October 3, 1977 - County Board of Commissioners Meeting Minutes

Previous page1 15Fit width350October 3, 1977 ContAfter adjournment of the Joint Board meeting, Chairman Denning called toorder the Board of Commissioners for the regular meeting of the Board, the follow-ing business was transacted1 Minutes - ApprovedThe Board reviewed the minutes of the September 6, 1977, board meetingCommissioner Howard Benton moved that the minutes of the September 6, 1977,board meeting-be approved as recorded Commissioner J E Rogerson seconded themotion which was carried unanimously2 Road Maintenance RequestMr Jasper Everette and Flossie Everette of Route # 1, Princeton, N C metwith the board regarding the condition of secondary road # , in BentonvilleTownship Mr Everette advised this road is in poor condition where heavy truckshave traveled the roadCommissioner Howard Benton moved that the North Carolina Department ofTransportation, Division of Highways be requested to upgrade this roadCommissioner John M Booker seconded the,motion which was carried unanimous3 ReportsThe following reports were filed with the BoardL P CreechRubert C BarbourBobby CorbettPhil RicksHarper GodwinJohnnie StottKramer Jackson4 Purchasing in CountyVeterans OfficerDog WardenElectrical InspectorExtension ServiceTax CollectorTax SupervisorFinancial ReportCommissioner Howard Benton advised the Board it had been called to hisattention that county agencies are purchasing alot of supplies out side the countyAfter discussion, Commissioner Benton moved that county agencies beinstructed to purchase materials, supplies and services from businesses in thecounty provided prices are competitive with out of county firmsCommissioner John M Booker seconded the motion which was carriedunanimously5 Appointment - Jury CommissionCommissioner J E Rogerson moved that L J Worthington of Princeton bereappointed to the Johnston County Jury Commission for a two 2 year term expiringSeptember 1, 1979Commissioner John M Booker seconded the motion which,was carriedunanimously6 Appointment - Hospital Board of Trustee MembersCommissioner Howard Benton,moved that William Powell Bagley of Claytonand Dr Hubert Poteat of Smithfield be reappointed to the Johnston Memorial HospitEBoard of Trustees for a term of five 5 years expiring October 1, 1982Commissioner John M Booker seconded the motion which was carried unanimouECommissioner Benton commented that Johnston Memorial Hospital needed a goocstrong Board of Trustees and members that will attend meetings regularly as theyare concerned with the expenditures of the hospital and the xising operating costsThe members need to be encouraged to attend the meetings on a regular basis7 Jail ReportKramer Jackson, County Administrator, submitted the following jail in-spection report[yI found the entire jail area to be clean and neatThe complaints received were as follows1 The shower in the female cell could not be adjusted properlycausing the water to get too hot Several plumbers have beencalled to adjust the water temperature Until no-d, no one hasbeen able to adjust the water temperature0IliiOctober 3, 1977 Cont,2 The county was low on towels and soapBoth items have been ordered3 The chief jailer has been instructed to order fla-,-a retardant Fiat esseto replace those mattresses which are not flame retardantOn Friday, Septe_ ber 9, iu4r lson, _N C Tail Detention Services obse ,vedthe jai 1 to be in the best condition he could remember8 Budget Amendment - vlater and SewerCommissioner Iioward Benton imoved that a budget amendment in the amount of16,875 be made from the Contingency fund to 1066699 and funded to the Town ofSmithfield to assist with the installation of water and sewer lanes to serve anannexed area on 301 between Selma and Smithfield Commissioner Bentonfurther moved the Town of Smithfield be requested to collect the users fees that areto be determined at a later date by the County Administrator, Town 11anager andRagsdale Engineers and further this money to be recovered by the county thoughservice fees from usersCommissioner J E Rogerson seconded the motion ahi ch was carried by thefollowing voteAye Commissioners Howard Benton, J E Rogerson and Norman C DenningAbstaining Commissioner John i4 Booker9 Budget Amendment - Purchase of BulldozerCommissioner John `4 Booker moved that a budget amendment in the amount of2,00000 be made from the Contingency Fund and appropriated to 1058074 to purchasa bulldozer and dragl ine from the Wilson Technical InstituteKramer Jackson, County Administrator, explained in discussion, that lVilsonTechnical Institute had a bulldozer and dragline for sale that had been used bythe school for instructional purposes that was in good operating conditionAfter further discussion, Commissioner J E Rogerson seconded the motionwhich was carried unanimously10 Budget Amendment - State Grant- Family PlanningCommissioner Howard Benton moved that a budget amendment in the amount of44,000 be made, revenues to come from State Government and appropriated to theFamily Planning Budget 1058900, to be administered by the Johnston County HealthDepartmentCommissioner John M Booker seconded the motion which was carried unarimouslib11 Budget Transfer - Technical Institute PavingKramer Jackson, County Administrator, advised the Board that Dr Tart,President, Johnston Technical Institute, had requested that 30,000 originallybudgeted for janitorial services be transferred for the use of paving a portion ofthe parking lot Mr Jackson explained that CETA funds are being used to retainjanitorial workers at the Technical Institute, freeing this 30,000for other use11r Jackson also advised the board that the entire parking lot is expected to costapproximately 60,000, and the Board of Trustees of the Technical Institute isfurther requesting that the County Commissioners consider providing the additionalfundingAfter discussion, Commissioner Howard Benton moved that 30,060 of theTechnical Institute budget be transferred from line itme 1068399 to 1068372 forpaving of a portion of the parking lotCommissioner J E Rogerson seconded the motion which was carried unaninousl?12 Contract Title IV -D Program - Department of Social Services -Legal ServicesUpon a motion by Commissioner Howard Benton, duly;seconded by CommissionerJohn M Booker and carried unanimously, the following contract was approved andexecuted by the ChairmanSTATE OF ,TO T `4 CAROL I ETAJO NSr-0 N COUP ,Y CONTRACT OF EMPLOYMENTTHIS CONTRACT made and entered into this the first day of July, 1977, byAND between the Johnston County Commissioners, party of the first part, and W AHolland, Jr, Attorney, party of the second part;W I T N E S S E T HTHAT WHEREAS, the party of the first part desires to employ said party ofthe second part as its counselor at law for the County of Johnston upon the follow-ing terms;October 3, 1977 Cont1 This Contract shall begin on the first day of July, 1977, and shallexist and continue until the last day of June, 1978, unless sooner terminated uponthirty 30 days notice of either party2 Said party of the second part, upon reasonable notice, is to be avail-able for consultation, legal advise and representation on all legal matters arisingfrom the duties of the party of the first part under sections 128 and 140 ofChapter 110 of the North Carolina General Statutes and United States Public Law93 -647 and the federal regulations lawfully promulgated pursuant thereto3 Said party of the second part agrees to comply with all the requirementof sections 128 through 140 of Chapter 110 of the North Carolina General Statutes,United States Public Law 93 -647, and the regulations promulgated prusuant theretorelating to the performance of program legal services including, but not limited tomaintaining such records as are required by the party of the first part, to makesaid records available for federal or state audit if required, and to make financiastatistical, and program progress reports as are requiredi4 For his services under this contract, the party of the first part agreeto pay the party of the second part 2500 3000 in court dollars 2500 3000per hour for each hour spent by the party of the second part providing legalservices under the Child Support Enforcement Program Such hourly rate shall en-compass all expenses, including but not limited to, those for salary,supplies,office space, heating and maintenance for office space, telephone service, longdistance telephone calls, and travel The party of the second part is not to bereimbursed for any extraordinary expense incident to performing the services ineluded under this agreement; except, that the party of the first part agrees topay all court costs and filing fees which; are required to be paid in conjunctionwith services provided by the attorney under this agreement,IN TESTIMONY WHEREOF, said parties have executed this contract in tripli-cate originals, one of which is to be retained by the party of the first part, oneof which is to be retained by the party of the second part, and one of which is tobe filed with the Child Support Enforcement Section, Division of Social Servicesof the Department of Human Resources, Raleigh, North Carolina_By W A HollandAttorneyBy Norman C Denning13 Contract - Wake County Detention HomeUpon a motion by Commissioner John M Booker, duly seconded by CommissioneHoward Benton and carried unanimously, the following contract was approved andexecuted by the ChairmanSTATE OF NORTH CAROLINADEPARTMENT OF HUMAN RESOURCES325 North Salisbury StreetDETENTION SUBSIDY REPAYMENT AGREEMENTRaleigh 27602This contract is hereby executed between the Department of Human Resources,herein called Department, and Johnston County, hereinafter called CountyW I T N E S S E T HTHAT WHEREAS, Johnston County is eligible under a separate contract, here-inafter referred to as Agreement, with the Department and Wake County which operata juvenile detention facility located at 4012 Whitaker Mill Road, Raleigh, NorthCarolina which is known as the Wake County Juvenile Detention Center, and pursuantto said Agreement Wake County will provide juvenile detention services to JohnstonCounty in its juvenile detention facility; andWHEREAS, under said Agreement, the Department will make certain subsidypayments to Wake County towards the cost of maintaining children from Johnston,County in the Wake County detention facility; andWHEREAS, North Carolina General Statute 134A -38 provides that the Depart-ment shall develop;a State subsidy,pogram to pay a county detention home whichprovides regional detention? 5eryic and meets State standards a certain portionof its operating cost a;nd its per capita daily cost per child for any child caredfor from another county; andnitiQkOctober 3, 1977 ConnWHEREAS,,North Carolina General Statute 134A-38 provides that any countyplacing a child in the county-detention home of another county providing regionaljuvenile detention services shall pay fifty percent 50To of the per capita dailycost of caring for the child to the DepartmentNO0,T, THEREFORE, for and in consideration of the mutual promises to eachother, as hereinafter set out, Department and Johnston County do mutually agree asfollowsSECTION ONEPAYS E`TT TO DEPARTMENTTA The County agrees to pay the Department 1500 per child care day for whichathe Wake County detention facility keeps a child from Johnston County in its countydetention facility For the purposes of this cont,_ract, child care day, is definedas any calendar day or portion thereof during which a child from Johnston County _sdetained in the Wake County detention facilitySECTION TWOUSE OF DETENTION PACIL-71 TYA Johnston County shall have the right subject to the conditions set out inthis section to place in the detention horde operated by 771ake County children fromJohnston County who are alleged or adjudicated to be delinquent or undisciplined asdefined by Article 23, Chapter 7A of the North Carolina General Statutes and whorequire secure custody for the protection of the community or in the best interestof the child,B Prior to the placement of a child fromJohnston County in the Wake Countyidetention facility, Johnston County shall telephone the ,lake County detention facili-yto determine if there is space available for said child in the detention facilityIf there is space available for such a child, Johnston County shall notify the WakeCounty detention facility as to when the,3hildwill arrive at the detention facilityC No child may be placed in the detention facility ivi-hout -a copy of the courtorder committing the child to the detention facilityD If the Wake County detention facility does not have si?pce for a non-residentchild, Johnston County must make othe- -r arrangeil I renits for the praceynent of the childJohnston County should notify the Director of of the Division of YouthServices of the Department off Human Resources of the lack of space for the childSECTION THREEPAYMENTS TO THE DEPART VIE NTA Johnston County shall pay the Departrae t for money due under this contractat the rate set out in Section One, Paragraph ? of this contract on a monthly basisSaid payments shall be due ten days after receipt from the DeDart-rent of the billfor the number of child care days provided by the Wake County detention facility tochildren from Johnston CountySECTION FOURTERM OF AGREEMENTA This contract shall be effective upon the signature of all the parties tothis contract This contract shall continue until 30 June 1978 unless soonerterminated At the termination of this contract all monies due under the terms ofthis contract shall be made to the Department within t•--a days of receipt by theJohnston County of a final bill from the DepartmentB Either party to this contract may withdraw from the contract ,ipon, thirty30 days written notice to the other party and payment in full of all monies dueunder this contractDEARTMENT0,F HUMAN RESOURCESDIVISION OF YOUTH SERVICESbyDate William R Windley, DirectorCountyOctober 3, 10-77T B31r771C ,? nersDate rNa airman, C6unrT7Date Al Barham, ControllerDivision of Youth ServicesApproved as to FormRufus L EdmistenAttorney General ofbyNorth CarolinaOctober 3, 1977 Cont14 Resolution — Widening of US 301 Smithfield to BensonUpon a motion by Commissioner Howard Benton, duly seconded by CommissionerJohn M Booker, the Board of County Commissioners concurred in a request by endors-ing the resolution adopted by the Town of Four Oaks Board of Commissioners to widenUS Highway 301 to four 4 lanes from Smithfield to Benson A copy of thisresolution is filed with the Clerk to the Board15 Princeton - Request Mobile Home Inspection by County Code Enforcement`OfficKramer Jackson, County Administrator, advised the Board that the Town ofPrinceton is requesting permission to adopt a Mobile Home Ordinance and require theenforcement by the County Code Enforcement OfficerThe Board discussed this matter at length, however, deferred any action atthis time16 Benson Area Medical Center — Board Endorses Grant ApplicationWilliam Matthews, Chairman, Benson Area Medical Center, requested theBoards endorsement of a Rural Health Initiative Grant Application Mr Matthews,by letter, explained the Benson Area Medical Center is having to re- submit itsapplication with minor changes not to duplicate services with any existing agencies,Commissioner Howard Benton moved that the Benson Area Medical CentersR1I Grant Application be endorsed by the Board of County CommissionersCommissioner John M Booker seconded the motion which was carried unanimous17 Letter - Smithfield Junior High Advisory Council - GymnasiumKramer Jackson, County Administrator, called to the attention of the Boarda copy of a letter from T E Williams, addressed to Ray Boyette, Chairman, JohnstorCounty Board of Education, regarding concern over the original date of letting bidson the new gymnasium at the Smithfield Junior High School18 Health Clinics at Benson Civic CenterKramer Jackson, County Administrator, advised the Board Helen Ray, DirectolJohnston County Health Department, is requesting that partitions and air conditionerbe installed in rooms where Health Clinics are held in the Benson Civic Center TheBoard discussed this matter and expressed concern about spending money on a buildingthat does not belong to the County, however, decided the partitions and air conditiccould be removed from the building, they would not be permanent fixtures Afterdiscussion, Commissioner Howard Benton moved that partitions only be installed inrooms where Health Clinics are held in the Benson Civic CenterCommissioner John M Booker seconded the motion which was carriedunanimously19 Transportation - Meeting with State OfficialsThe Board of Commissioners set the date of November 22nd to meet with theofficials from the North Carolina Department of Transportation to discuss roadneeds and priorities in Johnston County20 Resolution - Clean Water Bond Funds - Water and Wastewater Facilities -Clayton Data GeneralUpon a motion by Commissioner Howard Benton, duly seconded by CommissionerJ E Rogerson and carried unanimously, the following resolutions were adoptedRESOLUTION OF JOHNSTON COUNTY BOARD OF COMMISSIONERSWHEREAS, the North Carolina Clean -Water Bond Act of 1971 has authorizedthe making of grants to aid eligible units of government in financing the cost ofconstruction of wastewater treatment works, wastewater collection systems, andwater supply systems, andWHEREAS, the County of Johnston has need for and intends to construct awastewater collection facilities project described as wastewater facilities toserve a new industry on N C Highway 42 northeast of Clayton, andWHEREAS, THE County of Johnston intends to request State grant assistancefor the projecttyiersit?_9tOctober S, 1977 ContNOW THEREFORE, BE IT RESOLVED, BY THE BOARD OF COMMIOF JOHNSTON ONERS OF THE COUNTY???That the County of Johnston will arrange financing for all _remaining costsof the project if approved for State and Federal Grant awardsThat the County of Johnston will adopt and place into effect on or beforecompletion of the project a schedule of fees and charges which will provide adequatefunds for proper operation, maintenance and administration of the systemThat the County of Johnston will provide for efficient operation and maint-enance of the project on completion of construction thereofThat Mr Kramer Jackson, County Administrator, and successors so titled, ishereby authorized to execute and file an application on uehalf of the County ofJohnston with the State of North Carolinafor grants to aid in the construction ofthe project described aboveThat Mr Kramer Jackson, County Administrator, and successors so titled, ishereby authorized and directed to furnish such information as the appropriate Stateagencies may request in connection with such applications on the project; to makethe assurances as contained above, and to execute such other documents as may berequired in connection with the applicationThat the Countv of Johnston has substantially complied or will substantiallycomply with all Federal, State and local laws, rules and regulations, and ordinancesapplicable to the project and to Federal and State grants and loans pertainingthereto; and hereby authorized the above designated representatives to execute anaffidavit so statingAdopted this the 3rd day of October, 1977, at Smithfield, North CarolinaNorman C DenningChairman, Johnston County Board ofC0-_- ;1missionensRESOLUTION OF JOHNSTON COUNTY BOARD OF COMMISSIONERSWHEREAS, the North Carolina Clean Water Bond Act of 1971 has authorized themaking of grants to aid eligible units of government in financing the cost ofconstruction of wastewater treatment works, wastewater collection systems, and watersupply systems, andWHEREAS, theCounty of Johnston has need for and intends to construct awater supply system project described as the Smithfield to Clayton Water SuppliesFacilities and Water Line to Serve an Industrial Site on Highway 42 Northeast ofSelma,WHEREAS, the County of Johnston intends to request State grant assistancefor the projectNCW , T HEREFCRE , BE IT RESOLVED, BY THE BOARD OF -_C zH I S S I0N L3S OF THE COUNTYOF JOIJ] ST ONvThat the County of Johnston will arrange financing for all remaining costsof the project if approved for State and Federal grant awardsThat the County of Johnston will adopt and place into effect or or beforecompletion of the project a schedule of fees and charges which will provide G1,dequatefunds for proper operation, maintenance and administration of the systemThat the County of Johnston will provide for efficient operation andenance of the project on completion of construction thereofThat Mr Kramer Jackson, County Administrator, and successors so titled, ishereby authorized to execute and file a grant application on-behalf of the County ofJohnston with the State of North Carolina to aid in the construction of the projectdescribed aboveThat Mr Kramer Jackson, County Administrator, and successors so titled, ishereby authorized and directed to furnish such information as the appt1 °opriate Stateagencies may request in connection with such applications on the project; to makethe assurances as container above, and to execute such other documents as may berequired in connection with the application356October 3, 1977 ContThat the County of Johnston has substantially complied or will substant-ially comply with all Federal, State, and local laws, rules, regulations, andordinances applicable to the project and to Federal and State grants and loanspertaining thereto; and hereby authorized the above designated representatives toexecute an affidavit so statingAdopted this the 3rd day of October, 1977, at Smithfield North CarolinaChairman, Johnston County BoardCommissioners21 Community Based Alternative Program GrantBy motion of Commissioner Howard Benton, seconded by Commissioner J ERogerson, and carried unanimously, the Board approved an application for the Boardof Education for a State grant in the amount of 11,07474 for a Community BasedAlternative Program This program will enable the schools to have an AlternativeSchool for students who cannot be effectively served in the public schools due topersonal, emotional, disciplinary and other adjustment problemsBy motion of Commissioner Howard Benton, duly seconded by CommissionerJ E Rogerson and carried unanimously, the following Letter of Intent toParticipate was filed with the North Carolina Department of Natural and EconomicResourcesLetter of Intent to ParticipateIn accordance with the policies and procedures established by the Secretaryof the Department of Human Resources this is to advise that the Board of Commission rsfor Johnston County after due consideration and by majority vote of the Commission,hereby affirms its intention to participate in the statewide Community -Based Al-ternative ProgramWe understand and agree that under the formula adopted for the allocationof state funds appropriated by the 1977 General Assembly our County is entitledto receive up to 11,07474IOur local cash or in -kind match as determined by the Social Services jEqualization Formula reference Community Based Fund Section of the policies andproecedures and guidelines will equal 10 of the actual monies received under this E,programRespectfully submitted this 3rd day of October, 1977Norman C Denning, ChairmanBoard of County Commissioners22 Kenly Industrial Development CommissionBy motion of Commissioner J E Rogerson, the Johnston County Board ofCommissioners, hereby, request 200,000 from the Kenly Industrial DevelopmentCommission to be applied as the required balance on the Smithfield - Kenly- SquibbWaterlineThe Board of County Commissioners agree to repay the full 200,000 withaccrued interest to the Kenly Industrial Development Commission as revenues becomeavailableMotion seconded by Commissioner Howard Benton and carried by the followingvoteAye Commissioners J E Rogerson, Howard Benton, John M Booker andNorman C DenningNay NoneCommissioner Frank B Holding absent23 Salary Increase — Sheriffs Department - Detectives Commissioner J E Rogerson moved that the salaries of Detectives JoeBaker and ONeil Ginn with the Johnston County Sheriffs Department be increasedfrom 10,524 to 11,052 annually retroactive to July 1, 1977Commissioner John M Booker seconded the motion which was carriedunanimouslyn r-3WOctober 3, 1977 Cont24 Applications for County Insulation inspectorThe Board instructed Kramer Jackson; CountyAdministrator, to acceptapplications for the County Insulation inspector in order to make a recommendationto the Board of Commissioners at the November meeting In accordance with a newState law the Board must appoint an insulation Inspector for the county by January,1978,Jahn8ton?Voiin,ty,4-7H?Recre-atibn, Grant - ExtensionThe Board of Commissioners agreed and granted the Johnston County 4-HRecreation Project an additional thirty 30 days for the use of revenue sharingrecreation funds granted in the fiscal year 1976-197726 New Livestock Arena InspectionKramer Jackson, County Administrator, reminded the Board of the inspectionof the Livestock Arena Wednesday, October 5, 1977, at 10 oclock am27 Airport Zoning DelayedA delegation of Whitley Heights residents and land owners adjacent to or-9near the Johnston County Airport property, represented by Attorney George Mast, metwith the Board of Commissioners and Presented the following petition signed by 315property owners and residents opposing the zoning of property around the airportNORTH CAROLINAJOHNSTON COUNTY PETITIONTO Kenneth N Windley, JrJohnston County PlannerJohnston County Planning BoardN B Grantham, ChairmanM A Morgan, Vice ChairmanWilliam J SuggR L HoltJohnston County CommissionersFrank B HoldingHoward BentonJ E RogersonNorman DenningJohn BookerTHE UNDERSIGNED PETITIONERS, being landowners of Johnston County affectedby proposed land use control and zoning regulations for land areas adjacent to andsurrounding the Johnston County Airport now under construction northwest of theTown of Smithfield, petition the Johnston County Planning Board and the Board ofCommissioners of Johnston County and allege as followsTHAT petitioners are advised, informed and verily believe that the JohnstonCounty Board of Commissioners, in conjunction with the construction of said airport,has directed the Johnston County Planner and the Johnston County Planning Commissionto draft certain proposed zoning regulations, which will affect the petitioning landowners, and to hold public hearings and ultimately to present zoning ordinances tothe Board of Commissioners for possible enactmentTHAT the Johnston County Airport, present near completion, was proposed andsponsored by the Johnston County Airport Authority and the Johnston County Board ofCommissioners, and at such time said airport was proposed there was no mention what-soever of any possibility of or need for zoning of adjacent land areasTHAT the Johnston County Airport Authority and the Johnston County Board ofCommissioners solicited support of and approval for the placement and constructionof said airport from the citizens of Johnston County and the petitioners hereinTHAT the petitioners herein are advised, informed and verily believe that tlFederal Aviation Agency has no regulations requiring zoning as a prerequisite tofederal aid for the construction of said airport or any airport under the AirportDevelopment Aid Program, nor is such zoning required before the airport underconstruction may be operated upon its completion Petitioners also contend, there-fore, that it is not reauired that any particular area adjacent to or surroundingthe airport be placed under any zoning regulations by the County or other authority358October 3, 1977ContTHAT if such zoning regulations were required, the Airport Authority andthe Board of Commissioners knew or should have known of such requirements, and theactions of the Airport Authority and the Board of Commissioners in solicitingsupport of the construction of the airport among the petitioners and the citizensof Johnston County without advising them of such requirements, was misleading andamounts to a breach of faith with thecitizens of Johnston County aid particularlywith the petitioners hereinTHAT any zoning classifications and regulations as proposed would be forthe promotion of a specific and limited use only, ie, for the construction of anairport, rather than in accordance with a comprehensive plan designed for the entircounty or similar divisions of its territorial jurisdictionTHAT any zoning regulations as proposed would not adequately take intoconsideration the character of the district as being presently constituted by orpotentially suitable for residential subdivisions, industrial and commercial sitesand agricultureTHAT any such zoning regulationsimpact on the value of present buildings,said districtas proposed would have a detrimentalresidences and other structures withinTHAT the enactment of zoning regulations as proposed would tend to dis-courage the most appropriate use of the land within the said district by impeding,discourage or prohibiting the expansion and development of residential areas notdirectly affected by the airport under construction, and further such proposedregulations would tend to discourage the development of lands presently utilizedfor agriculture into commercial, industrial or residential usesTHAT the enactment of zoning regulations as proposed would create aterritorial zoning district greater in area than that which is needed or requiredfor the orderly and safe use and development of the airport presently underconstructionTHAT the enactment of zoning regulations as proposed would place uponlandowners within the proposed zoning district certain stringent restrictions uponthe use of their land, that of the petitioners, which are greater than necessaryfor the orderly and safe use and development of the airport presently underconstructionTHAT the enactment of zoning regulations as proposed would place stringentand unnecessary restrictions upon landowners within said district, and particularlyso with regard to the petitioning landowners within the Whitley Heights subdivisionpresently governed by sufficient restrictive covenantsTHAT the enactment of zoning regulations as proposed would amount to sogreat a restriction upon the use of landowners within said district that theregulations will result in an unlawful taking of such land by the Countywithoutadequate compensation by law thereforTHAT the enactment of zoning regulations as proposed would be arbitaryand capricious, and would be detrimental to the rights of property owners withinsaid district, including, but not limited to the petitioners herein Furthermore,the petitioners contend that the enactment of such zoning regulationsas proposedwould be an unauthorized exercise of powers not delegated to the County by theLegislature or the Constitution of the State of North CarolinaWHEREFORE, the petitioners respectfully petition that the action taken bythe Board of County Commissioners in requesting the Johnston County Planner andthe Johnston County Planning Commission to formulate the zoning regulations afore-said be rescinded and that no such regulationsbe enactedThis the 3rd day of October, 1977Mr Mast stated to the Board of Commissioners that this groups intentionswas not to interfere with the progress of Johnston County They feel they havebeen treated unfairly as they were told, and lead to believe, the Johnston CountyAirport would not affect their property in anyway Mr Mast contended theairport will upset and affect their personal life There are manyunansweredquestions in regards to the airport and zoning of property around the airportMr Mast asked if there are sufficient funds to completethe airport as originallyplanned Jimmy Flowers, Chairman, Johnston County Airport Authority, answered MrMast stating; funds are granted in three stages as the work is done; a grading;this work is done; b paving, this work is now under contract and being done cthe third stage will be repayment to the county for land purchase and lightingfIjivy ifi ?IloOctober 3, 1077ContMr Mast asked if the authority expected to receive these funds withoutzoning Mr Flowers responded, these funds were accepted with the understandingthere would be some type of zoning or land use planning done in accordance with thefederal regulations as outlined in the Master Airport Plan Mr Flowers furtherstated that the source of funding is Federal 00 , State 5 , and County 5 Mr Mast, the property owners and County Board members asked if funds would haveto be returned, or could the airport open, if the property around the airport isnot zonedMr Mast advised that according to federal officials in Washington andAtlanta, federal funding at this stage of construction does not depend on zoningof property around the airport Kramer Jackson, County Administrator, also advisedthis was the information he had received He stated that future funding would bejeopardized if we did nothing John Brantly, Airport Specialist, agreed, thecounty could get through this stage of construction and funding would not bejeopardized, but any future funding might not go through without zoning Mr Mast asked the following questions Who is on the Airport AuthorityWas there an Environmental Study made Number of locally based planes and noiseimpact Mr Flowers responded, as follows; there has been a four mile comprehensivestudy done on the noise, he named the members of the Airport Authority Mr Flowersestimated approximately twenty -five locally based planes, and estimated trafficof about 50 planes per weekJohn Brantley commented that in the Environmental Study an evaluation wasmade on the noise factor for future use of the airport The regulations wereextended to try and cover all traffic, however, Johnston County does not anticipatemuch, if any, jet trafficMr Mast questioned the purpose of zoning Mr ,Flowers responded, thepurpose of zoning is to protect the investment of the county, State and FederalGovernment, to insure the continued useability of the facility, to avoid developmenttaking place that would not be suited and that will affect the useability of theairport and to protect the people and property around the airportMr Mast further questioned, is zoning important enough to infringe uponthese peoples rights The main restrictions would deal withheights in excess of200 feet, housing projects and mobile home courts, stated Mr FlowersCommissioner John M Booker asked, if this would be a noisy airport andasked what type of planes would be using the airport Mr Flowersresponse wasthat this would not be a noisy airport and the traffice would be mostly twin engineexecutive planes along with small aircraft Commissioner Booker also asked, asthe airport is now planned, could it be opened for operations without zoningrestrictions Mr Mast replied, he believed that it could John Brantley agreedMr Leroy Moore and several others stated to the Board of Commissionersthat they had not been personally contacted and asked what affect the airport wouldhave on them and their property Mr Bobby Stephenson told the Board that theproperty owners around the airport are petitioning against zoning as they feel itis grossly unfair to zone this property around the airportMr Leroy Moore further stated that the people felt, if the Board of CountyCommissioners were to zone this area, they would like for the entire county to bezoned They do not feel they should be treated any different from -the rest of thecounty Mr Almond Warwick stated it was his understanding the only restrictionswould be in regards to heightMrs Max Linda Creech expressed concern about the county portion of fundsappropriated to the airport project and asked if county monies come from ABC fundsIt was her understanding that ABC funds were to be used for water and sewer linesHow can they be used for both Mrs Creech also inquired if any airport gradinghad been done in excess of 3700 feet Mrs Creech was advised this had not beendoneCommissioner Howard Benton asked the people present, as the airport standsright now, is this airport acceptable to you peopleMr Mast replied, with no expansion and no zoning, these people will notcomplain Mr Mast indicated to the Board members that he and his clients under-stand the County Commissioners interest in the airport is for the development ofthe county to attract industry which would create a better standard of living,however, they could not see a need for expansion John Brantley again emphasizedthat in planning stages the future needs of the airport were considered, but theysee no need for expansionOctober 3, 1977 ContMr Leroy Moore againstated t-o the Board, the people have been misleadand they want to bring it to the attention of the Board of County CommissionersCommissioner Benton told the group that the Board of Commissioners had no intentionof misleading anyone, however, in order to maintain orderly growth a certain amountof land use planning has got to be done and unless the county takes some kind ofaction, the State will come in and do it Chairman Denning indicated that it washis understanding that the airport was what the county needed He did not recallhearing the word zoning or land use mentioned when the airport was in the planningstage Chairman Denning also explained the need for some type of land use He,however, did not intend or wish to create burdens for property ownersMr Mast again reminded the Board, leave zoning alone and leave expansionalone and theyre happy Mr Mast requested the Board to rescind the motion passed for the PlanningBoard and Airport Authority to proceed, with plans to zone the property around theJohnston County Airport siteKen Windley, County Planner, said the Planning Board had planned foranother Public Hearing on October 18thChairman Denning asked that the Planning Board postpone the Public Hearinguntil the Board of Commissioners could meet again and decide whether to proceed witszoning around the airport Chairman Denning also indicated that the Commissionersneeded a full Board before any further action was taken28 Tax AfterlistJohnnie Stott, Tax Supervisor, reported the following tax afterlist forthe months of August and September; August - receipt numbers 31,571 through 31,766value 1,272,910, total 13,05438; September - receipt numbers 31,767 through31,950, value 964,811; total 10,445,94, total to date, value 2,237,721,total 23,50032Mr Stott also furnished the Board with an individual list of all the abolistings for their review29 Tax ReleasesJohnnie Stott, Tax Supervisor reported to the Board that Request forReleases number 1988 through 1999 and 0001 through 0122 had been made to the TaxSupervisors Office Mr Stott explained that reasons for these releases vary fromdouble listing to Senior Citizens exemptions Mr Stott furnished the Board withdetail list of all releasesCommissioner J E Rogerson moved that the above releases be approvedaspresentedCommissioner John M Booker seconded the motion which was carriedunanimously30 Tax Refunds`Johnnie Stott, Tax Supervisor, presented the following refund request forthe Boards considerationa Rose Manor Swimming Pool Mr Bob Franklin - President of Rose ManorSwimming Pool Association requests that the organization be refunded 4037 paidfor late listing penalty on 1977 taxes Due to changing of officers each year, thenew officers do not receive some of their mail and they were under the assumptionthat real estate was carried forward automatically with no penaltyRecommendation recommend that, due to the circumstances, this be grantedfor current year only A plan has been established to prevent this in the futureAfter discussion, Commissioner J E Rogerson moved that the above refundbe approved and granted in the amount of 4037Commissioner John M Booker seconded the motion which was carriedunanimouslyb Mrs Thelma Morgan - Selma Township - Mrs Morgan requests a refundof 4650 on value of 5,000 She was eligible for SeniorCitizens exemption butdid not receive She has already paid her taxes for 1977Recommendation recommend that this refund be grantedAfter discussion, Commissioner John M Booker moved that the above refundbe approved and granted in the amount of 4650Commissioner Howard Benton seconded the motion which was carriedunanimously?IOctober 3, 1977 Contc Mr James Hunter Benson - ngrams Township - Mr Benson requests arefund of 3139 on value of 3,375 Mr Bensons mobile home has been doublelisted as real estate and as persoialprepertyRecommendation recommend that this refund bepaid ranted Taxes have beenAfter discussion, Commissioner Howard Benton loved that the above refundbe approved and granted in the amount of 31,39Commissioner John M Booker seconded the motion which was carriedunanimouslyd Miss Elizabeth Temple - Selma Township3471 in late listing penalty be released She hasquest that this penalty be released due to her beingand could not come to Smithfield and list Miss Temshe was billed from the carbon copy of her listingsignature on the back and return it to us It was aout of county residents with no penalty but since weout, we have not gone by this policyM,- Miss Temple requests thatasked Mr George Mast to re-ill during tax listing timeple owns only real estate andAll that was necessary was herpolicy in the past to bill thehave been mailing these formsRecommendation It is not recommended that this be grantedAfter discussion of the above request the Board decided that this requestwas in line with other requests, therefore, Commissioner Howard Benton moved thatthe above request for a release in the amount of 3471 be approved and grantedCommissioner John M Booker seconded the motion which was carriedunanimouslye Brenda Jones - Smithfield Township - Mrs Jones requests a refund,of1718 for overpayment of 1977 taxes due to filing incorrectly On her 1977 abstracshe stated she owned a 1968 model mobile home She presented her title which callsfor a 1965 model The 1718 is the taxes overpaid on the difference in valueRecommendation Even though the error was caused by tKe taxpayer, it isrecommended that this be refundedAfter discussion, Commissioner Howard Benton moved that the above refundbe approved and granted in the amount of 1718Commissioner John M 3ooker seconded the motion which was carriedunanimously31 Paul Anderson - Highway EngineerPaul Anderson, District Engineer, North Carolina Department of Transportatimet with the Board and reported the Department of Transportation had run a recounton secondary road # 1336 and reported the findings Mr Anderson also reported hehad contacted Rev Waymon Pritchard of the Raleigh Rescue Mission in regards toadding the mission road to the State Secondary Road System Mr- Anderson reportedthis road could not be added to the State Secondary Road System in its presentstate, that is classified as a private roadThe Board talked with Mr Anderson regarding paving the driveway at theFour Oaks Fire Department Chairman Denning advised that the Four Oaks FireDepartment had built a new building and wanted to know if the State would do thepaving Mr Anderson advised the Board that the State had just made a new rulingand the Department of Transportation could no longer pave for fire departments andrescue squads located within city limits, unless it was done from secondary roadfunds The Board asked Mr Anderson to talk with the fire department officials andexplain the states new ruling The Board also asked Mr Anderson to check onsecondary road # Everette road as it needs maintenance32 Emergency Preparedness - Crisis Relocation PlanMr Don Isom, Tom LaMar, Bob Dunmire and Art Lanson, with the North CarclinState Division of Civil Preparedness, along with Wayne Strickland, met with theBoard of Commissioners and reviewed the Crisis Relocation Plan involving johnstonCounty Mr Isom presented and explained a film on the National Emergency Preparedness Program The purpose of this presentation was to determine what publicofficials think of the Crisis Relocation Planning Chairman Denning and the Boardthanked Mr Isom for this informationia33 Mobile Home Problem - E M DenningMr E M Denning of Four Oaks met with the Board and explained that he hamany problems in trying to set up a mobile home for occupancy MrDenning ex-plained, however, that this was no fault of the County Code Enforcement Officer orthe Mobile Home Ordinance regulations Mr Denning stated the mobile home he hadpurchased had an electrical problem which was a factory default, but he could notget the dealer to stand behind _the mobile home Mr Denning wanted to know ifthe Board of Commissioners could require the mobile home dealers to meet therequirements of the Mobile Home OrdinanceThe Board and Kramer Jackson, County Administrator, suggested that MrEMDenning write to the North Carolina Office of Attorney General and explain thesituation and he E M Denning would hear from them regarding this matter34 Subdivision Regulations - AmendmentCommissioner John M Booker moved that the Subdivision Regulations beamended as followsSubdivisions containing ten 10 or more lots shall be considered as apublic water supply and shall be served by a central water supply systemthat meets the requirements of the Sanitary Engineering Section, Divisionof Health Services, Department of Human Resources; or, the subdivider, orthe agent of the subdivider, shall in subdivisions of ten 10 or morelots, be requiredto provide 40,000 square foot lots for all lots withindividual wells and septic tanksCommissioner J E Rogerson seconded the motion which was carriedunanimously35 Easement - Town of SmithfieldCommissioner Howard Benton moved that the following easement be executedby Chairman Norman C Denning;NORTH CAROLINAJOHNSTON COUNTYTHIS DEED of EASEMENT, made this 3rd day of October, 1977, byand between the County of Johnston, a governmental Corporation of North Carolina,party of the first part, and the Town of Smithfield, a municipal corporation ofthe State of North Carolina in Johnston County, party of the second part;WITNESSETHThat whereas said party of the first part is the owner of a certain tractor parcel of land located in or adjacent to the Town of Smithfield as is moreparticularly shown and set forth on a plat recorded in Plat Book , Page ,Johnston County Registry That the party of the second part desires an easementor right -of -way across a portion of said lot or parcel of land for the purpose oflaying and installing and placing across a portion of said parcel of land waterlines, sewer lines, and other utility lines in order to connect the same with thegeneral sewage system, water system, and utility system of the municipality ofSmithfield and whereas it is necessary that in so doing that they go upon thepremises-of the party of the first part to construct said lines across saideasement as hereinafter describedNOW, THEREFORE, said party of the first part, for and in considerationof the sum of Dollars, to it in handpaid, does hereby give, grant, and convey unto said party of the second part aperpetual right and easement to construct and maintain across and upon said landsof the party of the first part an underground sewer line andor water- and utilitylines extending across the lands of the party of the first part as is set forthon the map herein referred to and to go upon said lands whenever the same isreasonably necessary for the purpose of inspecting, maintaining, and repairingsaid water, sewer and utility lines; provided, that said lines shall be placedas near the center of said easement as is reasonably possible, and that inconstructing and repairing said lines said party of the second part shall removeall surplus earth, make level the surface of the ground above said sewer line, andinterfere as little as is reasonably possible with any plants, fences, or otherimprovements upon the land of the party of the first partTHE party of the second part further agrees to restore the premises toits prior condition as much so as is reasonably possible after the installation orrepair of any of the lines upon said easement premisesutOctober 3, 1977 fContjSAID easement to be twenty feet in width for a permanent easei-iient and thirtyfeet in width for a temporary or construction purposes or repair or replacementpurposes to be measured for a permanent easement ten feet on each side of the linehereinafter described and for a temporary or construction easement and repaireasement fifteen feet on each side of a line hereinafter described, said linesbeing hereinafter described as followsBeginning at a point in the property line between Mrs Hughes Lammand a tract of land owned by the County of Johnston Said pointbeing located S 05 degrees 31 W 1010 feet from the southern right, -of -wayof US Highway #301 Thence from the above described beg - inning, -thecenterline runs parallel with and 100 feet south of the southern right -of -way of U S Highway #301 N 77 degrees 11 E 3970 feet and N 74 degreesO1 E 1430 feet to point at centerline station 23 +00 Thence the center-line runs N 05 degrees 00 W 1015 feet to a point in the southern right -of -way of U S Highway #301 Said point being located 300 feet measuredperpendicularly from the centerline of U S Highway #301This instrument is meant to describe the centerline of a 20 -foot widepermanent and a 30 -foot wide construction easement for the purpose ofinstalling a sanitary sewer lineTO HAVE AND TO HOLD said right of way easement to wit to said party of thesecond part and its successors and assignsIN TESTIMONY WHEREOF, said party of the first part has caused this instrumento be executed by its duly authorized officers on the day and year first abovewrittenCOUNTY OF JOHNSTONBY Norman C DenningATEST Eleanor N CreechCornamissioner John M Booker seconded the motion which was carriedunanimously36 Agricultural Building AdditionKramer Jackson, County Administrator, presented the final drawings for theaddition to the Agricultural BuildingCommissioner Howard Benton moved that the County Administrator be authorizedto advertise for bids for the addition to to Johnston County Agricultural BuildingextensionCommissioner J E Rogerson seconded the motion which was carriedunanimously37 Resolution - Highway Bond IssueUpon a motion by Commissioner Howard Benton, duly seconded by CoinmissionerJohn M Booker and carried unanimously, the following resolution was passed andadoptedWHEREAS, transportation services and facilities are vital to the social,environmental and economic well -tieing of all people and their institutions; andWHEREAS, highways are an essential element of the transportation networkwhich serves the needs of all -people; andWHEREAS, North Carolinas 75,000 miles of ;state- mainta,ined roadway havesome pressing needs for construction, improvements and relocation of roads, bridgesand other highway facilities; and7HEREAS, highway construction costs are increasing while anticipated gastax revenues, which support highway trust funds have leW eled offNOW THEREFORE BE IT RESOLVED, that the Johnston County Board of Commissionerjoins Governor James B Iant, Jr and the North Carolina Department of Transportationin endorsing the STATE 11IGHWAY BOND ACT ^F 197711, which provides for the issuance of300,000,000 in highway bonds to be used for the improvement of North Carolinashighway systemAND BE IT FURTHER RESOLVED, that the Johnston County Board of Commissionersrealizing that additional taxes arent the answer to our highway problems at thistime, do hereby urge the citizens of JOHNSTON COUNTY to vote for the issuance of the300,000,000 State of North Carolina Highway Bondsr364October 3, 1977 ContUpon a motion by Commissioner John M, Booker, duly -seconded by-Commissi oneJ E Rogerson andcarxied unanimouly the Board adjournedkNorman C Denning, ChairmansEleanor N Creech, Clerk