs - Welcome to Johnston CountyThe County Manager reported to the board that the Welcome to Johnston,County signswill cost 150 each, are approximately 42 x 76 in size and may be orderednthrough; the - Leagueof Municipalities The county will have to get permission from the North Carolina Departmentof Transportation for the signs to be placed on the highway right -of -wayAfter discussion, Commissioner Frank B Holding moved that the County Manager beauthorized to purchase four Welcome to Johnston County signs to be placed at each end ofHighway 70 and Highway 301 entering Johnston CountyCommissioner James W Cash seconded the motion which was carried by unanimous vote5 Subdivision — University HeightsUpon the recommendation of the County Planner, Commissioner Howard Benton moved thatUniversity Heights Subdivision, owned by M Durwood Stephenson, located SR 1940, approximately12 mile west of Live Oak Church, Selma Township, 8 lots, be approved and the Chairmanauthorized to execute the platCommissioner Frank B Holding seconded the motion which was carried by unanimous vote6 Subdivision - Green AcresUpon the recommendation of the County Planner, Commissioner James W Cash moved thatGreen Acres Subdivision, owned by Robert H Frances B Lupton, located off SR 1700, approxi-mately 12 mile west of Archer Lodge, Wilders Township, 9 lots, be approved and the Chairmanauthorized to execute the platCommissioner Frank B Holding seconded the motion which was carried by unanimous vote330August 1, 1983 Continued7 Subdivision - Harmony AcresUpon the recommendation of the County Planner, Commissioner James W Cash moved thatHarmony Acres Subdivision, owned by Way of Life Baptist Church, located SR 1104; adjacent toClemmons State Forest, Clayton Township, 6 lots, be approved and the Chairman authorized toexecute the platCommissioner Howard Benton seconded the motion which was carried by unanimous vote8 Flood Damage Prevention OrdinanceThe County Manager and County Planner advised the board that the county must adopt aFlood Damage Prevention Ordinance not later than September 30, 1983, or be denied floodinsurance through the Federal Government Flood Insurance Program The County Manager furtheradvised the board that the County Planner is preparing the new ordinance, and the board shouldset a date for the required public hearingThe board suggested and- authorized,a Public Hearing to be held at the regular boardmeeting in September, date of September 6, 19839 Bulk Container SitesHarold Blizzard, County Planner and Landfill Manager, asked for the boards approvalto replace a number of small containers with 30 cubic yard containers at sites on two routesin areas of the county Mr Blizzard explained the reason for making the change is becauseof the hauling cost of picking up from the small containers Mr, Blizzard furnished the boardwith a map showing the existing 30 cubic yard containers, bulk sites with 40 cubic yardcontainers, approximate locations of the 30 cubic yard container sites to replace the smallcontainers on the two routes, and the small container routes to remainThe board again talked about bulk containers and sites, and acquiring land for thesesitesAfter discussion, Commissioner FrankB Holding moved that the County Manager beauthorized to use Capital Improvement money appropriated in the 1983 -84 Budget to purchase30 cubic yard containers 10 or 11 to replace the small containers at the locations proposedby the County PlannerCommissioner James W Cash seconded the motion which was carried by unanimous voteAt this time, Commissioner Howard Benton asked the County Planner to prepare anothermap showing new bulk sites in southern Johnston County10 Water Problem - Pine Level Jim StarlingJim Starling of Pine Level met with the board seeking the countys assistance ingetting water to his mobile home park south of Pine Level Mr Starling is asking the countyfor a commitment that water will be available, as State Health Officials have told him thatthe quality of water that supplies the mobile home park now coming from wells must be improvedwithin the next two yearsThe Chairman explained the county has not subsidized water lines for subdivisions ormobile home parks, and in his opinion, the board can not at this time promise the county canhelp him in solving his water problems, however, the board asked Tom Moore of RagsdaleConsultants to work up some cost-estimates on extending the water line from Pine Level to themobile home park owned by Mr Starling111 Univision Cable System, Incorporated - AgreementUpon motion by Commissioner Howard Benton, seconded by Commissioner Frank B Holding,the following resolution was adopted by the Johnston County Board of CommissionersWHEREAS, Robert Rheems of Univision Cable System, Incorporated has requested thatUnivision Cable System, Incorporated be allowed to extend its existing cable televisionoperations in the Benson area of Johnston County adjacent to said municipalities not to exceedthe Benson one mile extra - territorial jurisdiction; andiWHEREAS, Univision Cable System, Incorporated understands and agrees that this approvalshall terminate, subject to review and reapproval of the Johnston County Board of Commissioners,if the rights herein given are sold or otherwise transferred or if Univision Cable System,Incorporated and its parent company are sold or merged with any other person, individual, orcorporate; andi?I 1lAugust 1, 1983 ContWHEREAS, Univision Cable System, Incorporated agrees that any unresolved complaintby a subscriber or would be subscriberin the areas herein covered shall be referred to theCounty Manager, and, if said unresolved complaint is not reasonably resolved, said complaintshall be forwarded to the Board of Commissioners of Johnston County, and that any willfulfailure and refusal to take the necessary steps tosresolve said complaint shall enable theBoard of Commissioners of Johnston County to terminate this Resolution and cause service byUnivision Cable System, Incorporated to be terminated or other appropriate action to be takenby the Johnston County Board of Commissioners; andWHEREAS, Univision Cable System, Incorporated agrees to pay to Johnston County annually,three percent 3 of the gross collections from all regular subscribers of Univision CableSystem, Incorporated, in the Benson one mile extra - territorial jurisdiction; andWHEREAS, Univision Cable System, Incorporated agrees and it is the order of theJohnston County Board of Commissioners that this resolution shall be in effect, unless other-wise terminated as provided above, for a period of fifteen 15 years from date only; andWHEREAS, it is the opinion of the Johnston County Board of Commissioners that it isthe desire of the Johnston County residents in such areas to have cable television; andWHEREAS, the Johnston County Board of Commissioners has the authority to issue rightsfor a cable television operation; andWHEREAS, it is the opinion of the Johnston County Board of Commissioners that becauseof the aforesaid consideration a full franchise proceeding is not warranted at this time;NOW, THEREFORE, BE IT RESOLVED by the Johnston County Board of Commissioners thatthe Johnston County Board of Commissioners has no objection to Univision Cable System,Incorporated extending its existing cable operations into the unincorporated areas of JohnstonCounty within the one mile extra- territorial jurisdiction of Benson, and that the rightsgranted by said board be granted to Univision Cable System, Incorporated, and shall be asspecified above and as agreed this date by Univision Cable System, Incorporated12 Jail Site Proposed - James B Godwin AssociatesJames B Godwin, Planning Consultant, of James B Godwin Associates, presented alayout of county owned property on the Courthouse block and an architectural plan to constructa two -story building, approximately 28,000 square feet, to house a county jail and DistrictCourtrooms Mr Godwin proposed that the jail, planned to house 100 inmates, be located onthe first floor, with the Sheriffs Administrative Offices; and the District Courtrooms andDistrict Attorneys Offices to be on the second floor Mr Godwin proposed that the new jailfacility be located behind the present Courthouse, stating it needed to be in close proximityto the Courthouse Mr Godwin told the board the Johnston County Courthouse is a wellconstructed and well maintained building that will last for many more years In the planpresented to the board for the new jail facility, it was called to attention that parkingspaces will be reduced in number in this particular area, however, could be provided in otherareasJohn Ritter and Bob Lewis, State Detention Branch, present at this time, stated theplans looked very favorable, however, indicated that the county needs to look very seriouslyat future population growth in considering proposals for a new facilityThe board received and discussed Mr Godwins proposal with much interest and appearedimpressed with the plans for a new county jail facility, however, took no action pending furtherstudy and consideration13 Highway EngineersWayne Bailey and Paul Anderson, Engineers, North Carolina Department of Transportation,visited with the board The board and engineers discussed a right -of -way problem on S R #252414 Wake — Johnston Job Training Consortium - ResolutionUpon a motion by Commissioner Howard Benton, duly seconded by Commissioner James CCash and carried by unanimous vote, the following resolution was adoptedWHEREAS, the United States Congress has enacted the Job Training Partnership Acthereafter referred to as JTPA for the purpose of preparing youth and unskilled adults forentry into the labor force and to provide job training to those economically disadvantagedindividuals and other individuals who face serious employment barriers and who need specialtraining to obtain productive employment; andWHEREAS, the Governor is authorized by JTPA to designate Service Delivery Areas withinthe State which consist of one or more units of general local government, promote the effectivedelivery of job training services, and are consistent with labor market areas; and332August 1, 1983 ContinuedWHEREAS, the Governor may approve requests for designation as a Service Delivery Areafrom any consortium of contiguous units of general local governments which serve a substantialportion of a labor market area; andWHEREAS, the Governor is authorized by JTPA to make financial assistance available toService Delivery Areas to carry out the purpose of JTPA; andWHEREAS, the-Boards of County Commissioners of Wake County and Johnston County havedetermined that the area of both counties consists of a substantial portion of a labor market,that commuting patterns between and within the two counties indicate that a substantial degreeof economic integration exists within the geographic area encompassed by both counties thatworkers in both counties readily change jobs within and between the two counties withoutchanging residences; andWHEREAS, that in order to effectively deliver job training services within the twocounties, the two counties should form a consortium for the purposes of planning and deliveringjob training services authorized under JTPA; andWHEREAS, it is the intent and purpose of the parties to this agreement referred to asthe Wake - Johnston Job Training Consortium Agreementto establish a multi - jurisdictional JTPAprogram, and that the geographic area served by the consortium be designated as a ServiceDelivery Area for JTPA purposes; andWHEREAS, the municipalities within the two counties which, though not parties to thisconsortium, shall benefit from it by virtue of the Counties participation therein;NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS of Johnston County thatthey agree to form a job training consortium with Wake County, that designation of suchconsortium as a Service Delivery Area for JTPA purposes shall be accepted, that such consortiumshall be known as the Wake- Johnston Job Training Consortium and that the terms and conditionsapplicable to this consortium are contained in the Wake- Johnston Job Training ConsortiumAgreement15 Adult Education Month ProclaimedCommissioner Frank B Holding moved that the month of September 1983 be proclaimedas ADULT EDUCATION MONTH for Johnston CountyiCommissioner John M Booker seconded the motion which was carried by unanimous vote16 Kountry Kable TV - Franchise AmendedCommissioner Howard Benton moved to amend the resolution awarding a cable TV franchiseto Kountry Kable TV by deleting references to Small Cities Communications of Chapel Hill, NC,and inserting Larry S Jeter, Lubbock, Texas, and Milton R Pierce, San Angelo, Texas, In-vestors Reference Resolution recorded May 12, 1983; board meeting; Minutes Book No 17,page 311, item number two 2Commissioner James W Cash seconded the motion which was carried by unanimous vote17 IV -D Contract of EmploymentUpon a motion by Commissioner Frank B Holding, duly seconded by Commissioner HowardBenton and carried by unanimous vote, the following IV -D Contract of Employment was approved;THIS CONTRACT made and entered into this the lst day of August, 1983, by and betweenthe Johnston County Commissioners, parties of the first part, and W A Holland, Jr, Attorney,party of the second partW I T N E S S E T HTHAT WHEREAS, the party of the first part desires to employ said party of the secondpart as its Counselor At Law for the County of Johnston upon the following terms and conditions1 This contract shall begin July 1, 1983, and continue until terminated by thirty30 days notice by either party to the other2 Said party of the second part, upon reasonable notice, is to be available forconsultation, legal advise and for representation as requested by the Child Support Enforcement dAgency on all legal matters arising from the dutiesof the party of the first part under Sectior128 through 140 of Chapter 110 of the North Carolina General Statutes and Title 42 of theUnited States Code, Sections 651 through 660 and the federal regulations lawfully promulgatedpursuant thereto3 Said party of the second part agrees to comply with all the requirements ofSections 128 through 140 of Chapter 110 of the North Carolina General Statutes, Title 42 of333August 1, 1983 Contthe United States Code, Sections 651 through 660, and the regulations promulgated pursuantthereto relating to the performance of the program legal services including, but not limitedto, maintaining such records as are required by the party of the first part, to make saidrecords available for federal or state audit if required, and to make financial, statistical,and program progress reports as are required4 For his services under this Contract, the party of the first part agrees to paythe Party of the second part forty- -five 4500 dollars per hour for each hour spent by theparty of the second part providing legal services under the Child Support Enforcement ProgramSuch hourly rate shall encompass all expense, including but not limited to, those for salary,supplies, office space, heating and maintenance space, telephone service, long- distancetelephone calls and travel The party of the second part is not to be reimbursed for anyextraordinary expense incident to performing the services included under this agreement;except, that the party of the first part agrees to pay all court costs and filing fees whichare required to be paid in conjunction with services provided by the attorney under thisagreement5 The party of the second part further agrees to attend at least one trainingsession on Child Support Enforcement per year conducted by the Child Support EnforcementAgency Reimbursement shall be based upon the hourly rate but not to exceed a maximum of15000 or such amount as set by the State Child Support Enforcement Agency Failure toattend one approved work shop per year shall be construed as an indication that the party ofthe second part does not wish to continue providing services under this contractIN TESTIMONY WHEREOF, said parties have executed this contract in tripulate originals,one of which is to be retained by the party of the first part, one of which is to be retainedby the party of the second part, and one of which is to be filed with the Child SupportEnforcement Section, Division of Social Services of the Department of Human Resources,Raleigh, North Carolina This instrument has been preaudited in the manner required by theLocal Government Budget and Fiscal Control Act19 Appointment - Johnston -Lee Community Action BoardCommissioner Frank B Holding moved that John Ritsch, representing Commissioner JohnM Booker, and Scofield White, representing Commissioner Howard Benton, be re- designated toserve on the Johnston -Lee Community Action BoardCommissioner John M Booker seconded the motion which was carried by unanimous vote20 Appointments - Johnston County Industrial Facilities and Pollution Control FinancingAuthorityCommissioner Frank B Holding moved that M Brack Wilson, Jr, and Graham Neville bereappointed to the Johnston County Industrial Facilities and Pollution Control FinancingAuthority to serve six year terms effective August, 1983Commissioner James W Cash seconded the motion which was carried by unanimous vote21 Local Option Sales TaxThe County Manager furnished the board with information regarding the one -half percentLocal Option Sales Tax, advising that the board may wish to hold a Public Hearing on the taxAfter discussion, Commissioner James W Cash moved that a Public Hearing be held onthe One -Half Percent Local Option Sales Tax on Wednesday, August 24, 1983, at 730 pm, atthe Johnston County Courthouse, Smithfield, NCCommissioner Frank B Holding seconded the motion which was carried by unanimous vote18 Recreation Grant Applications - ApprovedUpona motion by Commissioner Frank B Holding,duly seconded by CommissionerJames WCash and carried by unanimous vote, thefollowingrecreationgrant applicationsfor 1983 -84were approved in the following amounts1American Legion Baseball2,0006Archer Lodge Fire Dept2,0002Clayton Civitan2,0007Micro PTA1,9203Clayton Community Recreational8Glendale- Chapel BoosterClub 2,000Foundation, Inc2,0009Micro Booster Club2,0004Corinth Holder Booster Club2,00010Johnston Central High School5Archer Lodge Recreation2,000Alumni Association2,00019 Appointment - Johnston -Lee Community Action BoardCommissioner Frank B Holding moved that John Ritsch, representing Commissioner JohnM Booker, and Scofield White, representing Commissioner Howard Benton, be re- designated toserve on the Johnston -Lee Community Action BoardCommissioner John M Booker seconded the motion which was carried by unanimous vote20 Appointments - Johnston County Industrial Facilities and Pollution Control FinancingAuthorityCommissioner Frank B Holding moved that M Brack Wilson, Jr, and Graham Neville bereappointed to the Johnston County Industrial Facilities and Pollution Control FinancingAuthority to serve six year terms effective August, 1983Commissioner James W Cash seconded the motion which was carried by unanimous vote21 Local Option Sales TaxThe County Manager furnished the board with information regarding the one -half percentLocal Option Sales Tax, advising that the board may wish to hold a Public Hearing on the taxAfter discussion, Commissioner James W Cash moved that a Public Hearing be held onthe One -Half Percent Local Option Sales Tax on Wednesday, August 24, 1983, at 730 pm, atthe Johnston County Courthouse, Smithfield, NCCommissioner Frank B Holding seconded the motion which was carried by unanimous vote334August 1, 1983 Continued22 Voting Delegate - County Commissioners ConferenceCommissioner Howard Benton moved that Commissioner James W Cash be designated as thecountys official voting delegate at the annual North Carolina Association of CountyCommissioners Conference to be held in Greensboro, August 11 - 14thCommissioner Frank B Holding seconded the motion which was carried by unanimous voteUpon a motion by Commissioner John M Booker, duly seconded by Commissioner Frank BHolding and carried,, the board recessed until 730 pm, Wednesday, August 24, 1983OltEleanor N CreechClerk to the BoardNorman C Denning, Chairman