May 3, 1976 - 10:00 AM - County Board of Commissioners Meeting Minutes

May 3, 1976 - Regular1 4Fit width1 182May 3, 1976The Johnston County Board of Commissioners met in regular session in the CommissioneRoom of the Johnston County Courthouse, Smithfield, North Carolina, Monday, May 3, 1976, at 10oclock am, with the fol- lowing members presentNorman C Denning, Chairman, Frank B Holding, Vice Chairman, Freddie Adams, HowardBenton, and Hoyt CastleberryMembers Absent NoneCommissioner Hoyt Castleberry opened the meeting with prayerThe following business was transactedTnv RolancoJohnnie Stott, Tax Supervisor, met with the Board of Commissioners regarding arequest by Mr Joe N Oates of Newton Grove to release taxes on 5 acres of land listed in JohnstonCounty Mr Stott explained to the Board that around the first of April, Mr Oates received adelinquent tax notice on this 5 acres from the Johnston County Tax Collector for the years 1969through 1975 Mr Stott advised the Board that Mr Oates purchased an 87 acre tract of land in1969 and listed the entire tract in Sampson County, however, prior to this time, 5 acres of this87 acre tract had been listed in Johnston County Mr Stott explained there is no evidence thatthe 5 acres of this 87 acre tract, is in Johnston County and therefore recommended the taxes forthe years 1969 - 1975 be releasedAfter discussion, Commissioner Frank B Holding moved that the taxes on 5 acres ofland owned by Joe N Oates of Newton Grove for the years 1969 through 1975 be releasedCommissioner Freddie Adams seconded the motion which was carried unanimously2 ReportsThe following reports were filed with the BoardL P CreechBobby CorbettHarper GodwinRubert C BarbourJohnnie StottKramer JacksonVeterans OfficeElectrical InspectorTax CollectorDog WardenAgricultural Extension ServiceTax Supervisor Bulk BarnsLibraryRevenuesAnnual Budget ReportBook of Businesses Available Reported by Mr Jackson3 Appointments - Board of Trustees - Bentonville Community BuildingCommissioner Howard Benton moved that Mrs Norwood Smith and Mr Buck Dunn bereappointed to the Board of Trustees of the Bentonville Community Building for a six 6 year termCommissioner Hoyt Castleberry seconded the motion which was carried unanimously1May 3, 19764 Final Payment - Four Oaks Water Line - Budget AmendmentAfter discussion of the annual budget report, Commissioner Freddie Adams movedthat final payment be made on the Four Oaks Water Line from county surplus revenues and furtherthat the following budget amendment be madeRevenues Increase 10- 301 -75 220,02325Expenditures Add to Special Appropriations Four Oaks Water Company220,02325Commissioner Hoyt Castleberry seconded the motion which was carried unanimously5 Blanket Encroachment Agreement - Board of Transportation and County of JohnstonUpon a motion by Commissioner Frank B Holding, duly seconded by Commissioner HowardBenton and carried unanimously, the following Blanket Encroachment Agreement for Utility ServiceConnection on Primary and Secondary Road System between the Board of Transportation and the Countyof Johnston was adoptedSTATE OF NORTH CAROLINABOARD OF TRANSPORTATION-AND-JOHNSTON COUNTYCOUNTY OF JOHNSTONBLANKET ENCROACHMENT AGREEMENTUTILITY SERVICE CONNECTIONS ONPRIMARY AND SECONDARY ROADSYSTEMNORTH CAROLINATHIS AGREEMENT, made and entered into this 3rd day of May ,19 76 , by and between the Board of Transportation, party of the first part, andCounty of Johnstonparty of the second part, W I T N E S S E T HTHAT WHEREAS, the party of the second part desires to install serviceconnections on the right of way of certain public roads on the State Primaryand or Secondary Road System in Johnston County, North Carolina; andWHEREAS, it is to the material advantage of the party of the second partto effect this encroachment, and the party of the first part in the exercise ofauthority conferred upon it by statute, is willing to permit the encroachmentwithinthe limits of the right of way as indicated, subject to the conditionsof this agreement;NOW, THEREFORE, IT IS AGREED that the party of the first part hereby grantsto the party of the second part the right and privilege to encroach and constructservice connections in the county mentioned above, without giving prior notificationto the party of the first part, subject to strict compliance to the following 18numbered special provisions;1 This Agreement applies only toa Aerial service connections that emanate from a pole outside highwayright of way or from an existing pole occupying the right of wayby virtue of an approved encroachment agreementb Underground service connections that emanate from a distributionline, feeder line, or main line outside highway right of way orfrom existing distribution line, feeder line, or main lineoccupying right of way by virtue of an approved encroachmentagreement Any service connection which is to be owned and orinstalled by any person other than the owner of the distributionline, feeder line, or main line shall not be included in thisagreement2 This agreement applies only to conventional highways on the Primaryand Secondary System of State roads3 This agreement does not apply to full control of access or partialcontrol of access highways184May 3, 19764 No new poles shall be placed on highway right of way Replacementpoles at the same location to accommodate service will not constitutea new pole5 No pavement shall be cut Shoulders stabilized with bituminousmaterial and or crushed stone will be considered as pavement6 No unpaved road shall be open cut7 No underground longitudinal installations will be allowed8 Road crossings by the methods of driving, jacking, or boring holesin excess of 6 inches in diameter will not be allowed9 Minimum bury beneath roadways shall be 3 feet; and 2 feet below thebottom of side ditches and sidewalks10 Highway drainage pipes and culverts are not to be disturbed11 No attachment shall be made to bridges or culverts12 That the said party of the second part binds and obligates himself to in-stall and maintain the encroaching facility in such safe and propercondition that it will not interfere with or endanger travel upon saidhighway, nor obstruct nor interfere with the proper maintenance thereof,to reimburse the party of the first part for the cost incurred for anyrepairs or maintenance to its roadways and structures necessary due to theinstallation and existence of the facilities of the party of the secondpart, and if at any time the party of the first part shall require theremoval of or changes in the location of the said facilities, that thesaid panty of the second part binds himself, his successors and assigns,to promptly remove or alter the said facilities, in order to conform tothe said requirement, without any cost to the party of the first part13 It is clearly understood by the party of the second part that the partyof the first part will assume no responsibility for any damage that maybe caused to such facilities, within the highway right of way limits, incarrying out its construction and maintenance operations14 During installation, the party of the second part shall be responsiblefor signs, lights, flagmen and other warning devices for the protectionof traffic in conformance with the latest Manual on Uniform TrafficControl Devices for Streets and Highways and amendments or supplementsthereto Information as to the above rules and regulations may beobtained from the Division Engineer of the party of the first part15 That the party of the second part agrees to restore all areas disturbedduring installation and maintenance to the satisfaction of the DivisionEngineer of the party of the first part The party of the second partagrees to exercise very reasonable precaution during construction andmaintenance to prevent eroding of soil; silting or pollution of rivers,streams, lakes, reservoirs, other water impoundments, ground surfaces orother property; or pollution of the air There shall be compliance withapplicable rules andregulations of the North Carolina Division of Environ-mental Management, North Carolina Sedimentation Control Commission, andwith ordinances and regulations of various counties, municipalities andother official agencies relating to pollution prevention and controlWhen any installation or maintenance operation disturbs the ground surfaceand the existing ground cover, the party of the second part agrees toremove and replace the sod or otherwise reestablish the grass cover tomeet the satisfaciton of the Division Engineer of the party of the firstpart16 All work is to be completed promptly with a minimum of delay17 That in the case of noncompliance with the provisions of this agreementby the party of the second part, the party of the first part reservesthe right to stop all work until the facility has been brought intocompliance or removed from the right of way at no cost to the party ofthe first part18 The party of the first part reserves the right to void this agreement atany time by submitting written notification to the party of the secondpartBOARD OF TRANSPORTATIONBYASSISTANT MANAGER OF RIGHT OF WAYATTEST OR WITNESSJohnston County Board of CommissionersCOMPANYNorman C Denning, ChairmanEI?fi4May 3, 19766 Extension Homemakers WeekCommissioner Hoyt Castleberry moved that May 2 - 8 be declared Johnston CountyExtension Homemakers Week , as this week is also National Homemakers WeekCommissioner Frank B Holding seconded the motion which was carried unanimously7 Awards Luncheon - Council on AgingCommissioner Hoyt Castleberry was designated to represent Johnston County at theCouncil on Aging Awards Luncheon in Raleigh Thursday, May 6, 19768 Regular Board Meetings - Once a MonthAfter discussion, Commissioner Frank B Holding moved that the Board of Commissionersdiscontinue, on a trial basis until October 1, 1976, the regularly scheduled third Tuesday nightmeetingCommissioner Hoyt Castleberry seconded the motion which was carried unanimouslyThe Board of Commissioners further emphasized they would be glad to schedule specialsessions during the month for groups or individuals who cannot possibly meet with the Board on firstMonday9 Secondary_ Road # 1572 - Request Order RescindedPaul Anderson, District Engineer, North Carolina State Department of Transportation,Division of Highways, met with the Board of Commissioners and advised that a °recent order by theBoard of Commissioners to splft Secondary Road # 1572, Smithfield Township,into separate roadswould lower rather than raise the paving priority ratingAs a result of this information and after discussion, Commissioner Hoyt Castleberrymoved that the order to separate this Secondary Road # 1572 passed by the Board of Commissionersat the April 20, 1976, board meeting and recorded on pages 181 and 182 Item # 15 of the JohnstonCounty Board of Commissioners Minute Book 1974 be rescindedCommissioner Howard Benton seconded the motion which was carried unanimously10 Road Petition — Poplar DriveThe Board was presented with a petition requesting that Poplar Drive in Sunrise AcresSubdivision, Smithfield Township, be added to the State Secondary Road system for maintenanceCommissioner Hoyt Castleberry moved that this petition be approved and forwardedto the North Carolina State Department of Transportation, Division of Highways with the Boardsrecommendation for considerationCommissioner Frank B Holding seconded the motion which was carried unanimously11 In -House Revaluation PresentationMr W P Ferriss, Tax Assessor Consultant with W P Ferriss, Incorporated, TaxAssessment and Data Processing, met with the Board of Commissioners and explained in detail witha slide presentation, the system of the computer assisted in -house revaluation programThe Board was very impressed with Mr Ferriss presentation12 Paul Keller - Community ActionPaul Keller, Director, Johnston -Lee Community Action met with the Board and advisedthat the Community Action Agency will soon need a new van for the Out of County TransportationProgram and requested that the Board give consideration to appropriating funds for this purposeUpon a motion by Commissioner Frank B Holding, duly seconded by Commissioner HoytCastleberry and carried unanimously, the Board recessed to meet again Tuesday, May 18, 1976 at730 pmNorman C Denning, Chairman tiEleanor N Creech, ler