April 4, 1977 - 10:00 AM - County Board of Commissioners Meeting Minutes

Meeting Board of Commissioners for the County of Johnston, Smithfield, N CApril 4, 1977The Johnston County Board of Commissioners met in regular session in the CommissionersRoom, Johnston County Courthouse, Smithfield, North Carolina, Monday, April 4, 1977, at 10 oclockam, with the following members presentNorman C Denning, Chairman, Frank B Holding, Vice Chairman, Howard Benton, J E Rogersonand John M BookerMembers Absent NoneChairman Denning called the meeting to order and the following business was transacted1 Minutes - ApprovedThe Board reviewed the minutes of the March 7, 1977, board meetingCommissioner John M Booker moved that the minutes of the March 7th meeting be approvedas recordedCommissioner J E Rogerson seconded the motion which was carried unanimously2 Davis Mill Community Requestl ^laterDonnie Tart and residents of the Davis Mill Community, south of Pine Level, met with theBoard requesting the county to build a water line connecting the Davis Mill Community with the TownI of Pine Level water supply Mr Tart advised that itwas approximately 15 miles from the townlimits of Pine Level to Highway 70 along Secondary Road # 2310 Mr Tart stated this community hasa critical problem as some of the wells have been declared not sanitary for drinking purposes bythe County Health Department Mr Tart presented a resolution supporting his request which wasread aloud to the BoardThese residents emphasized this line could serve as a link in the future county wide watersystem The Board agreed it falls within the Master Plan of a county wide water systemThe Board also advised they could not possibly begin to build water lines to serve particularural subdivisions, as Commissioner Holding stated lots of people have problems getting water The Board indicated they could not possibly make any commitments at this time, however, theywould consider this request when the county begins making plans for a water line along Highway 70from Smithfield to Princeton3 Buffalo Road Bridge - Water Line BrokenTom floore and Tim Broome, Ragsdale Engineers, along with Hugh Talton, Manager, Town ofSmithfield, met with the Board regarding the water line breakage at theBuffalo Road Bridge, thisline feeding Smithfield Junior High School Kramer Jackson, County Administrator, the engineersand Manager Talton related that the State Highway Commission constructing a new bridge and culvertsand digging out had resulted in the water washing the line out causi -ng the breakage The repair ofthis line was discussed at length, between the town, State Highway Department and county PaulAnderson, District Engineer, advised the highway right -of -way is secured by encroachment and anyfacility on the right of way the State Highway is not liable or responsible, however, since theywere working at this site, the Highway Department will furnish the men and equipment to help repairthe water lineThe Board of Commissioners instructed Kramer Jackson, County Administrator, Hugh Talton,Town Manager and Paul Anderson, State Highway Department, to work this situation out and get theline repaired4 Siqn Erected Coats CrossroadsCommissioner Frank B Holding moved that the State Highway Commission be requested toerect a sign designating the location of Coats Crossroads on Highway 210 in Elevation Township,provided that the name Coats is spelled to suit the majority of the people in this communityCommissioner J E Rogerson seconded the motion which was carried unanimously5 Road Petition - S R # 2154Commissioner J E Rogerson moved that the petition presented to the Board requesting thepaving of S R # 2154 in Oneals Township -be forwarded to the North Carolina State Department ofTransportation with the Boards recommendations for considerationCommissioner Frank B Holding seconded the motion which was carried unanimously6 Road Petition - S R # 1186Commissioner Howard Benton moved that a letter be written to the North Carolina Departmentof Transportation requesting a re- evaluation of S R #, 1186 in Bentonville TownshipCommissioner J E Rogerson seconded the motion which was carried unanimouslyllMWApril 4, 1977 Cont7 ReportsThe following reports were filed with the BoardBobby Corbett Electrical InspectorHarper Godwin Tax CollectorBruce Woodard Agricultural Extension ChairmanM J Oliver Fire MarshallRoland Hatcher Landfill ManagerL P Creech Veterans OfficerRecreation Grants1976 -19778 Contracts Awarded - Kenly WaterlineTom Moore, Ragsdale Engineers, reported they had checked all the bids on the KenlyWaterline and all bids were in order The Board discussed at length the use of AC pipe vs ironpipeAfter discussion of bids, Tom Moore, Engineer, Ragsdale Engineers, recommended thatbids be awarded as followsA Water LineDivision ISection I Smithfield to MicroJ L Excavating Inc, Columbia, S C low bidder513,05990Section II Nicro to KenlyShutt Hartman, Clemmons, N C low bidder241,18250B Booster Pump StationDivision IIBryant Utilities ConstructionHigh Point, N C low bidder169,99500C Elevated TankDivision IIIUniversal Tank Iron WorksAtlanta, Georgia low bidder222,47300 base bidD ElectricalDivision IVEdwards Electric Companyi-lilson, N C low bidderThe Board of Commissioners studied and reviewed the bids and awarded the contractsin the following mannerA Commissioner J E Rogerson moved that Division I, Section I be awarded toJ L Excavating Inc, Columbia, South Carolina, at 513,05990, and Section II be awarded toShutt Hartman, Clemmons, N C, at 241,18250, low biddersCommissioner Howard Benton seconded the motion which was carried unanimouslyB Commissioner Howard Benton moved that Division II, Booster Pump Station be awardedto Bryant Utilities Construction, High Point, N C, 169,99500, low bidder, subject to theengineers approval of the sub-contracts materials and equipmentCommissioner Frank B Holding seconded the motion which was carried unanimouslyC Commissioner Frank B Holding moved that Division III, Elevated Tank be awardedto Universal Tank Iron Works, Atlanta, Georgia, 222,47300 base bid, low bidderCommissioner J E Rogerson seconded the motion which was carried unanimouslyD Commissioner J E Rogerson moved that Division IV, Electrical be awarded toEdwards Electric Company, Wilson, N C, 12,26600, low bidderCommissioner Howard Benton seconded the motion which was carried unanimouslyMayor Gilbert Ray Whitley of Kenly present at this meeting at this time expressedappreciation to the Board of Commissioners and Kramer Jackson, County Administrator, for the workand cooperation on the Kenly Waterline Construction ProjectaApril 4, 1 77 ContDog Ordinance - Town of ClaytonKramer Jackson, County Administrator, advised the Board the Town of Clayton had requestedthat the County Dog Warden be authorized to assist the Town of Clayton in enforcing its dogordinanceThe Board instructed Mr_ Jackson to advise Clayton in as much as they have an ordinancethe county can not provide personnel to enforce this ordinanceMr Barbour, Dog Warden, talked with the Board regarding a fee system for the County DogPound The Board told Mr Barbour they would take this under advisement10 Tax Refund - Oneida Molded Plastic CorporationJohnnie Stott, Tax Supervisor, advised the Board that Oneida Molded Plastic Corporationhad paid 1976 taxes in the amount of 5385 billed to Clayton Development Corporation and Oneidais requesting a refund Johnnie Stott, Tax Supervisor, recommended a refund in this amountCommissioner J E Rogerson moved that Oneida Molded Plastic Corporation be refunded inthe amount of 5385 for taxes paid in the name of Clayton Development CorporationCommissioner Howard Benton seconded the motion which was carried unanimously11 Sub - Division Regulations Adopted Effective July 1, 1977Ken Windley, County?Planner, again met with the Board of Commissioners regarding theadoption of the Proposed Sub - Division RegulationsAfter discussion, Commissioner Howard Benton moved that the Johnston County Sub- DivisionRegulations be adopted effective July 1, 1977Commissioner Frank B Holding seconded the motion which was carried by the following voteAye Commissioners Howard Benton, Frank B Holding, J E Rogerson,John M Booker and Norman C DenningPlay NoneThe Sub - Division Regulations are recorded in the Johnston County Ordinance Book # 1, Pages56 through 9012 Tax Collector Confiscates Coin Operated MachinesEddie Rabil, Owner, Eds Cafe, Smithfield, met with the Board in protest against the TaxCollector and his actions in confiscating coin operated machines fromhis -place of business MrRabil advised the Board that he questioned the constitutionality of Mr Godwins actions as hewalked in and seized these machines juke box, pin ball, bowling ball without any warrant ornotice or demand whatsoever The Board was also advised that Glenn Daughtry, owner of themachines, after this seizure had been to the tax office willing to pay the taxes and penaltiesdue the county, but had been unable to do soHarper Godwin, Tax Collector, responded defending his actions by stating that thesemachines do not belong to Mr Rabil, and had been placed in his place of business by anotherparty, without purchasing any privilege licenses as required by lawMr Godwin also told the Board that one operator owed the county 56,000 in license feesand penalties Mr Godwin stated the majority of these operators have never tried to cooperatewith the county and made no effort to purchase privilege licenses to operate in the county andthe law allows a penalty of 2500 per day from the day the machine is placed in operation withouta licenseThe Board was astonished and told Mr Godwin this was not very realistic and mostunreasonable and he certainly needed to come to some reasonable figure TheBoard commended MrGodwin for his efforts to collect taxes, but again reminded him that 56,000 in penalties was notrealistic The Board further advised the Tax Collector that he needed to deal with the owners ofmachines, not with the person where machines are placedAfter a lengthy discussion in regards to the operation of coin machines in the county, theBoard agreed to support Mr Godwins efforts to- enforce the purchase of privilege licenses asrequired by law, however, the Board instructed Mr Godwin to allow a person to pay the ad valoremtaxes due, purchase a privilege license for each machine, reimburse the county for any moving andstorage involved should this action become necessary, plus pay a 100 penalty The Board furtherinstructed Mr Godwin to cooperate with these tax payers and if they come in the tax office andwish to purchase licenses if late to penalize according to any other taxpayer The Board alsoreminded Mr Godwin that the taxpayers are to be treated reasonable, fair and courteous at alltimesIf 14rIIApril 4, 1977 Cont13 1977 - 1978 Budget - Department of Social ServicesDonald Morrison, Director, Johnston County Department of Social Services, met with theBoard and presented the 1977 -1978 Budget request for the Department of SocialServicesMr Morrison explained the proposed budget, stating that he is not requesting any newpositions, the budget is requesting merit pay increases for 34 employees, an upgrade pay increasefor 8 employees and 18 employees will not receive pay increases July 1, 1977, because they have notqualified under the departments new job performance evaluation plan Mr Morrison also told theBoard the budget is less than the current years budget, however, the department can operate on thisbudget The budget reflects an increase in medicaid, but a decrease in other welfare assistancefundsAfter review, Commissioner Frank B Holding moved that the 1977 - 1978 Budget for theJohnston County Department of Social Services be tentatively adoptedCommissioner Howard Benton seconded the motion which was carried by the following voteAye Commissioners Howard Benton, Frank B Holding, J E Rogerson, John M Bookerand Norman C DenningNay None14 Civil Preparedness CoordinatorKramer Jackson, County Administrator, told the Board that the Johnston County RescueSquad Association endorses a full time Civil Preparedness Coordinator He also told the Board hehad written to several surrounding counties inquiring about a full time coordinator and they hadadvised in their opinion a full time person is not needed in this position15 Paving - Rescue Squad Area - Four OaksKramer Jackson, County Administrator, advised the Board that Mayor Thornton of FourOaks had inquired about paving at the rear of the Four Oaks Rescue Squad Building The Boardasked Mr Jackson to check and see if Four Oaks qualifies for this paving and if the StateDepartment can do this at this time16 Resolution - Calling Special Election - Stricklands Crossroads Fire DistrictCommissioner J E Rogerson moved that the following resolution be adoptedRESOLUTION CALLING SPECIAL ELECTIONWHEREAS, a petition has been duly presented to the Johnston County Board of Commissionerby at least fifteen per cent of the resident freeholders living and residing in the area lying out -side the corporate limits of any municipality in Johnston County, North Carolina, which area isdesignated as the Strickland Crossroads Fire District , and being described as followsBEGINNING at a point 1 on U S Highway 701 at its intersection with the Keen Road1178; then in a southeasterly direction to a point 2 on Bentonville- Smithfield Road 1009 03mile North of its intersection with Dead End Road 1184; then,in a southeasterly direction to apoint 3 on Dead End Road 1184 03 mile East of its intersection with Bentonville- SmithfieldRoad 1009; then in a southwesterly direction to a point 4 on Bentonville- Smithfield Road 100903 mile Southeast of its intersection with Dead End Road 1184 Then in a southerly direction toa point 5 on Bentonville - Smithfield Road 1009 05 mile Northwest of its intersection with RufusSanders Bridge Road 1185, omitting all properites along Bentonville- Smithfield Road 1009 betweenpoint 4 and 5; then in a southeasterly direction to a point 6 on Bentonville- Smithfield Road1009 05 mile Southeast of its intersection with Rufus Sanders Bridge Road 1135 Then in asoutheasterly direction to a point 7 on Bentonville- Smithfield Road 1009 08 mile North of itsintersection with Bentonville- Benson Road 1143, omitting all properties along Bentonville -Smithfield Road 1009 between Point 6 and 7;,then in a southerly direction to a point 8 onBentonville- Smithfield Road 1009 07 mile south of its intersection with Bentonville- Benson Road1143 including all property 500 feet east of Bentonville- Smithfield Road 1009; then in a south -westerly direction to a point 9 on Joyner Bridge Road 1185 13 miles south of its intersectionwith Mill Creek; then in a southwesterly direction to a point 10 on Blackmans Shop Road 113602 mile east of its intersection with U S Highway 701; then in a southwesterly direction to apoint 11 on U S Highway 701, 02 mile south of Overshot; then in a northwesterly direction topoint 12 at the intersection of the Hood Road 11135 and Blackmans Shop Road 1136; then in anorthwesterly direction to a point 13 on Mahler Road 1137, 07 mile west of its intersectionwith Hood Road 1135 Then in a northwesterly direction to a point 14 on Julie Road 1138 05mile southwestof its intersection with Stone Creek; then in a northeasterly direction to a point15 at the intersection of Julie Road 1138 and Oak Forest Road 1144, including all propertiesalong Julie Road 1138 between points 14 and 15 Then in a northwesterly direction to a point16 on Lee Road 1146, 08 mile east of its intersection with Hall Road 1145 Then in a north-easterly direction to a point 17 on Lee Road 1146, 05 mile south of its intersection withBentonville- Benson Road 1143, including all properties along Lee Road 1146 between points 16and 17 Then in a northeasterly direction to a point 18 on Bentonville- Benson Road 1143 04276April 4, 1977 Cantmile West of its intersection with Road 1147 Then in a northwesterly direction to a point 19on Lee Union Road 1148, 05 mile Southwest of its intersection with road 1149; then in anortherly direction toa point 20 at the intersection of Scotland Neck Road 1151 and MassengillRoad 1153 Then in a northeasterly direction to a point 21 on Stanley Road 1213, 01 milenorthwest of its intersection with Barefoot Road 1179 Then in a northeasterly direction to apoint 22 on Barefoot Road 1179, 01 mile northeast of its intersection withStanley Road 1212;then in a northeasterly direction to the point of BEGINNINGIt is requested that the Board of Elections in Johnston County hold a special election insaid district for the purpose of submitting to the qualified voters in said area the question as towhether or not there shall be levied and collected in said area a special tax not to exceed fifteen15f cents on the 100 in valuation of all taxable property, real or personal, in said area forthe purpose of providing fire protection in said fire districtCommissioner Howard Benton seconded the motion which was carried unanimously17 Resolution - Schedule B LicenseUpon the recommendation of Harper Godwin, Tax Collector, Commissioner Howard Benton 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 taxesfor the privilege of carrying on the business exercises, exercising the privilege of doing the actnamed therein, beginning June 1, 1977 and ending May 31,1978;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 1977 -1978, in strict accordance with 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, 1977, and ending May 31, 1978, 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 collectieffective;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 JohnM Booker seconded the motion which was carried unanimously18 Tax Refund - Howard WatkinsThe Board instructed Harper Godwin, Tax Collector, to refund 400 interest charged toHoward Watkins on 1976 taxes Mr Watkins name was spelled incorrectly on his 1976 tax receipt19 Board of Equalization and Review 1977The Board of County Commissioners will sit as a Board of Equalization and Review on Monday,May 2, 1977, at 10 oclock am20 208 Water Quality Management Planning - Triangle J Council of GovernmentsFrank Chamberlin, Triangle J Council of Governments, met with the Board and discussed the208 Area Wide Water Quality Management Planning Mr Chamberlin explained the major objectives ofthe 203 effort necessary to meet the 1933 water quality goals Mr Chamberlin pointed out that thidraft plan is ready for comments, the Board of Commissioners indicated they would take this planunder advisementUpon a motion by Commissioner Frank B Holding, duly seconded by Commissioner John MBooker and carried unanimously, the Board adjournedNorman C Denning, Chairmans ,Eleanor N Creech, lerkc