April 3, 1978 - 10:00 AM - County Board of Commissioners Meeting Minutes

10Fit widthMeeting of Board of Commissioners for County of JohnstonAril 3, 1978The Johnston County Board of Commissioners met in regular session in theCommissioners Room of the Johnston County Courthouse, Smithfield, North Carolina,Monday, April 3, 1978, at 10 oclock am, with the following members presentNorman C Denning, Chairman, Frank B Holding, Vice Chairman, HowardBenton, J E Rogerson and John M Booker, DVMMembers Absent NoneChairman Denning called the meeting to order and the following businesswas transacted1 Minutes - ApprovedThe Board of Commissioners reviewed the minutes of February 27, March 6and March 13, 1978Commissioner Howard Benton moved that the minutes of February 27, March 6and March 13th be approved as recordedCommissioner J E Rogerson seconded the motion which was carriedunanimously2 Fireworks - Four Oaks Civitan ClubCommissioner Frank B Holding moved that the Four Oaks Civitan Club begranted permission to have a fireworks display to celebrate the Fourth of July asrequestedCommissioner Howard Benton seconded the motion which was carried unanimousl3 REACT Club RequestLisbon Jones, President, Johnston County REACT Club, met with the Boardagain regarding his request for county assistance in equipping a camper trailer foremergency situations Mr Jones told the Board he was expecting some immediateresponse to his request before this date, however, he had not been contacted yetKramer Jackson, County Administrator, advised Mr Jones and the Board thathe had asked Wayne Strickland, Civil Preparedness Co- ordinator, to contact MrJones and togo with him to the State Surplus Property Agency to see if they couldpny,,equipmeht- that the tREACT, Club could use on the camperd, The Board of Commissioners apologized to Mr Jones for the delay andassured him that Wayne Strickland would contact him immediately regarding thismatter4 ReportsThe following reports were filed with the BoardDog Warden, Agriculture Extension Service, Tax Listing, Tax Collector,Expenditure- Finance, Planning Dept- Building Permits, Veterans Office, ElectricalInspector, and Annual Fire Reports5 Tix Refund - Lennie Pearl CreechMrs Lennie Pearl Creech, Route # 1, Zebulon, N C, met with the Boardrequesting a refund of taxes paid since 1942 in the amount of 26287 on 19 acresof land that she does not own Johnnie Stott, Tax Supervisor, told the Board thathis investigation shows that Mrs Creechs deed reads 1197 acres excepting 19 acresand for some reason Mrs Creech was assessed for the full 97 acres instead of 78acres Mr Stott explained according to G S 105- 3813 Mrs Creech is entitledto a refund for three yearsThe Board discussed this matter with Mrs Creech explaining how the errorcould have been made and that the county has a much improved system of transferringproperty on the tax books since 1963, and also, what the county is legally allowedto do by law Commissioner Howard Benton stated it was his feeling that Mrs Creec]should be refunded her money, but it is hard on the county budget to make theserefundsAfter discussion, Commissioner Frank B Holding moved that Mrs LenniePearl Creech, Route # 1, Zebulon, N C,, be refunded taxes paid since 1942 in theamount of 26287 on 19 acres of land that she does not own Commissioner Holdingfurther moved that this refund be made without precedent to the additional time inreference to G S 105 - 3813Commissioner Howard Benton seconded the motion which was carriedunanimouslyApril 3, 1978 Continued9 In the event that the Town of Clayton shall fail to obtain EPA funding forits obligations hereunder or shall, for any other reason whatsoever, nothave appropriated the necessary funds and entered into binding contractsfor the establishment of sewage collection and treatment facilities ofsufficient size and design to provide the Town of Clayton on or beforeDecember 31, 1981, with anadequate sewage system which, in addition tomeeting the present and anticipated needs of other users of the sewagesystem of the Town of Clayton, will provide for Data General at least140,000 gallons of sewage treatment and disposal per day, the County ofJohnston will promptly, at its own cost and expense, install or cause tobe installed sewage collection and treatment facilities which, togetherWith sewage collection and treatment facilities then available to DataGeneral from the Town of Clayton, will provide for Data General at least140,000 gallons of sewage collection and treatment facilities, will be letby the County of Johnston promptly upon the notice to the County of suchfailure by the Town of Clayton and said facilities shall be completedwithin eighteen 18 months after receipt of the aforesaid notice10 No special assessments or comparable charges will be levied upon DataGeneral in connection with the construction of the sewage collection andtreatment facilities referred to above, now or in the future, and at notime during the term of this Agreement will Data General be charged morefor sewage service than the lowest charge per gallon charged to any otheruser of the system11 The County of Johnston agrees that during the term of this Agreement, itwill not furnish or contract to furnish sewage collection and treatmentfacilities for services to any additional industrial or commercial customerif the furnishing of such facilities or services would, under the circum-stances then existing or which might reasonably be anticipated, jeopardizethe County of Johnstons ability to perform its obligations hereunder12 The term of this Agreement shall commence upon its execution by each andevery contracting party and shall terminate forty 40 years thereafter13 The parties agree that Data General may freely assign any and all rightsit may now or in the future have under this AgreementIN WITNESS WHEREOF, Data General Corporation has caused this Agreement tobe executed by its duly authorized representative, the County of Johnston has causethis Agreement to be executed by the Chairman of its Board of County Commissioners,attested by the Secretary of such Board, and its seal hereto affixed, all byauthority of a resolution adopted by its Board of County Commissioners on the 3rdday of April; 1978; and the Town of Clayton has caused this Agreement to beexecuted by its Mayor, attested by its Town Clerk, and its corporate seal heretoaffixed, all by authority of a resolution adopted by its Board of Commissioners onthe day of 1978DATA GENERAL CORPORATIONCORPORATE SEAL HEREByATTESTCOUNTY OF JOHNSTONBy Norman C DenningSEAL Chairman, Board of CountyCommissioneATTEST4? `-?Eleanor N CreechSecretary, Board of Commissioners TOWN OF CLAYTONByMayorCORPORATE SEALATTESTTown ClerkCommissioner J E Rogerson seconded the motion which was carriedunanimously440April 3, 1978 Continued11 26 Tax RefundsJohnnie Stott, Tax Supervisor, presented the following request for refundsfor the month of March, 1978, for the Boards consideration;1 Mr Aubrey Austin, Box 325, Four Oaks, N C, request refund of 207Mr Austin stated that he did not have a dog on January 1, 1977 How-ever, a dog was Zisted for 1977Recommendation None2 Ms Millie V Holmes, Box 171, Smithfield, N C, request refund onj valuation of 4040 Taxes in the amount of 3757 Applied for SeniorCitizens Exemption Should have been granted in 1977 Received theexemption in 1976 and was eligibleRecommendation That refund be grantedAfter discussion, Commissioner Howard Benton moved that refund requests# 1 and # 2 be grantedCommissioner Frank B Holding seconded the motion which was carriedunanimously27 Tax Afterlist # 8- ReportJohnnie Stott, Tax Supervisor, reported during the month of March an after -list in the amount of 75,021 valuation which amounts to 1,06259 which covers taxnotices # 34,219 through # 34,234 total to date; value 14,289,251 total tax 157,3076928 Tax Complaint - Tax CollectorNorman C Denning, Chairman, and Frank B Holding, Vice- Chairman, talkedwith Harper Godwin, Tax Collector, about a complaint regarding advertisement coston tax payments Commissioner Holding stressed that the Tax Collector should usemore discretion in dealing with tax payers, as the public relations is veryimportant and a big responsibility in collecting county taxesAfter much discussion, Commissioner Frank B Holding moved that everybodythat pays taxes on Friday before the advertisement deadline date and anyindication that payment- was mailed prior to the next working day be refunded forany advertisement cost or any cost other than interest on taxesCommissioner Howard Benton seconded the motion which was carriedunanimouslyUpon a motion by Commissioner John M Booker, seconded by CommissionerJ E Rogerson and carried unanimously, the Board adjournedNorman C Denning, Chairmanl N Creec , Clerki? 1f