July 5, 1977 - 10:00 AM - County Board of Commissioners Meeting Minutes

July 5, 1977 - Regular1 11Fit widthtv of JohnstonJuly 5, 1977The J ©1z pton Count,T Board of Commissioners met in regular session in theC ,b mrriT8§,ioners doom o-f the Johnst®n ,County Courthouse, Smithfield, North Carolina,Tuesday, July 5, 197x, a`t ib o??clock am , with the following members presentNorman C Denning, Chairman, Frank B Holding, Vice Chairman, J E RogersonKoward Benton and Join MI Dooker, DVMMembers Absent NoneThe Chairman called the meeting to order and the following business wastransacted1 Minutes ApprovedThe Board reviewed the minutes of the May 31, June 6, 7, 13 and 20th boardmeetingsCommissioner Howard Benton moved that the minutes of the May 31, June 6, 7,13 and 20th board meetings be approved as recordedCommissioner J E Rogerson seconded the motion which was carried unanimously2 New Employee - Extension ServiceMr Bruce Woodard, Chairman, Johnston County Extension Service, met with theBoard and introduced Melissa Brantley Mr Woodard advised the Board that he hadinterviewed rliss Brantley to fill a vacancy in his staff as an Assistant 4 -H Exten-sion Agent, effective July 11, 1977 ,Ir Woodard further advised that Iliss Brantleywas a graduate of East Carolin University receiving a BS degree in Home Economicsand he is recommending her for this positionThe 3oard talked with Maiss Brantley, after which, Commissioner J E Rogersollmoved the Board concur with Mr Woodards recommendation for the employment of MelissaBrantley to fill this position with the Agricultural Extension Service effectiveJuly 11, 1977Commissioner Howard Benton seconded the -motion which was carried unanimously3 Appointment of Tax SupervisorCommissioner John M Booker moved that Johnnie Stott be reappointed asJohnston County Tax Supervisor for a two year term effective July 1, 1977Commissioner Howard Benton seconded the motion which was carried unanimousl4 Paving Request - Four Oaks Rescue SquadKramer Jackson, County Administrator, advised the Board that the Town ofFour Oaks Four Oaks Rescue Squad is requesting that the county pave the rearentrace to the Four Oaks Rescue Squad buildingThe Board considered this request and asked Mr Jackson to contact PaulAnderson, District Engineer, State Highway Commission, to determine the eligibilityof this request in considering State Secondary Road funds5 Resolution - Carolina Power and Light Livestock ArenaThe Chairman of theBoard for consideration andor electric service, whichbeginning of service on theAugust, 1982, to which contschedule of rates and rulesBoard of Johnston County Commissioners presented to theaction a contract with Carolina Power and Light Companycontract is dated July 5, 1977, and provides for the15th day of August, 1977, and ending on the 15th day ofTact is attached filed with the Clerk the Companysand regulations covering such serviceCommissioner Frank B Holding, a member of the Board, introduced thefollowing resolution and moved that it be adoptedRESOLVED, that the Chairman and Board Cler_ be and they are hereby authorizeiand empowered, in the name of and for and in behalf of the County of Johnston toexecute said electric service contract with Carolina Power Light CompanyThe motion to adopt the foregoing resolution was seconded by CommissionerBenton, a member of the Board, and, after discussion, the resolution was duly adopt ,there being five 5 votes in favor thereof and no votes against it30I,0July 5, 1977 ContData General - Amendment to ContractCommissioner J E Rogerson moved that Item # 2 of the contract betweenData General Corporation, County of Johnston and the Town of Clayton, recorded inpart on page 297 of the Commissioners Minute Book of Johnston County, be amendedas follows2 During the term of this Contract, the Town of Clayton will deliver tothe Company at such York Property such amounts of water as the Company may requireto meet the Companys present and anticipated future requirements as shown aboveThe Town of Clayton will run a 12 inch line from its existing water facilities tothe York Property and will maintain a flow rate of 1,000 gallons per minute at 50lbs per square inch To the extent that the Town of Clayton shall not do so, theCounty of Johnston will, during the term of this contract, supply to the Companysuch amounts of water as the Company may require to meet the Companys presentand anticipated future requirements as shown aboveCommissioner Howard Benton seconded the motion which was carried unanimously7 Mobile Home Ordinance - Complaint - Tie Down Jerry PittmanMr Richard Oliver and Jerry Pittman met with the Board regarding ArticleVI, Section B, item # 5 anchorage of the Mobile Home and Mobile Home ParkOrdinance Mr Oliver and Mr Pittman advised the Board they had tie downs anchorwhich they thought were sufficient, however, the Code Enforcement Officer had toldthem these anchors were not in compliance with the Mobile Home Ordinance regulationsMr Pittman inquired of the Board of Commissioners what flexibility he had, if any,in order to complyThe Board talked with Wayne Strickland, Code Enforcement Officer, and MrStrickland advised that the ordinance calls for a minimum of a four 4 foot depthfor anchorsThe Board and Mr Strickland advised Mr Oliver and Mr Pittman therequirement could be waived for 30 days and a temporary permit issued so that theunit may be occupied Mr Strickland indicated he would do this for Mr Pittman8 Business Property Assessments - AfterlistJohnnie Stott, Tax Supervisor, met with the Board and presented a list ofbusinesses which had failed to list their 1977 property for taxes Mr Stottexplained he had used the 1976 assessments as a basis and is requesting he beallowed to assess these companies at these values plus a ten ;percent afterlistpenaltyThe Board reviewed these assessed values with approval and asked Mr Stottto notify the owners by certified mail9 Clavton 201 Study - Wastewater TreatmentGene Cobb of Ragsdale Engineers, met with the Board to acquaint the Boardwith the choice of expanding Claytons Wastewater Treatment Plant or building asewage main to the Raleigh Wastewater PlantMr Cobb told the Board the Clayton Plant is outdated, the state will notapprove additions to the plant unless it meets secondary requirments with properoperations Mr Cobb emphasized that the construction costs of expanding at Claytoror going to Raleigh would be about equal, most of which would be funded by FederalgrantsThe Board was advised of the advantages and disadvantages of expanding atClayton and of going to the Raleigh plantMr Cobb also emphasized, with the industrial, growth around Clayton theplant needs to be built for further expansionAftera lengthy discussion with Mr Cobb, the Board decided it had nodesire to do anything premature and they needed to hear from the Clayton Boardbefore any decision is officially made10 Contracts - 201 Wastewater - Phase ICommissioner Howard Benton moved that the Chairman be authorized to executeamendment # 4 to Agreement for Professional Engineering Services with RagsdaleEngineers in connection with Wastewater Collection, Interception, Pumping and Treat-ment Facilities Improvements to serve the Smithfield -Selma 201 Facility PlanningArea, Phase ICommissioner J E Rogerson seconded the motion which was carried unanimousNy?IIIJuly 5, 1977 Cont11 Contract - 201 Soil and Materials Engineers, IncUpon a motion by Commissioner Frank B Holding, duly seconded by CommissionHoward Benton and carried unanimously, the following contract between the County ofJohnston and Soil and Materials Engineers, Inc, was adoptedCONTRACT FOR ENGINEERING SERVICESThis agreement which is a per diem type of contract is entered into andbecomes effective this 5 day of July , 1977, by and between the County of Johnstonhereinafter the OWNER and Soil Material Engineers, Inc hereinafter theENGINEER W I T N E S S E T HThat whereas the 0771TER intends to construct water pollution control facilitto comply With current standards of the State of North Carolina and the U SEnvironmental Protection Agency hereinafter EPA , including a regional wastewatetreatment facility, flow equalization facilities, wastewater pumping stations andother appurtenances, known as the Smithfield -Selma 201 Area Regional WastewaterFacilities Improvements, hereinafter t -1e PROJECT , AND desires the ENGINEER toperform certain inspection and testing for earthwork operations, material testing,and monitoring of blasting operationsNOW THEREFORE, the OWNER and the ENGINEER, in consideration of the recitalsand mutual covenants herein set forth mutually agree as follows1 Scope of WorkThe work shall consist of the followinga Inspection of earthwork, undercutting and filling operationsb Evaluation of undercut soilsc Density testing of field soils and standard Proctor Testing offield soilsd Monitoring vibration during blasting operationse Testing concrete samplesf Other related construction services as may be requested by theOwner2 Period of ServiceThe completion time for the Project shall equal the period of contractcompletion time of the Contract Divisions III and IV plus any allowable timeextensions of said construction contracts3 CompensationThis is a per diem contract with a ceiling of 13,495 for servicesrendered and 1,505 for travel and subsistence cost reimbursement for service to beperformed The ceilings hereby established may not be exceeded except as authorizein writing by the OWNERa The hourly rates by labor category as shown below are hereby establishfor remuneration purposes of this contract Each hour of servicerendered as a direct charge to this contract in accordance withparagraph 2 above shall be billed accordingly These rates areestablished for the entire contract periodLabor CategoryEngineerStaff EngineerClerical DraftingLaboratory TechnicianEngineering TechnicianHourly Rates2962244192211841400b Travel costs directly related to this project may be billed at a rateof 20 day Billings may be submitted as necessary but in no eventmay the total billings exceed 200004 Personnel and FacilitiesThe ENGINEER warrants that he now has or will secure at his ownexpense, all personnel required to perform the services under this contract withinthe required completion dates set forth in paragraph 2 above Such personnelare not employees of nor have any contractual relationship with the OWNER Allpersonnel in the work shall be fully qualifiedsi314July 5, 1977 ContCommissioner Frank B Holding further moved that Mr Jacksons recommendatibe implemented personnel policies to apply to the Mental Health Clinic personnelCommissioner John M Booker seconded the motion which was carriedunanimouslyThe Board briefly talked with Earl Marett and J D Searcy, Mental HealthDepartment, regarding new positions requested in the 1977 -1978 budget request17 Rest Homes vs Nursing Homes - Health CareMrs Nathan Lassiter, operator of the Marlboro House Rest Home, met with theBoard and gave a film presentation on Rest Homes vs Nursing Homes Mrs Lassiteremphasized this film was to acquaint people with health care facilities meetingthe level of care needed by the patient, placing a person in the right facility tomeet their need is very important in health careThe Board advised Mrs Lassiter the film was very informative and thankedher for bringing it to the Board18 Resolution - Easements - Kenly WaterlineRESOLUTIONWHEREAS it is necessary in the public interest that an easement be acquiredfor the construction of a water line from Selma to Kenly; whereas efforts have beenattempted to acquire by deed an easement from the heirs of the late L George, butthe heirs of the late L George have failed to sign a deed of easement dated March10, 1977; whereas the County of Johnston is authorized by law to acquire an easementacross and upon said lands of the late L George by the exercise of the power ofeminent domain and that such is for a public purposeNOW, THEREFORE, BE IT RESOLVED by the County Board of Commissioners ofJohnston County; that it enter into condemnation proceedings to acquire as easementupon the lands described as followsBEGINNING at Station 83 + 4336, a point in the property line between thelands of A Z Thompson and those of the L George Estate as recorded inBook 141 page 8, Johnston County Registry; said beginning point is locatedS 06 deg 43 58 W 1176 feet from the intersection of the westernproperty line of L George Estate and the Southern RW of Seaboard Coast-line Railroad; thence the line runs parallel with and 10 feet south of theSouthern RW of Seaboarglcoastline Railroad N 64 deg 58 35 E 30645feet to Station 86 + 49 —, a point in the property line between the landsof the L George Estate and those of Dr J W Whitehead See Plat BookPage , Johnston County RegistryBE IT FURTHER RESOLVED that the County Attorney of Johnston County be andhe is hereby authorized to participate to the extent deemed necessary in the con -demnationproceedings for the acquisition of said easement upon said property andto execute allpapers that may be needful to accomplish the purposes of the- piZoceedl i`gs Motion was made by Commissioner Frank B Holding, seconded by CommissionerJ E Rogerson that the foregoing resolution be adopted All members presentvoting ayeRESOLUTIONWHEREAS it is necessary in the public interest that an easement be acquiredfor the construction of a water line from Selma to Kenly; whereas Penny Creech andSammy Creech have an interest in lands in Johnston County; and their mother andother members of their family have already signed a deed of easement to saidproperty, and whereas Penny Creech is age thirteen and Sammy Creech is age twelve;and whereas it is necessary that legal action be taken to condemn said lands; andwhereas the County of Johnston is authorized by law to acquire an easement acrossand upon said land of Penny Creech and Sammy Creech by the exercise of the powerof eminent domain and that such is for a public purposeNOW, THEREFORE, BE IT RESOLVED by the County Board of Commissioners ofJohnston County; that it enter into condemnation proceedings to acquire an easementupon the lands described as followsisi 1July 5, 1977ContBEGINNING at a poin64in the northern controlled access RW of NCSR # 2329at Station 243 + 29 - -, thence from said beginning0rint the line runs N02 deg 52 18 W 100 feet to Station 243 + 39 - -; thence the line runsparallel with and 10 feet north of the northern controlled access RW ofNorth Carolina Interstate # 95 N 87 deg 07 42 E 19885 feet to a pointin the property line between the lands of Betty Pittman Creech as recordedin Book 624 page 140, Johnston County Registry, and those of the J HPittman Estate This description was drawn from a plat prepared by RagsdalEngineersBE IT FURTHER RESOLVED that the County Attorney of Johnston County be andhe is hereby authorized to participate to the extent deemed necessary in the con-demnation proceedings for the acquisition of said easement upon said property andto execute all papers that may be needful to accomplish the purposes of theproceedingsMotion was made by Commissioner Frank B Holding, seconded by CommissionerJ E Rogerson that the foregoing resolution be adopted All members present andvoting aye19 Moccasin Creek Watershed Drainage DistrictRichard Moore, Attorney, for the Moccasin Creek Drainage District, andGordon Peedin, Board Member, met with the Board of Commissioners and asked thecounty for financial assistance to help maintain the watershed Mr Moore and MrPeedin indicated the county needed right of way easements across drainage districtareas for the Kenly Waterline and asked if any right of way funds could be allowedto assist with maintaining of said district It was pointed out that rest areasalong Interstate 95 are drained by this watershed and it cost approximately 3,000to 4,000 a year to maintainThe Board discussed this matter at length and agreed that the county doesnot need to pay for right of ways along drainage district property, however, askedMr Jackson to determine if any assessed funds for the drainage district over andabove the principle and interest due on the loan can be used for maintenance20 Salary Schedule for Departments of Social Services, Health and MentalHealth AdoptedCommissioner J E Rogerson moved that Model Salary Schedule # 4 be adoptedfor the Departments of Health, Social Services and Mental Health for the fiscalyear 1977 - 1978Commissioner Howard Benton seconded the motion which was carried unanimouslUpon a motion by Commissioner John M Booker, duly seconded by CommissionerHoward Benton and carried unanimously, the Board adjourned4MeanZo`rN?Cre h, ClerkNorman C Denning, Chairman