April 5, 1976 - 10:00 AM - County Board of Commissioners Meeting Minutes
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April 5, 1976 - Regular1 6Fit widtheMeeting of the Board of Commissioners for the County of JohnstonApril 5, 1976The Johnston County Board of Commissioners met in regular session in the CommissionersRoom of the Johnston County Courthouse, Smithfield, North Carolina, Monday, April 5, 1976, at10 oclock am, with the following members presentNorman C Denning, Chairman, Howard Benton, Freddie Adams and Hoyt CastleberryMember Absent Frank B Holding, Vice ChairmanThe following business was transacted1 Minutes ApprovedThe Board reviewed the minutes of the March 16th and March 22nd board meetingsCommissioner Howard Benton moved that the minutes of the March 16th and March 22, 1976,meetings be approved as recordedCommissioner Freddie Adams seconded the motion which was carried unanimously2 Extension Chairman AppointedCommissioner Freddie Adams moved that Bruce H Woodard of Cumberland County be appointedto succeed C W Tarlton as Johnston County Extension Chairman effective May 1, 1976Commissioner Howard Benton seconded the motion which was carried unanimously3 Secondary Road # 1311 Request for PavingMr James Clayton of Pleasant Grove Township met with the Board of Commissioners requestinghelp to get Secondary Road # 1311 paved Mr Clayton was advised that the road carried a prioritynumber of 113, however, at this meeting they would ask Mr Paul Anderson, District Engineer, to checkon this road for maintenance4 Resolution - Training Survey - Triangle Commission on Criminal JusticeUpon a motion by Commissioner Howard Benton, duly seconded by Commissioner Hoyt Castleberryand carried by the following vote Aye; Commissioners Howard Benton, Hoyt Castleberry and Norman CDenning, Nay; Commissioner Freddie Adams, the following resolution was adoptedWHEREAS, the County of Johnston herein called the Applicant has thoroughly consideredthe problem addressed in the subgrant application entitled Training Survey and has reviewed theproject described in the application; andWHEREAS, under the terms of Public Law 90 -351 as amended, the United State of America hasauthorized the Law Enforcement Assistance Administration, through the North Carolina Division of Lawand Order to make federal grants to assist local governments in the improvement of the criminaljustice system,NOW THEREFORE BE IT RESOLVED BY THE COUNTY OF JOHNSTON in open meeting assembled in theCity of Smithfield, North Carolina, this 5th day of April, 1976, as follows1 That the project referenced above is in the best interest of the Applicant and thegeneral public2 That Aaron Wood be authorized to file, in behalf of the Applicant, an application inthe form prescribed by the Division of Law and Order for a subgrant in the amount of22500 to be made to the Applicant to assist in defraying the cost of the project describedin the application -Thais individual shall act as the authorized representative of theApplicant in connection,with all aspects of the application process3 That if the subgrant is made, the Applicant shall provide or make arrangements toprovide, a local cash matching contribution in the amount of and a local in -kinmatching contribution vblued under LEAA guidelines at for proportionatelyreduced local matching contributions if the subgrant amount is reduced as required by theAct to defray the cost of the project4 That the Project Director designated in the application form shall furnish or makearrangements for other appropriate persons to furnish such information, data, documents andreports pertaining to the project, if approved, as may be required by the Division of Lawand Order5 That certified copies of this resolution be included as part of the applicationreferenced above6 That this resolution shall take effect immediately upon its adoptionIDONE AND ORDERED in open meetingDateATTESTBy Eleanor Creech ClerkbyChairman Mayorp 174;April 5, 1976 ContUpon a motion by Commissioner Freddie Adams, duly seconded by Commissioner Howard Bentonand carried unanimously the Board of Commissioners recessed to organize as a Board of Equalizationand ReviewThe Board of County Commissioners organized and met as a Board of Equalization and Review,April 5, 1976, in the Commissioners Room of the Johnston County Courthouse, Smithfield, NorthCarolina, with the following members sworn in as a member of the Board of Equalization and Reviewby James C Woodard, Clerk of Superior CourtNorman C Denning, Chairman, Howard Benton, Freddie Adams and Hoyt CastleberryThe following business was transactedJohnnie Stott, Tax Supervisor, presented to the Board of Equalization and Review thefollowing tax complaints requesting the Boards review and consideration1 Mr L M Tart - Yearling Steak House - Boon Hill - 1975 Addition to Yearling SteakHouse - Princeton2 Overton Property Dolph Overton Beulah - 375 acres of land located near OvertonCorporation3 W Richard Moore - Selma - Garage ApartmentThe Board discussed item # 1, Yearling Steak House , 1975 addition Mr Tart stating inhis complaint to the Tax Department that he feels the valuation is too high Commissioner FreddieAdams advised that the new addition cost approximately 17,000 and he also feels that the 22,880valuation is too high for this addition compared to the valuation on the other part of the buildingCommissioner Howard Benton commented that the value looks high to him The Board discussed thismatter at length and deferred action until such time as they can appraise the new additionJohnnie Stott, Tax Supervisor, commented that all values must be based on market valuerather than cost Attorney George Mast met with theBoard of Equalization and Review representing Dolph OvertonBeulah Township, 375 acres of land located near Overton Corporation valued at 700 per acre item# 2 Mr Mast told the Board that most of this property is in the flood plain and that propertylocated in a flood plain is not as valuable and feels that 700 per acre is too highThe Board discussed this valuation at length with Mr Mast and Johnnie Stott, Tax SupervisorThe Board was advised that this property is classified as industrial property and appraisedaccordingly The Board of Equalization and Review determined that this valuation is not too highnor did the Board of Equalization and Review have the authority according to the Machinery Actreference C item 1 2 to change the valuationW Richard Moore, Attorney, Selma, met with the Board of Equalization and Review regardinga piece of property valued as a garage apartment in 1971 Mr Moore advised the Board that this1 building was in such poor condition at the time he purchased the property that he only uses it forstorage Mr Moore respectfully request the Board of Equalization and Review to lower this valuatioof 3410, item # 3Johnnie Stott, Tax Supervisor, advised the Board that after visiting this property he feelsthat the condition of this building garage apartment is poor due to damage and valued too high forits present conditionAfter discussion the Board of Equalization and Review determined that the valuation of thisbuilding should be reduced due to damageCommissioner Howard Benton moved that the valuation of this building garage apartment inSelma Township listed to W Richard Moore be reduced to 2100Commissioner Freddie Adams seconded the motion which was carried unanimouslyUpon a motion by Commissioner Freddie Adams, duly seconded by Commissioner Hoyt Castleberryand carried unanimously, the Board of Equalization and Review recessed, subject to recall ifnecessaryEleanor N Creech, ClerkNorman C Denning, ChairmanBoard of Equalization and ReviewtoApril 5; 1 97-6 ContAfter recessing as a Board of Equalization and Review, the Board of Commissioners reconvenin regular session5 Bulk Tobacco BarnsJohnnie Stott, Tax Supervisor, advised the Board that many of the bulk tobacco barnsinstalled have not been listed for taxes The Board advised Mr Stott to contact these people byletter and if no response is made to the letter, visit them in person to try and get the bulk barnslisted for taxes for 19766 Mobile Agency - Southern Railway to Close Freight StationsMr Arthur Poole and Mr Wilbert Forbes, Agents, with Southern Railway Lines, met with theBoard of Commissioners regarding a change in the railroad operations between Goldsboro and Clayton,including Princeton, Pine Level, Selma, Wilsons Mills and Clayton Mr Poole explained thatSouthern Railway will close these freight stations and operate a new mobile agency service withGoldsboro as a base station A new radio equipped mobile agency will bring freight agency servicesdirect to the customer at his plant, office or rail sidingThe Board of Commissioners discussed this new agency service with Mr Poole and advisedthey have no objections to the railways change in service and expressed feelings that the newservice will be very effective and efficient7 ReportsThe following reports were filed with the BoardBobby CorbettH F PalmerRubert C BarbourHarper GodwinKramer JacksonElectrical InspectorExtension ServiceDog WardenTax CollectorFinancialHarper Godwin, Tax Collector, in making his report to the Board of Commissioners advisedthat he had mailed 52 certified letters to delinquent tax payersMr Godwin also talked with the Board about property in Clayton Township that had changedownership four times since 1959 that he was having difficulty collecting the taxes The propertyhad once been listed to Mr and Mrs Norvelle Ellis and is now listed to a Mr WhiteKramer Jackson, County Administrator, asked if real property could be sold when countytaxes are due Mr Godwin advised that it could be sold and this is what causes alot of the problemwith collecting taxes after property changes ownership8 Schedule B License - ResolutionUpon the recommendation of Harper Godwin, Tax Collector, Commissioner Freddie Adams movedthat the following resolution be adoptedRESOLUTIONWHEREAS, it is provided in Chapter 158, Public Laws of 1939, in an act entitled, RevenueAct of 1939 , under Article II Section B , License Taxes of said Chapter, as amended, that thecounties of North Carolina or any of them may impose and levy a county license or privilege taxes forthe privilege of carrying on the business exercises, exercising the privilege of doing the act namedtherein, beginning June 1, 1976 and ending May 30, 1977;WHEREAS, the County of Johnston, a body corporate and politic in the State of NorthCarolina, by and through its Board of Commissioners, desires to impose and levy said licenses andprivilege taxes in Johnston County for the said tax year 1976 -1977, in strict accordancewith theprovisions of said Article II, Schedule B; and to impose and levy said taxes, and to requirereasonable reports from distributors in order to make the tax levy and collection effective, inamounts to full extent and limit authorized under said Article II, Schedule B;NOW THEREFORE, DID RESOLVE, that the Board of Commissioners of Johnston County do herebyimpose and levy in and for the County of Johnston, North Carolina, for the tax year beginning June1, 1976, and ending May 31, 1977, license and privilege taxes provided for and authorized under theprovisions of Article II, Schedule B, of Chapter 158, Public Laws of 1939, as amended, and whichunder said Article the Counties of North Carolina are authorized and empowered to impose and levy,collect and require reasonable reports from distributors in order to make the tax levy and collectioneffective; and did resolve further, that said Board of Commissioners does hereby impose, levy andrequire reasonable reports from distributors in order to make the tax levy and collection effectivein amounts to the full extent and limit authorized under said Article II, Schedule BCommissioner Howard Benton seconded the motion which was carried unanimouslyEli176aApril 5, 1976 ContHousing Assistance Payments ProgramUpon a motion by Commissioner Howard Benton, duly seconded by Commissioner Hoyt Castleberryand carried unanimously, the following Request for an Approval of Participation by the NorthCarolina Housing Finance Agency in Federally Assisted Program in the County of Johnston was adoptedREQUEST FOR AN APPROVAL OF PARTICIPATION BY THE NORTH CAROLINA HOUSING FINANCE AGENCYIN FEDERALLY ASSISTED PROGRAM IN THE COUNTY OF JOHNSTONTO The North Carolina Housing Finance AgencyFROM The Board of Commissioners of the County of Johnston, North CarolinaWe, the undersigned, being the governing body of the County of Johnston, North Carolina, inwhich the proposed project, which is described below, is to be located, do specificallyrequest by this writing and do expressly approve by this writing the participation by theNorth Carolina Housing Finance Agency in the federally assisted, below- described housingproject to be located in our CountyDescription of Proposed ProjectSection 8 Existing Housing Assistance Payments Program to be operated by the North CarolinaHousing Finance Agency through the Triangle J Council of GrovernmentsThis request and approval is made and granted pursuant to North Carolina General Statutes122A -51It is understood that the making of this request and the granting of this approval does notconstitute acceptance by the North Carolina Housing Finance Agency of our request for participationnor agreement by the North Carolina Housing Finance Agency to pursue the proposed project which wehave approvedThis the 5th day of April, 1976Norman C Denning, ChairmanTitleFrank B Holding, Vice - ChairmanTitleFreddie Adams, CommissionerTitleHoward Benton, CommissionerTitleHoyt Castleberry, CommissionerTitle10 County Seal Contest - Arts CouncilignatureSignaturegnatureignatureSignatureKramer Jackson, County Administrator, advised the Board of Commissioners that the JohnstonCounty Arts Council had sponsored a county seal contest and presented the entries to the Commissionefor review11 Mobile Home Ordinance - ComplaintThe Board of Commissioners received a letter from Raymond S Williamson of Princeton MrWilliamson disagreed with the tie -down regulation of the Mobile Home and Mobile Home Park Ordinanceand advised the Board that he did not feel that his mobile home was unsafe, however, if the countywould help finance the tie -down of his mobile home he would be glad to have this done The Boardof Commissioners asked Mr Strickland to look into this matter12 Appointments Johnston County Airport AuthorityCommissioner Freddie Adams moved that the following reappointments be made to the JohnstonCounty Airport Authority effective February, 1976Jimmy R Flowers4yeartermPaul EJohnson4yeartermGrahamHinnant2yeartermGeorgeBrannan2yeartermNormanGrantham, Jr2yeartermCommissioner Hoyt Castleberry seconded the motion which was carried unanimouslyakrLApril 5, 1976 Cont13 Old Buildings on Airport PropertyJimmy Flowers, Chairman, Johnston County Airport Authority, talked with the Board aboutseveral old buildings located on the Airport Authority property Mr Flowers asked the Board ofCommissioners to take this responsibility of having these old buildings removed from the airportproperty at no cost to the airport authorityThe Chairman advised Mr Flowers that the county would accept the responsibility of havingthese buildings removed from this property14 Resolution — State Aid to Johnston County Airport AuthorityA motion was made by Commissioner Freddie Adams and seconded by Commissioner Howard Bentonfor the adoption of the following resolution, and upon being put to a vote was duly adoptedTHAT WHEREAS, the County of Johnston, North Carolina, hereinafter referred to as Sponsor has made a formal application to the Department of Transportation hereinafter referred to asDepartment for State financial aid for airport development and improvement; andWHEREAS, a grant in the maximum amount of 47,100 or in an amount equal to fifty percent 50 of the non - federal share of the total cost of the project, whichever is less, has been approved;NOW THEREFORE, BE AND IT IS HEREBY RESOLVED that the Chairman, County Board of Commissionersof the Sponsor be and he hereby is authorized and empowered to enter into a contract with theDepartment as may be necessary to effectuate the aforesaid expressed purpose, thereby binding theSponsor to the fulfillment of its obligation incurred under this resolution and to its agreementunder the said contract with the Department15 North Carolina State Highway - District EngineerPaul Anderson, District Engineer, North Carolina State Department of Transportation, Divisionof Highways, met with the Board of Commissioners The Board discussed several secondary road problemwith Mr Anderson and he indicated that he would check on these matters16 Add to System - Daniel Street - Wilsons Heights SubdivisionThe Board was presented with a petition from property owners on Daniel Street, WilsonsHeights Subdivision, Wilsons Mills Township requesting that this road be added to the State SecondarRoad System for maintenanceCommissioner Howard Benton moved that this petition be mailed to the North Carolina StateDepartment of Transportation, Division of Highways, Wilson, North Carolina, with the Boardsrecommendations for considerationCommissioner Freddie Adams seconded the motion which was carried unanimously17 Resolution - Princeton 201 StudyCommissioner Freddie Adams moved that the following resolution be adoptedRESOLUTION CONCERNING AGREEMENT TO UNDERTAKE DEVELOPMENT OF A SECTION 201 FACILITIESPLAN FOR THE PRINCETON AREAWHEREAS, it is desired by the County of Johnston to insure the provision of wastewatertreatment services and facilities in a most effective manner; andWHEREAS, the County of Johnston recognizes the benefits which can accrue from the cooperativeplanning of such services and facilities; andWHEREAS, for purposes of federal grant -in -aid assistance such planning is a prerequisite;NOW THEREFORE, BE IT RESOLVED THAT1 The County of Johnston does hereby agree to cooperate and participate with the Townof Princeton in the preparation of a Section 201 Facilities Plan as required by PublicLaw 92 -500, and in conformity with Federal Regulations governing facility planning2 The County of Johnston agrees to the designation of the Town of Princeton to serve asLead Agency for making a grant application and for preparing the facility plan for thearea, provided that such designation is not meant to presume or otherwise imply any particularole of the Lead Agency concerning the provision of sewer services or facilities since suchdeterminations are to be agreed upon among the jurisdictions as a part of developing the plan3 The County of Johnston agrees to pay its pro -rata share of the cost of preparing sucha plan based on the share of its population residing within the Princeton 201 Study Areaand outside the Town limits , or other method jointly agreeable to all governmental unitsThis the 5th day of April, 1976Commissioner Hoyt Castleberry seconded the motion which was carried unanimously178April 5, 1976 Cont18 Mobile Home Ordinance Compliance - ReportWayne Strickland, Code Enforcement Officer, met with the Board of Commissioners and remindethem that a letter had been written to Mobile Home owners who have not complied with the MobileHome Ordinance Mr Strickland reported on each owner who had not complied and explained theirreasons for not complyingAfter much discussion, the Board of Commissioners authorized Mr Strickland to work withthe people that have good sound reasons, such as financial hardships, that are willing to try tocooperate as best they can The Board of Commissioners further instructed Mr Strickland to startsecuring warrants for those that outright refuse to comply with the Mobile Home Ordinance19 Council on Aging - Request More SpaceSherry Stockton, Director, Johnston County Council on Aging, met with the Board advisingthat the Johnston County Council on Aging needs more space so they can have a Senior CitizensCenter for group day activities Mrs Stockton explained that the small building they are in nowis hardly ample for office space and they have no room for group day activitiesThe Board of Commissioners assured Mrs Stockton they would be on the look -out for anavailable building20 Engineering Agreement Water Line to Serve E R Squibb Sons Industrial Site andTown of KenlvCommissioner Howard Benton moved that Norman C Denning, Chairman, be authorized to executeengineering contracts with Ragsdale Engineers in the amount of 83,08000 for the water line toserve E R Squibb and Sons Industrial Site and the Town of KenlyCommissioner Hoyt Castleberry seconded the motion which was carried unanimously21 Smithfield - Selma Area 201 StuKramer Jackson, County Administrator, advised the Board of Commissioners that the engineersare ready to proceed with the 201 Study, and that the Towns may request that the County pay thetowns pro -rated share until the system begins to bring in revenuesThe Board of Commissioners expressed feelings that the towns should pay their own shareof this project cost just as the County should22 Emergency Medical Services — Delegate -At -Large {?iThe Board again discussed the appointment of a delegate -at -large to the Emergency MedicalServices Council The Chairman indicated that he would talk with Jiggs Broadwell about thisappointmentUpon a motion by Commissioner Howard Benton, duly seconded by Commissioner Hoyt Castleberryand carried unanimously, the Board recessed until April 20, 1976, at 730 pmNorman C Denning Chairmaneanor N creecr? t,ier