September 19, 1983 - 7:30 PM - County Board of Commissioners Meeting Minutes (Special)

September 19, 1983The Johnston County Board of Commissioners met in special session Monday,September 19, 1983, at 730 pm, in the Commissioners Room of the JohnstonCounty Courthouse, Smithfield, North Carolina, with the following members presentNorman C Denning, Chairman, Frank B Holding, Vice - Chairman, JamesW Cash, Howard Benton and John M Booker, DVMMembers Absent NoneThe Chairman called the meeting to order and the following businesswas transactedIt Airport Grant - FAA Project # 3 -37- 0068 -01JOHNSTON COUNTY - PROJECT # 3 -37- 0068 -01Contract No DTFA06 -83 -A -80096The United States of America acting through the Federal AviationAdministration, herein called the FAA Paul E Johnson, Chairman, Johnston County Airport Authority, met withto the FAA a Project Applicationthe board asking that the county accept a Federal Aviation Administration grantdated August 25, 1983, for aoffer in the amount of 236,202, these funds appropriated under the Airport andFederalAirway Improvement Act of 1982 Mr Johnson explained the airport runway extensionconstruction of 700 feet will cost about 30,000 more than the engineers costtogetherestimate A low bid, was received at 262,446; tentative funds already committedplans and specifications for such232,900; Federal 209,700; State 11,600; and County 11,600 Mr Johnson adviseddevelopment project, or theto meet the needs of the runway project an additional 1,522 wi I I be needed fromwork definition for such Planning Project,the county, as total funds required are; Federal 236,202 90 ; State 13,122which Project Application, as5 ; and County 13,122 5 by theAfter discussion, and upon motion by Commissioner Howard Benton, dulyseconded by Commissioner James W Cash and carried by unanimous vote, thefollowing resolution was adoptedJOHNSTON COUNTY - PROJECT # 3 -37- 0068 -01Contract No DTFA06 -83 -A -80096The United States of America acting through the Federal AviationAdministration, herein called the FAA JWHEREAS, the Sponsor has submittedto the FAA a Project Applicationdated August 25, 1983, for agrant ofFederalfunds for a project at the JohnstonCounty Airport Planning Areatogetherwithplans and specifications for suchdevelopment project, or theplanningwork definition for such Planning Project,which Project Application, asapprovedby theFAA, is hereby incorporated hereinand made a part hereof; andJr 19 1983 ContinuedWHEREAS, the FAA has approved a project for the Airport or PlanningArea herein called the Project19 consisting of the followingConstruct, mark, and light MIRL 700 runway extension to Runway3; approach and transitional clearing Runway 3All as more particularly described in the Project ApplicationN01W THEREFORE, ,pursuant to and for the purpose of carrying out theprovisions of the Airport and Airway Improvement Act of 1982, herein called theAct, and in consideration of a the Sponsors adoption and ratification ofthe representations and assurances contained in said Project Application andits acceptance of this Offer as hereinafter provided, and b the benefits to accrueto the United States and the public from the accomplishment of the Project andcompliance with the assurances and conditions as herein provided, THE FEDERALAVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBYOFFERS AND AGREES to pay, as the United States share of the allowable costsincurred in accomplishing the Pr ject, ninety 90 percent from funds appropriatedunder the ActThis offer is made and subject to the following terms and conditionsStandard ConditionsI The maximum obligation of the United States payable under thisoffer shall be 236,202 which is comprised of for planning236,202 fordevelopment other than land for land acquisition2 The allowable costs of the project shall not include any costs deter-mined by the FAA to be ineligible for consideration as to allowability4 The Sponsor shall comply with t-he Airport and Airway ImprovementAct of 1982 and shall carry out and complete the Project without unduedelays and in accordance with the terms hereof, and such regulationsand procedures as the Secretary shall prescribe and agrees to fullycomply with the Part V Assurances which are attached to and becomea part of this offer5 The FAA reserves the right to amend or withdraw this offer atany time prior to its acceptance by the Sponsor6 This offer shall expire and the United States shall not be obligatedto pay any part of the costs of the project unless this offer has beenaccepted by the Sponsor on or before September 30, 1983, or such subsequentdate as may be prescribed in writing by the FAASpecial Conditions7 The Federal Government does not now plan or contemplate the con-struction of any structures pursuant to Paragraph 15 of Part V, Assurances,of the application dated August 25, 1983, and; therefore, it is understoodand agreed that the sponsor is under no obligation to furnish any newareas or new rights without cost to the Federal Government Under thisgrant agreement However, it is agreed and understood that the rightsof the United States to cost free areas obtained under unexpired grantagreements with the sponsor are extended for 20 years from the dateof this grant agreement Furthermore, the responsibility for paying thecost of relocating any facilities located in such cost free areas shallbe made in accordance with Advisory Circular 1505300 -7B, FAA Policyof Facility Relocations Occasioned by Airport Improvements or Changesunder the Act3 Paymentof the United States share of theallowable projectcostswill be madepursuant to and in accordance with provisions ofsuchregulations andprocedures as the Secretary shallprescribe Finaldeter-mination of theUnited States share will be basedupon the finalauditof the total amountof allowable project costsand settlement wiI I bemade for anyupware or downward adjustmentsto the Federalshareof costs4 The Sponsor shall comply with t-he Airport and Airway ImprovementAct of 1982 and shall carry out and complete the Project without unduedelays and in accordance with the terms hereof, and such regulationsand procedures as the Secretary shall prescribe and agrees to fullycomply with the Part V Assurances which are attached to and becomea part of this offer5 The FAA reserves the right to amend or withdraw this offer atany time prior to its acceptance by the Sponsor6 This offer shall expire and the United States shall not be obligatedto pay any part of the costs of the project unless this offer has beenaccepted by the Sponsor on or before September 30, 1983, or such subsequentdate as may be prescribed in writing by the FAASpecial Conditions7 The Federal Government does not now plan or contemplate the con-struction of any structures pursuant to Paragraph 15 of Part V, Assurances,of the application dated August 25, 1983, and; therefore, it is understoodand agreed that the sponsor is under no obligation to furnish any newareas or new rights without cost to the Federal Government Under thisgrant agreement However, it is agreed and understood that the rightsof the United States to cost free areas obtained under unexpired grantagreements with the sponsor are extended for 20 years from the dateof this grant agreement Furthermore, the responsibility for paying thecost of relocating any facilities located in such cost free areas shallbe made in accordance with Advisory Circular 1505300 -7B, FAA Policyof Facility Relocations Occasioned by Airport Improvements or Changesi348September 19, 1983 Continued8 Approval of the project is conditioned on the sponsors compliancewith the applicable air and water quality standards in accomplishingproject construction and in operating the airport Failure to comply withthis requirement may result in suspension, cancellation, or terminationof federal assistance under this agreement9 It is understood and agreed that if, during the life of the project,FAA determines that the grant amount exceeds the expected needs of thesponsor by 5,000 or 5 of the grant amount, whichever is greater, thegrant amount can be reduced by letter from FAA to the sponsor advisingof the budget change Upon issuance of the letter, the maximum obligationof the United States under the grant is reduced to the specified amount10 It is mutually agreed and understood that the sponsor has knowledgeof and recognizes the costs associated with operating and maintainingthe airport lighting and agrees to operate the lights throughout eachnight of the year or in accordance with some other plan approved bythe FAAUNITED STATES OF AMERICAFEDERAL AV I AT I ON ADM I N I STRAT I ONBy Harold E LittleManager, Airports DistrictOfficePart I I - AcceptanceThe Sponsor does hereby ratify and adopt all statements, representations,warranties, covenants, and agreements contained in the Project Application andincorporated materials referred to in the foregoing Offer and does hereby acceptsaid Offer and by such acceptance agrees to all of the terms and conditions thereofExecuted this 19 day of September, 1983Johnston CountyBy Norman C Denning, Cha i rm3nTitle Johnston County Board ofCommi ss i onersSEALAttest Eleanor N CreechTitle Clerk to the BoardB Commissioner Frank B Holding moved that the county appropriate an addi-tional 1,522 making a total of 13,122 county funds for the Johnston County Airportrunway extension project, and that the budget be amended in the following manner;transfer from Contingency Fund 108000916 1,522; Credit - Airport Fund 10800091919522 Commissioner Holding further moved that Paul E Johnson, Chairman, JohnstonCounty Airport Authority, be authorized to request payments under this agreementCommissioner James W Cash seconded the motion which was carried byunanimous voteiiIiThe Sponsors acceptance of this offer and ratificationand adoption oftheProject Application incorporated hereinshall be evidencedby execution ofthisinstrument by the Sponsor, as hereinafterprovided, and saidOffer and Accept-anceshall comprise a Grant Agreement, asprovided by the Airway ImprovementActof 19821 constituting the obligations andrights of the United States and theSponsor with respect to the accomplishmentof the Project andcompliance withtheassurances and conditions as providedherein Such GrantAgreement shallbecome effective upon the Sponsors acceptance of this OfferUNITED STATES OF AMERICAFEDERAL AV I AT I ON ADM I N I STRAT I ONBy Harold E LittleManager, Airports DistrictOfficePart I I - AcceptanceThe Sponsor does hereby ratify and adopt all statements, representations,warranties, covenants, and agreements contained in the Project Application andincorporated materials referred to in the foregoing Offer and does hereby acceptsaid Offer and by such acceptance agrees to all of the terms and conditions thereofExecuted this 19 day of September, 1983Johnston CountyBy Norman C Denning, Cha i rm3nTitle Johnston County Board ofCommi ss i onersSEALAttest Eleanor N CreechTitle Clerk to the BoardB Commissioner Frank B Holding moved that the county appropriate an addi-tional 1,522 making a total of 13,122 county funds for the Johnston County Airportrunway extension project, and that the budget be amended in the following manner;transfer from Contingency Fund 108000916 1,522; Credit - Airport Fund 10800091919522 Commissioner Holding further moved that Paul E Johnson, Chairman, JohnstonCounty Airport Authority, be authorized to request payments under this agreementCommissioner James W Cash seconded the motion which was carried byunanimous voteiiIi349September 19, 1983 Continued2 Water Line - Selma to Pine Level Water FacilitiesAfter discussion, Commissioner Frank B Holding moved that the countyinstall a 6 water main and a 2 water main under 70A, and another fire hydrantto assist the Town of Pine Level in getting water to residents east of the FireTower RoadCommissioner John M Booker seconded the motion which was carriedby unanimous vote3f4ayor GordonL Godwin, Town of Pine Level, met with the board askingnine of the countysthe county to assist ininstalling a 6 water main crossing of70A,and a 2 waterThe County Manager submittedmain crossing of 70Aand to install another fire hydrantThiswork would beto presentlalong 70A between Peedin Store and Simmons fielding Shop;estimated cost undersewer projects by area of10,000 Mayor Godwinexplained that many residents of asmallcommunity eastand reimbursements due theof the Fire Tower roadhave severe water problems and needhelpand the instal-Countylation of the countys water line will solve their problemsand informativereportAfter discussion, Commissioner Frank B Holding moved that the countyinstall a 6 water main and a 2 water main under 70A, and another fire hydrantto assist the Town of Pine Level in getting water to residents east of the FireTower RoadCommissioner John M Booker seconded the motion which was carriedby unanimous vote3Water and Sewer Projects- Countynine of the countystownshavecable TV availableFive ofThe County Manager submittedadetailed report on county water andsewerprojects since May of 1966to presentlThis report included all county waterandsewer projects by area ofcounty,1urpose,cost amounts grants, countyfundsand reimbursements due thecountyofUS 70 is scheduled to beThe board commended theCountyP na9er, stating this was a very completeand informativereportofCommissioners adopted4 DWI CoordinatorThe County Manager told the board that he had been approached bythe new DWI Coordinator, employed by Judge Pridgen, about office space TheCounty Manager explained the new State DWI Law, and that the new law requireseach county to provide office space, furniture, and secretarial help for this newoff ic rAfter discussion, Commissioner Howard Benton moved the County Manageruse his best judgement in renting office space and in providing what the newDWI aw requires of the countyCommissioner James W Cash seconded the motion which was carried unanimousvote5 Cable TV - ReportThe County Manager made the following report on Cable TV Coveragein Johnston CountyPur ose The purpose of this report is to respond to the Boar s request toreport back with a recommendation on authorizing Channel Master Cable TV toprovide cable television in the one mile extraterritorial jurisdict on of Micro,Princeton, and KenlyBackroundAllnine of the countystownshavecable TV availableFive ofthe townsareserved by Alert Cable TV,threetowns are served by ChannelMasterCableTV andone town is served by UnivisionCableTV see chartThe entirecountynorthofUS 70 is scheduled to beservedby Kountry KableTV TheCountyBoardofCommissioners adoptedthe CountysCable TelevisionOrdinancein 0tober 1981Kountry Kab l e TV, theonlyfranchise approvedto date, wasg i venl a franchise on May 12, 1983Situation With the exception of Kenly, Micro and Princeton, the people livingjust outside town limits are provided an opportunity for cable TV for the areasaround the three towns not presently being served Channel Master Cable TV has re-quested permission to serve the extraterritorial one mile jurisdiction around Kenly,Micro and Princeton without having to adhere to the countys cabl,e TV ordinancePubl i opinion is mixed as to whether or not Channel Master should be authorizedto e tend into the county when Kountry Kable TV has the franchise This publicopini n generally falls into three categoriesI People around the towns limits have friends and relatives livingin town and being provided with cable TV by Channel Master Theywould like to be served by Channel Master because they are familiarwith Channel Master They generally prefer to depend on hannel Mastersexperience over Kountry Kables lack of experience350iSeptember 19, 1983 Continued2 People feel that Kountry Kable TV is willing to take greater riskin serving the rural areas of the county while other established cablecompanies have not been willing to take the risk These people feelthat it would be grossly unfair to Kountry Kable to permit Channel Masterto take the profitable densely populated areas next to the towns whileleaving the less profitable sparsely populated areas to Kountry Kable3 Many people would like to have cable TV as quickly as they canget it with little regard as to the company providing cableOther Counties In checkingwithothercounties, it became apparent that JohnstonCounty has policies and anordinanceequal to or better than most counties inregulating cable TV I couldnotfinda solution to Johnston Countys situationin other counties Wake County,VesterIikeJohnston County, , has cable TV in al ofits municipalities Wake couldnotfinda cable company willing to provide cableTV in the rural areas of thecountyWake Countys policy is to permit the cablecompany in each town to extendintothe county until the whole county is coveredRecommendationI Kountry Kable TV shouldbegiven the firstopportunity toinstall`cables and to provide cable serviceto the peoplein the one mileextra-territorial jurisdiction of- Kenly,Micro, and PrincetonJames W Cash moved thatVester2 Channel Master Cable TVmaybe given _a_ franchisefor the one mileextraterritorial jurisdiction aroundKenly, Micro,and PrincetonafterJanuary I, 1984, subject tothecondition thatChannel MasterCableTV adhere strictly to all requirements of the Johnston County Cable Tele-vision Ordinance as it relates to the requested area franchised6 Fireworks Display - Benson Mule DaysCommissioner Howard Benton moved that the request for a fireworks d i sp I ayto be held at the Benson Civic Center for the Mule Days celebration on September24, 1983, be approvedCommissionerFrank B Holding secondedthemotion which was carriedby unanimous vote7 Appointments- Corinth Holders Firemans Relief Fund CommitteeCommissionerJames W Cash moved thatVesterBoykin and Rubert Harrisbe appointed to the Corinth Holders Firemans ReliefFundCommitteeCommissionerFrank B Holding secondedthemotion which was carriedby unanimous vote8 Nursing Home Opening ElderlodgeThe County Manager advised the board that the Nursing Home Elderlodgeon Barbour Road will be opening soon and that the Ribbon Cutting Ceremony willbe held Sunday, September 25, 1983, at 230 pm The Chamber of Commerce hasasked that the county be represented by a County CommissionerThe Chairman asked Commissioner Howard Benton to represent JohnstonCounty at this event on Sunday, September 25, 1983, at 230 pmUpon a motion by Commissioner John M Booker, duly seconded by Com-missioner Frank B Holding the board adjourned1NortmEin C? Denning, ChairmanEleanor N CreechClerk to the Boardi7IiDetailsAnnotationsEntry PropertiesModified11192013 33620 PMCreated4172003 23953 PMTemplateMinutesFieldsMinutes - TypeSpecialMinutes - Date9191983Book17