August 16, 1977 - 7:30 PM - County Board of Commissioners Meeting Minutes (Special)

8Fit width330Meeting of Board of Commissioners County of JohnstonAugust 16, 1977The Johnston County Board of Commissioners met in special session Tuesday,August 16, 1977, at 730 pm, in the Commissioners Room of the Johnston CountyCourthouse, Smithfield, North Carolina, with the following members presentNorman C Denning, Chairman, Frank B Holding, Vice- Chairman, Howard Benton,J E Rogerson and John M Booker, DVMMembers Absent NoneChairman Denning called the meeting to order and the following business wastransacted1 Associated Surveys - Land Value ScheduleWilliam Hester and Jack Lewis of Associated Surveys met with the Board andagain presented the following schedule of land values for the Boards considerationfor adoptionDeveloped LandResidential LandCommercial LandIndustrial LandShopping CentersI -95 SitesI -95 acreageApartmentsUndeveloped LandResidential LandCommercial LandIndustrial LandI -95 SitesI -95 AcreageLand Value Schedule1000 to 7000 per foot2000 to 35000 per foot300000 to 700000 per acre10,000 to 20,000 per acre15,000 to 40,000 per acre10,000 to 30,000 per acre600 to 1000 per unit1000 to 5000 per acre2000 to 35000 per foot1500 to 4000 per acre15,000 to 40,000 per acre10,000 to 30,000 per acreOpen Cultivated or PastureClassPavedDirtPathGrade A650600550Grade B550500450Grade C450400350WoodlandGood200175150Fair150125100Poor13010070Wasteland 50HomesitesPath 800 to 1000Dirt 1000 to 1800Paved 2000 to 3000These prides will apply where there are no other factors that effect thevalue of the land Factors such as commercial sites, well located small tracts,large or good road frontage, water and sewer location or any other factors thateffect the value will be taken into consideration in arriving at the land valueThe Board of Commissioners discussed this schedule at length with Mr Hesteespecially regarding the open cultivated farm land valuesThe Board reviewed a chart prepared by the Tax Supervisor showing the typeof property and increases in value using the proposed revaluation use rate Thischart reflected a 22570 increase in farm land and related properties, 5070 residentiaindustrial and rural lots and 57o personal property and public service companiesThe Board was very concerned over the increase in farm land compared to theother percentage increases and asked Mr Hester about this increase Mr Hesterexplained that valuations are getting more equalized WimW,ii1I jiAugust 16, 1977 ContCommissioner Holding indicated that he was not prepared to adopt thisschedule at this meeting, as he stated that he wanted the tax burden to be sharedas equal as possible The Board deferred action on this matter until the September 6, 1977,meeting2 Smithfield - Selma Controversy Over Zoning JurisdictionMayor James E Peedin and Ken Collings, Manager, Town of Selma, Mayor BobWallace and Hubie Talton, Manager, Town of Smithfield, and a delegation from bothtowns met with the Board of Commissioners regarding proposed satellite annexationby the Town of Smithfield of a 448 acre site owned by Leo Daughtry and KennethHinton, located on Highway 301 which lies within Selmas extraterritorial zoningjurisdiction and also a question between the two towns over water and sewer servicesto undeveloped areas between the two townsKen Collings, Manager, Town of Selma, presented the following resolutionwhich had been adopted by the Selma Town Council and requested its adoption by theBoard of CommissionersRESOLUTION REQUESTING COUNTY ACTIONFOR JURISDICTION OF WATERSEWER LINESIWHEREAS, The County of Johnston has in the past built water and sewer linesfrom Smithfield to various points within Johnston County; andWHEREAS, The Town of Selma has in the past supported and would like tocontinue supporting the construction of water and sewer lines by the County ofJohnston where such construction has and will benefit the continued economic growthand development of our county; andWHEREAS, The County of Johnston is now building a water line from Smithfielto Kenly; andWHEREAS, this water line is to run through the Town of Selmas extra-territorial jurisdiction and city limits; andWHEREAS, a contract has been signed by and between the Towns of Smithfieldand Kenly, the County of Johnston and Squibb in Kenly in February, 1976, withoutinput or consideration of the Town of Selma or the citizens of Johnston County; andWHEREAS, The Town of Selma was not aware of the terms of this contract untilOctober, 1976, or Selmas expected role in its application; andWHEREAS, Because of the provisions of this contract and because of a lackof agreement on control and maintenance of this line to Kenly, the Town of Selmacan not derive econornic benefit or capability for future growth from such anarrangement; andWHEREAS, The County of Johnston is also to build a water line to Clayton;andWHEREAS, the County of Johnston has turned over to the Town of Smithfieldauthority over water and sewer lines built by use of County funds; andWHEREAS, the building of water lines by the County of Johnston and subsequdelivery of authority over such lines to the Town of Smite field has and will giveSmithfield an unfair advantage over Selina, PJiicro, Four Oaks, Kenly, Clayton andother surrounding areas in the continued economic development of these areas; andWHEREAS, the Town of Selma has attempted to arrange joint meetings ?rith theTown of Smithfield, but such a joint meeting between the Towns to discuss thesituation and resolve the matter has been refused by the Town of SmithfieldTHEREFORE BE IT RESOLVED THATThe County of Johnston transfer all authority over water and sewer linesnow in service between Smithfield and Selina, from the extra- territorialboundary line between the two towns north to the Town of Selma effectiveAugust 16, 1977The County of Johnston establish a policy effective August 16, 1977, thatno municipality may cross the extra - territorial jurisdiction line of anothemunicipality with utility lines when such crossing is made by connection toutility lines constructed or financed, wholly or in part by funds appro-priated by the County of Johnston, unless a formal agreement between theCounty and the municipalities concerned is executed332August 16, 1977 ContThe County of Johnston set a limit at which the Town of Smithfield maycharge the Towns of Selma, Four Oaks, Clayton, Micro, Kenly, etc, at a rate notto exceed the bulk water rate applicable to sanitary districts and municipalitiesas now charged by the Town of Smithfield, effective August 16, 1977The County of Johnston, upon completion of the water line to Kenly, transfauthority of the line within the extra - territorial jurisdiction of Selma to theTown of SelmaThe County of Johnston establish a policy concerning future construction ofwater and sewer lines as to the Towns which shall have authority and the bound-aries of such authorityThe County of Johnston begin plans on the establishment of a County widewater authority for the sole purpose of the production and maintenance of a centralwater supply for the people of Johnston CountyAdopted the Day of , 1977Commissioner Frank B Holding indicated the county certainly did not needany misunderstanding between Selma and Smithfield and the Board asked if there wasanyway Selma and Smithfield could work out the situation between themselvesThese questions regarding; -the zoning and water- rights were raised when LeoDaughtry and Kenneth Hinton, owners, asked Selma to rezone this property to lightindustrial which the Town of Selma did for commercial development purposes Afew days later Mr Daughtry and Mr Hinton filed a petition with the Town of Smith-field asking them to annex this property The Town of Selma objected to thisannexation by the Town of Smithfield as the area was in their extraterritorialboundaries and they were providing electrical service to this areaMayor Bob Wallace of Smithfield indicated to the Board that only the Townof Smithfield could legally annex this property as it lies closer to Smithfieldscity limits than to SelmasAnother question for the property owners was how to get water and sewer tothe property and this brought about the question of who owns the water and sewerlines running along the railroad to the Sylvania Plant The county ran the waterand sewer lines from the Smithfield city limits to the Sylvania Plant ColonelCollings asked the Board of Commissioners, who owns and controls the water linesrunning along the railroad and I -9511 This seemed to be the unanswered question,even though Selma and Smithfield bill users off this line built by the countyCommissioner John M Booker also asked this question regarding ownership of thewater and sewer lines The entire Board indicated a willingness to help resolve the problemregarding the ownership of the water and sewer lines lying between the two townsThe Board also told representatives from Selma and Smithfield they would work withthem in trying to resolve this matter even though they have no authority regardingthe common territorial boundariesIn Selmas resolution, the Town Council asked that the county transferall authority over water and sewer lines now in service between Smithfield andSelma, from the extra- territorial boundary line between the two towns north to theTown of Selma, effective August 16, 1977 Commissioner Benton indicated that something should be worked out betweenthe two governing bodies to resolve this matterKenneth Hinton, one of the owners of the property in question, stated hecertainly did not intend any controversy between Selma and Smithfield, he onlywanted water and sewer and had talked with Smithfield about tapping on to waterand sewer lines along the railroadCommissioner Booker advised that areas between Smithfield and Selma areprime areas to be developed if facilities were available, now there is a disputebetween two fine towns which should be resolved, we need to work in harmony withthe feeling there will be developers which will benefit this community and maybe ona large scale Commissioner Booker continued, the county has shown good faith inrunning lines to Four Oaks, Kenly and Clayton to help develop these areas Ltappears that the Town of Selma is handicapped financially and are due considerationto provide growth, which will increase the tax base for the towns as well as thecounty Commissioner Holding further stated both towns have merit in this case asthey I have good points, if the County Board can provide leadership to help getthese tw towns together and resolve this matter, I believe this problem can beworked outMayor Peedin indicated they wanted to know where they can go and where notto goli}iI336August 16, 1977 Cont9 Agreement for Reimbursement Per Diem Cost of Maintenance of Persons in LocaConfinement FacilitiesUpon a motion by Commissioner J E Rogerson, duly seconded by CommissionerHoward Benton and carried unanimously, the following agreement was adoptedSTATE OF NORTH CAROLINACOUNTY OF JOHNSTONIt is hereby agreed by and between the North Carolina Department of Correct-ion and the County of Johnston that the North Carolina Department of Correction shalpay, and the County of Johnston shall accept the sum of 800 per day, per inmate,as the per d erirt cost of providing food, clothing, personal items, supervisors, andiWcessary medlpcil services etc tho`s? male misdemeanants committed to the custody oftlib C i ntyRof Johnston serving sentences of 31 to 180 daysThe County of Johnston shall on such form as the Department of Correctionshall prescribe, present a monthly statement of the per diem expense of maintainingall such persons received serving sentences of 31 to 180 days together with astatement of any extraordinary medical expenses incurred in the maintenance of suchpersons to the North Carolina Department of Correction, to the attention of theAssistant Secretary for Fiscal Affairs, 840 West Morgan Street, Raleigh, NorthCarolina 27603 Records of the cost for maintaining all such person shall be keptby the County or the City, and the Department of Correction, or a resprsentativethereof, shall have the right to inspect said records and audit the same at any timEThe County of Johnston agrees that the custodian of the local confinementfacility of such County or City shall transmit any work releaseearnings of suchpersons to the North Carolina Department of Correction in a prompt mannerExcept in the case of an emergency, the Sheriff of Johnston County shallcontact the North Carolina Department of Correction for express authority prior toincurring extraordinary medical expenses in the course of maintaining persons forwhom per diem expenses are to be paid by the North Carolina Department of CorrectionThe Department of Correction may, at its option, receive the personin need-ofmedical care into its custody in order to render such medical care or treatment asmay be required In an emergency, the Sheriff or the Chief of Police may proceedto arrange for such care and treatment as may be required, but shall immediatelynotify the North Carolina Department of Correction as to the nature of the emergencytreatment rendered and physical condition of the person treatedThe parties hereto agree and understand tha, t the continuation of thts?agreement for the period set forth_ herein and the funds hereunder are subject tothe availability of funds to the agency of the State of North- Ca;;rolsna wW -ch_ xnay beresponsible for the payment of said funds,This agreement shall become effective on July 1, 1977, wbether or notexecuted prior to that time This agreerrient shall xexa _n in effect unt?j -m do ghtJune 30, 1978, and shall be renewable thereafter on a biennial basks-Signed and Dated this °11 day of August, 1977, at Raleigh -, North-Carolina,STATE OF NORTH CAROLINADEPARTMENT OFCORRECTIONBY Amos E ReedSecreta;ry, Department of CorrectironCOUNTY OF JOHNSTONBY No n C DennYh CHAIRMANJOHNSTON COUNTY BOARD OF COMMtSSIONERSAPPROVAL AS TO THE FINANCIAL PROVISIONSSTATE OF NORTH CAROLINADEPARTMENT OF ADMINISTRATIONBY J W GrimsleySecretary, Department of Administration 9August 16, 1977 Cont10 Jail Inspection by County AdministratorCommissioner Frank B Holding asked Kramer Jackson, County Administrator,to visit the County Jail at least once a week or often enough to see that thefacility is clean and its general condition satisfactoryThe Board indicated a need tobe conscientious about the operation andmaintenance of the county jailUpon a motion by Commissioner Howard Benton, duly seconded by CommissionerJohn M Booker, the Board adjourned,tNorman C Denning, Chairmanf,Eleanor N Creec Clerk