December 4, 1978 - 10:00 AM - County Board of Commissioners Meeting Minutes

Meeting of Board of Commissioners for the County of JohnstonDecember 4, 1978The Johnston County Board of Commissioners met in regular session in theCommissioners Room of the Johnston County Courthouse, Smithfield, North Carolina,Monday, December 4, 1978, at 10 oclock am, with the following members presentNorman C Denning, Chairman, Frank B Holding, Vice Chairman, Howard Benton,J E Rogerson and John M Booker, DVMMembers Absent NoneThe Chairman called the meeting to order and the following business wastransacted1 Minutes ApprovedThe Board of Commissioners reviewed the minutes of the November 6, 1978,board meetingCommissioner John M Booker moved that the minutes of the November 6thboard meeting be approved as recordedCommissioner J E Rogerson seconded the motion which was carriedunanimouslyThe Chairman called for any old business to come before the Board ofCommissionersCommissioner Howard Benton, as Acting Director, Johnston County Departmentof Social Services, talked with the board regarding problems with help and CETApositions Commissioner Benton told the board this department needed clerical helpand there are no funds available or positions open for additional personnel MrJackson told the board that he might be able to help with this problem The boardadvised Commissioner Benton they would take this under considerationChairman Denning presented Howard Benton, retiring commissioner, with aplaque of appreciation for his outstanding and dedicated services to the people ofJohnston County from December 1972 to December 1978 Mr Benton commented thatserving on this board has been an experience for me, I have gained more from thisservice than any other board Ive ever been on Mr Benton further commentedthat he had learned more in the last two months about Social Services sinceserving as Acting Director of this department than he had in all six years on theboard, and further he would like to see every member of the Board of Commissionersserve as a representative, as they would have a better understanding of -the socialservices rendered in the county and it would be well for every board member to beaware of these servicesmuchMr Benton thanked the board for the plague, stating he appreciated it veryCommissioner John M Booker moved that this meeting be adjournedCommissioner Frank B Holding seconded the motion which was carriedunanimouslyAt this time, Will R Crocker, Clerk of Superior Court, administered theOath of Office to the following elected officials in the Commissioners Room ofthe Johnston County CourthouseNorman C Denning, Frank B Holding James W Cash - County Commissioners;W Royster Martin - Board of Education;Jimmy D 11cLaurin - Coroner;Dennis Ray Blackman - Surveyor; andD Ermit Stancil - Soil and Water Conservation BoardThese officials pledged their support to their elected office and to thepeople of Johnston CountyNorman C Denning, ChairmanEleanor N Creech, Clerk522December 4, 1978The Johnston County Board of Commissioners reconvened in regular sessionDecember 4, 1978, at 1040 am, in the Commissioners Room of the Johnston CountyCourthouse, Smithfield, North Carolina, with the following members presentNorman C Denning, Frank B Holding -, J E Rogerson, John M Booker, DVM,and James W CashMembers Absent NoneNorman C Denning called the meeting to order Mr Denning asked the Clerkto preside in the election of a Chairman and Vice ChairmanThe clerk called for nominations for Chairman of the Johnston County Boardof Commissioners to serve a one year termCommissioner John M Booker moved that Norman C Denning be nominated forChairmanCommissioner J E Rogerson seconded the motionThe clerk called for other nominations for ChairmanCommissioner James W Cash moved that the nominations be closedCommissioner Frank B Holding seconded the motion which was carriedunanimouslyNorman C Denning was elected Chairman of the Johnston County Board ofCommissioners by unanimous voteThe clerk called for nominations for Vice - Chairman of the Johnston CountyBoard of Commissioners to serve a one year termCommissioner J E Rogerson moved that Frank B Holding be nominated forVice - ChairmanCommissioner John M Booker seconded the motionThe clerk called for other nominations for Vice - ChairmanCommissioner James W Cash moved that the nominations be closedCommissioner John M Booker seconded the motion which was carriedunanimouslyFrank B Holding was elected Vice - Chairman of the Johnston County Boardof Commissioners by unanimous voteThe clerk, at this time, turned the meeting over to the ChairmanThe Chairman called the meeting to order1 Appointments by Board - County OfficialsCommissioner John M Booker moved that the following appointments be madeCounty Attorney W R BrittClerk to the Board Eleanor N CreechDog Warden Rubert C BarbourTax Collector Harper GodwinElectrical Inspector Bobby CorbettFire Marshall M J OliverCommissioner Frank B Holding seconded the motion which was carriedunanimously2 Sub- Division Variance Request - Buddy McLarribKen Windley, County Planner, met with theDeveloper Mr Windley explained that Mr McLambbe approved on a tract of land he is subdividingbuilding of a road at this time as he feels it islaw does not require that a road be built in ordeplatboard along with Buddy McLamb,has requested a road varianceMr McLamb has contested thenot necessary and says the Stater to subdivide or to record aThe Planning Board and the County Planner did not approve, nor do theyrecommend to the Board of Commissioners, the approval of Mr McLambs request fora road variancebecember;41h -ConnMr Windley explained that it is the responsibility and objectives of thePlanning Department to protect the buyer and to be sure that lots are not sold thatdoes not meet the Sub - Division Regulations The board agreed if they approve thisrequest this will be defeating the purpose of the Sub - division Regulations and torecord a plat with a variance of this nature would be putting the county right backwhere it was before the Sub - Division Regulations were adoptedThe Board of Commissioners took no action on Mr, McLambts request at thistime3 Mental Health Board - AppointmentsCommissioner Frank B Holding moved that Dr Donnie Jones and Carolyn Ennisbe reappointed to the Area Mental Health Board for a term of four years These termsexpiring October 1, 1982 Commissioner Holding further moved that Thelma Heartleybe,appointed to the Area Mental Health Board replacing Yvonne Mitchell of Clayton,and that Jean Massengill be appointed to the Area Mental Health Board replacingDorothy Williams These also are four year terms expiring October 1, 1982Commissioner J E Rogerson seconded the motion which was carriedunanimously4 Health Board - AppointmentsCommissioner J E Rogerson moved that William Clayton, Charles Beddingfieldand Helen Smith be reappointed to the Health Board for a term of three years Theseterms expiring December 31, 1981Commissioner John M Booker seconded the motion which was carriedunanimously5 CETA Program Report Kramer Jackson, County Administrator, reporting on the CETA Program toldthe board Johnston County will be getting 567o less money in the next allocationThe county will receive only enough money to continue for approximately eight monthsif the same number of employees are maintained The boards concern was; could itlast for twelve months The commissioners were also concerned about terminationof some key positions in county offices and agencies The board reviewed a list ofall CETA employees and where they are employed Mr Jackson commented that throughattrition the money could very likely last for the next twelve months6 Board of Education ReauestsThe Board of Education asked the Board of Commissioners to acquiesce in thepurchase of a lot 150 by 300 feet adjacent to the Selma Elementary School siteThe Board of Education also requested approval of a transfer in the amount of13,500 from Current Expense Contingency to Capital Outlay The Commissioners werealso advised by the Board of Education of their concern regarding the cash flow offunds beginning July 1, 1979The Chairman was further requested by the Board of Education to appoint acommissioner to serve on the Long Range Study Committee for School FacilitiesAfter discussion, Commissioner Frank B Holding moved that the Board ofCommissioners concur with the Board of Education in the purchase of a lot 150 by300 feet adjacent to the Selma Elementary School site and the transfer of 13,500from Current Expense Contingency to Capital OutlayCommissioner J E Rogerson seconded the motion which was carriedunanimously7 ReportsThe following reports were filed with the BoardFinancial Report Building PermitsVeterans OfficeAgricultural ExtensionDog WardenElectrical InspectorTax CollectorCETA Kramer JacksonKen WindleyMarie CreechBruce WoodardRubert C BarbourBobby CorbettHarper GodwinKramer Jackson524December 4th Cont Mr Jackson emphasized that the county is operating on a tight budgetCommissioner Frank B Holding, at this time, discussed the water and sewerprojects going on in the county for the benefit of Commissioner James W Cash,newcomer to the Board of Commissioners8 Johnston County Choral SocietyMamie Lou Johnson, President, Johnston County Choral Society, met with theboard requesting support for the Commissioners in locating a practice facility forthe Choral Society Ms Johnson told the board that the second floor of the PubliLibrary was ideal, however, the Library Board says there is a library rule thatprohibits any one group using the library on a regular scheduled basis MsJohnson asked if this rule could be changedMr Windham, Director, and Ed Dinnsen, member, added that this is a verytalented group and they hope the board can help them Mr H J Beeker, as firstpresident of this group, says its a pleasure to see reputation this group hasearned, they need facility to practiceThe board agreed to take this matter under consideration and further totalk with the Library Board of Trustees9 Wastewater Facilities - Pine Level and Four OaksKramer Jackson, County Administrator, in a report from the engineers, toldthe board that Pine Level and Four Oaks have completed the design stage of theirwastewater facilities project and have all contract documents approved by allagencies These towns very shortly will be ready to advertise for bids, and asthe county portion of this project which involves interceptors and pumpingfacilities to link the two towns with the treatment plant in Smithfield has alsobeen approved by all agencies, Mr Broome states that it is imperative that thethree projects Pine Level, Four Oaks and county be bid at approximately thesame timeCommissioner Frank B Holding moved that Ragsdale Engineers be authorizedto advertise for bids for the countys portion of the Pine Level - Four OaksWastewater Facilities Project as soon as the towns are readyCommissioner James W Cash seconded the motion which was carriedunanimously10 Sheriffs Department - New Deputies IntroducedGeorge Johnson, Sheriff, introduced the following new deputies to theboard; William Earl Haley, Smithfield; Jasper Mitchiner, Selma; Howard Holt,Wilders; Ricky Stewart, Ingrams; Ralph Tart, Meadow; and Frank Oliver, Smithfield11 Law Enforcement Assistance ContractUpon a motion by Commissioner Frank B Holding, duly seconded by John MBooker, the following Law Enforcement Assistance Contract was adoptedThis contract, made and entered into this 4th day of December, 1978, byand between Johnston County Sheriffs Department hereinafter referred to as theRequesting Agency, and adjoining Counties Sheriff hereinafter referred toas the Assisting Agency, Departments and Police Departments located in JohnstonCountyWITNESSETHThis contract is entered into between the Requesting Agency and theAssisting Agency, pursuant to the provisions of GS 160 -288, which allows mutualassistance and cooperation between -law enforcement agenciesBoth parties acknowledge mutual benefit in the form of enhanced law enforcement capabilities and efficiency within the jurisdictions of both agencies whichinuresto the benefit of bothThe terms and conditions of this contract are as follows First The Assisting Agency covenants and agrees to temporarily provideassistance to the Requesting Agency in enforcing the laws of the State of NorthCarolina This assistance shall includeA Allowing law enforcement officers of the Assisting Agency towork temporarily with law enforcement officers of the RequestingAgency;B Temporary lending of equipment;C Temporary lending of suppliesSecond This contract shall remain in effect for a period of four yearscommencing on December 4 1978 and ending Decemberlst Monday , 19 8211 rlf MMMDecember 4th ContThird While on duty with the Requesting ,Agency, a law enforcement officerprovided by the Assisting Agency hereinafter referred to as a Loaned Officer shallhave the same jurisdiction, powers, rights, privileges, and immunities as theofficers of the Requesting Agency in addition to those which he normally possessesFourth While on duty with the Requesting Agency, a Loaned Officer shallbe subject to the lawful operational commands of his superior law enforcementofficers in the Requesting Agency The Loaned Officers superior officers in theRequesting Agency shall be solely responsible for the direction and guidance of theLoaned Officer However, for personnel and administrative purposes including forpurposes of pay, the Loaned Officer shall remain under the control of the AssistingAgency and shall be entitled to Workmens Compensation and the same benefits whichordinarily inure to him as a member of the Assisting Agency to the same extent asthough he were functioning within the normal scope of his duties with the AssistingAgencyFifth This contract in no way reduces the jurisdiction or authority ofState law enforcement officersIn testimony whereof, the parties hereto have executed this contract induplicate originals, one of which is retained by each of the parties, the day andyear first above - writtenWitnesses12 Fire Departments - Mutual AidUpon a motion byCommissionerJames W Cash, the following Mutual Ailments was, adoptedMUTUAL AID AGREEMENTBetween County of Johnston andNORTH CAROLINAJOHNSTON COUNTYRequesting Agency, TitleAssisting Agency, TitleAgreementJ E Rogerson, duly seconded by Commissionei Agreement for Johnston County Fire Depart -FOR FIRE DEPARTMENTSCounty Volunteer Fire DepartmentsTHIS AGREEMENT, made and entered into this the 4th day of December, 1978,by and between the County of Johnston, North Carolina and County Volunteer FireDepartments, existing under the laws of the State of North Carolina, hereinafterreferred to as the fire departments WITNESSETHTHAT, WHEREAS the General Assembly of North Carolina didenact into lawan act to authorize mutual aid assistance between fire departments whereby fullauthority may be exercised for fire departments to send firemen and apparatusbeyond the territorial limits which they normally serve, said act having beencodified as Chapter 69, Section 40, of the General Statutes of North Carolina;WHEREAS, the purpose of this agreement is to provide each of the partieshereto, through their mutual cooperation, a predetermined plan by which each ofthem might render aid to the other in the case of conflagration, holocaust, civildisorder or natural disaster, any of which demand fire services to a degree beyondthe existing capabilities of either party;WHEREAS, it is deemed to be in the public interest for the parties heretoto enter into an agreement for mutual assistance in fire protection and in orderto increase fire defense and to assure proper fire control, as well as providingreserves needed to assure the community of adequate protection;526December 4th ContWHEREAS, by action of the Board of Commissioners of the County of Johnstonon December 4, 1978; and also by appropriate action on behalf of fire departments,this agreement for reciprocal mutual aid assistance was duly authorized;NOW, THEREFORE, in consideration of the mutual convenants contained hereinby and between the parties hereto, it is hereby agreed as follows1 Should it become necessary to activate the terms of this agreementas herein set forth due to conflagration, holocaust, civil disorderor natural disaster, the Chief of the Fire Department of the County ofJohnston and the Chief of the Fire Departments shall have the implicitauthority, upon notification by one of the parties to the other thatan emergency does in fact exist and that aid is needed, to orderavailable apparatus, equipment and manpower into action to assist therequesting party as may be required,2 It shall be the responsibility of the chief of the fire department ofthe responding party that all personnel responding to the request forassistance are responsible persons and that the conduct and actionsof said personnel shall be the responsibility of the party sendingassistance,3 Each party to this agreement shall assume all liability andresponsibility for the death of or injury to any personnel of theirown command responding to the request for mutual aid,4 The party responding under the terms of this agreement shall assumeno responsibility or liability for property destroyed at the actualscene of any civil disorder, holocaust, conflagration or naturaldisaster due to fire fighting and rescue operations, fire controltactics and strategy or other operations as may be required or ordered;said liability and responsibility shall rest solely with the partyrequesting such aid and within whose boundaries the property shallexist, or the incident occur5 The party responding to the request for mutual aid under the terms ofthis agreement shall assume all liability and responsibility for damageto its own apparatus and or equipment The party responding shall alsoassume all liability and responsibility for any damage caused by itsown apparatus while en route to or returning from a specific location6 The party who requests mutual aid shall in no way be deemed liable orresponsible for the personal property of the members of the firedepartment of the responding party which may be lost, stolen or damagedwhile performing their duties under the response terms herein7 Each party to this agreement shall assume all costs of salaries, wages,bonuses or other compensation for its own personnel that responds forduty under the terms of this agreement and shall also assume all costsinvolving the use of apparatus, equipment, tools used specifically inresponse to the request for aid and shall make no charge for such useto the party requesting assistance; however, any special extinguishingagents used by the responding party from its own supply shall be paidfor by the party requesting the aid upon receipt of an itemizedstatement of costs for such extinguishing agents8 Upon receipt of a request for assistance by the chief of the firedepartment from the requesting party, and upon a determination by thechief of the fire department of theresponding party that the requestmay be honored without impairing the capacity to provide fire pro-tection within its own jurisdiction, the chief of the fire departmentmay take steps as necessary to furnish apparatus, manpower andassistance to the requesting party as he deems appropriate Suchresponse shall remain solely the decision of the chief of the firedepartment of the responding party9 The chief of the fire department in whose community the emergencyexists, and who places the request for assistance, shall in allinstances be in command of the emergency as to the aspects of strategy,fire control tactics and overall direction of the operations Allorders or directions regarding the operations of the responding partyshall be relayed to the chief firefighting officer in command of theresponding partysli527December 4th Cont10 Neither party to this agreement shall be bound to dispatch apparatus,equipment or personnel to the assistance of the other but every effortshould be made to furnish such assistance if, in the judgment of thechief of the fire department of either party, such dispatch wouldnot impose upon his own respective community a serious impairmentto the fire defenses and fire protection11 Either party may, at any time, terminate this agreement, through itsrespective fire chief, upon the serving of a thirty -day writtennotice to the fire chief of the other party12 When fire department personnel are sent to another community pursuanttothis agreement, the jurisdiction, authority, rights, privilegesand immunities, including coverage under Workmens Compensation laws,which they have in the sending fire department shall be extended toand include the area in which like benefits and authorities are orcould be afforded to fire department personnel of the requesting firedepartment and shall also be extended to the area located betweentheir respective communities when said personnel are acting within thescope of the authority conferred by this agreementIN WITNESS WHEREOF, County of Johnston has caused this instrument to besigned in its name by its Chairman, attested by its Clerk and its seal affixed,and Johnston County Fire Departments have likewise caused this instrument to besigned in its name, attested by its secretary and its seal affixed, all on theday and year first above written, and this agreement is executed in duplicateATTESTEleanor N CreechATTESTCOUNTY OF JOHNSTONBY Norman C DenninFire DepartmentIMChief13, Howard F Edgerton n Sept?,c Tank for TrailerMr Howard F Edgerton, Route # 2, Box 207 B, Princeton n, met with the boardregarding a septic tank matter The board referred Mr Edgerton to the HealthDepartment and Health Board if necessary14 Johnston County Council on Status of Women — AppointmentsCommissioner J E Rogerson moved that Mrs Claudette G Lane be appointedto the Johnston County Council on Status of Women to fill the unexpired term ofDonna Creech; and Mrs Edna Palmer, Mrs Maxine Holly and Miss Thelma Heartley tothe Johnston County Council on Status of Women for terms expiring July, 1980These appointments are to complete the fifteen member councilCommissioner James W Cash seconded the motion which was carriedunanimously15 Water Facilitv - Smithfield -KenlCommissioner Frank B Holding moved that a change order on the SmithfieldKenly Waterline contract in the amount of 22,051 to install a chlorine facilityat the Bagley Road Meter Vault to automatically feed chlorine to the water thatenters the Squibb Plant and a transfer of fund from Kenly Waterline Reserve toKenly Waterline Expenditure in the amount of 114,981 be approved as followsAdd - receipt from State Department of Transportation 35,479Increase Fund Balance Line Item 79,508Increase Line Item 12- 740 -137 114,987Commissioner John M Booker seconded the motion which was carriedunanimously16 Waterline - Smithfield - Clavton - CP L EasementCommissioner Frank B Holding moved that Carolina Power and Light Company,be granted the right, privilege and easement to go in and upon that certain tractor lot of land situated in Smithfield Township in Johnston County, containing0341 acres, more or less, being the land described in a deed from Hubert Gowerand wife, Jewel P Gower, to the County of Johnston- c, I528December 4th ContCommissioner John M Booker seconded the motion which was carriedunanimously17 Legal Services IncorporatedLeonard Greene, Managing Attorney, Wake, Johnston, Harnett Legal Services,Incorporated, met with the board to inform them of the services rendered by thisagency Mr Greene told the board this agency is funded by Legal ServicesCorporation and the purpose is to serve and provide legal services, only in Civilcases, to low income families18 Budget Amendment - Solid Waste StudyCommissioner J E Rogerson moved that the following budget amendment beapprovedSolid Waste Study - add - State Grant RevenuesTransfer from Contingency Fund 6,0001,000;Commissioner John M,Booker seconded the motion which was carriedunanimously19 Tax Af terl ,st ReportJohnnie Stott, Tax Supervisor, reported during the month of November, - 1978an afterlist in the amount of 4,389,289 which amounts to 49,07031 in taxrevenues20 Tax - Refunds and ReleasesJohnnie Stott, Tax Supervisor, told the board that Henry T and Jean TCapps has requested that the county refund 14464 to Cameron Brown becauseCameron Brown has no interest in the property involved and this has caused theirpayment to increase when it should not They also request that the county rebillthem for the same taxes Mr Stott recommended that this action be takenCommissioner John M Booker moved that the above tax request be grantedCommissioner J E Rogerson seconded the motion which was carriedunanimously21 Tax - Release - Branch Banking and Trust CompanJohnnie Stott, Tax Supervisor, asked for the boards recommendation ona request from H Calvin Hodgin of Branch Banking and Trust Company seekingrelief from a late listing penalty of 4832 Mr Stott reported that the taxforms were signed and received in his office through the mail on February 21,1978The board agreed with the Tax Supervisor, this was not a valid request22 Tax Listing Assistants for 1979Johnnie Stott, Tax Supervisor, submitted the following tax listingassistants and recommendations for the boards consideration for the 1979 listingperiod;BannerJ C MedlinBentonvilleBeulahMrs George PopeBoon HillButler HoltClaytonMrs Leon StevensClevelandMrs Charlie BarefootElevationMrs Pauline MatthewsIngramsMrs Velma StewartMeadowMrs Perry ThorntonMicroClaude AycockONealsJ D DavisPine LevelClaude AycockPleasant GroveN A HardeeSelmaTalmage CorbettSmithfieldTax Supervisors OfficeWildersHerman Barrow, JrWilsons MillsDwight YoungbloodRoute 1, BensonRoute 1, KenlyRoute 1, PrincetonRoute 2, ClaytonRoute 1, GarnerRoute 1, SmithfieldRoute 1, Four OaksRoute 1, Newton GroveBox 142, MicroRoute 1, MiddlesexBox 142, MicroRoute 1, Benson509 Waddell St, SelmaSmithfieldRoute 2, ClaytonRoute 3, SmithfieldRecommendation-s--,l---That each township with the exception of Smithfieldassist two days per week 2 That the fee be set at 280 plus necessarymileage for each TownshipDecember 4th font Commissioner J E Rogerson moved that the above Tax Listing Assistantsand the recommendations for 1979 be approved as presentedCommissioner John M Booker seconded the motion which was carriedunanimouslyAt this time, the Tax Supervisor also talked with the board about a taxcomputer and an automatic listing method for real property The board askedJohnnie Stott and Mr Jackson to look into this matter and report back to theboard23 Quit Claim Deed - Beatric WatsonAttorney Joe Nall asked the board to grant a Quit Claim Deed to BeatriceWatson Johnnie Stott, Tax Supervisor, in his investigation of this property andafter conferring with W R Britt, County Attorney, discovered adverse possessiondue to use of this property either by Beatric Watson or her ancestors since 1943,and that adverse possession rights must be established for a period of 20 yearsMr Stott feels that in order to recommend that the board issue a Quit Claim Deedfor this property the following minimal actions should be taken by Ms Watson;1 The property taxes owed on the property that is currently in her namebe paid There is a outstanding tax bill for 1975 tax plus 1978 taxeswhich amounts to 21312 Ms Watson get signed affidavit from disinterested persons who havedefinite knowledge of the afore mentioned adverse possesion3 Ms Beatric Watson reimburse the county for taxes that would have beendue on this property for the preceding 10 years which amounts to 264Commissioner Frank B Holding moved that if the above recommendations arecomplied with as recommended by the Tax Supervisor and County Attorney that theChairman be authorized to execute a Quit Claim Deed to Ms Beatrice WatsonCommissioner James W Cash seconded the motion which was carriedunanimously24 Kenly Manufacturing Company - Tax InventoryJoe Nall, Attorney, representing Kenly Manufacturing Company, Kenly, N C,and Johnnie Stott, Tax Supervisor, met with the board regarding the tax inventorylisting for 1976, 1977 and 1978 Johnnie Stott had reported a discrepency in theinventory listed with the county and with the North Carolina Department of RevenueAfter negotiations with Kenly Manufacturing Company officials and attorneys and dueto a misunderstanding of the North Carolina Law concerning inventories which werenot physical in North Carolina, Mr Stott has assessed Kenly Manufacturing Companywith a difference of 2,95600, plus penalties of 71200 for the years of 1976,1977 and 1978 Mr Nall requested relief of the penalties assessed of 71200The board discussed this matter at length and referred it back to the TaxSupervisor, stating if Mr Stott determines there is any additional inventory intransit or any other discrepencies he may negotiate further, however, it is leftin his discretion25 Quit Claim Deed - Ruthie Wellons VaughanBob Spence, Jr, Attorney, met with the board requesting a Quit Claim Deedto Ruthie Wellons Vaughan, being all of Lot No 40,in New BelmontThe board discussed this matter with Mr Spence and advised they would needa recommendation and opinion form the County Attorney Commissioner Frank B Holding moved that subject to the approval of theCounty Attorney, the Chairman be authorized to execute the Quit Claim Deed from theCounty of Johnston Board of Commissioners to Ruthie Wellons VaughanCommissioner J E Rogerson seconded the motion which was carriedunanimously26 Wastewater - Pine Level 201 Facility - Leon Oliver Polly Oliver etaIsUpon a motion by Commissioner John M Booker, duly seconded by CommissionerJ E Rogerson and carried unanimously, the following contract was approved and theChairman authorized to execute sameNORTH CAROLINAJOHNSTON COUNTYTHIS CONTRACT, made this the 4th day of December, 1978, by and betweenJOHNSTON COUNTY BOARD OF COMMISSIONERS, Parties of the First Part, by and throughits Chairman, NORMAN C DENNING, pursuant to Resolution adopted by the saidJOHNSTON COUNTY BOARD OF COMMISSIONERS, at its regular meeting on this date, andpursuant to North Carolina General Statutes, to POLLY P OLIVER, widow of DANIELTHOMAS OLIVER, LEON T OLIVER, and CAROLYN WOODARD OLIVER, and DANNY RAY OLIVER,Parties of the Second Part;530December 4th ContWITNESSETHTHAT, WHEREAS, the Party of the First Part has agreed to purchase from thesaid Parties of the Second Part, a tract of land described in Exhibit All attachedhereto and incorporated herein by reference and that the Parties of the Second Parthave agreed to sell said land to the Party of the First Part out of their sincereinterest in the betterment of the people of the Town of Pine Level and the Countyof Johnston rather than out of any desire to sell said land; andTHAT, WHEREAS, the parties of the Second Part and their family have ownedsaid lands for about 100 years and that they have agreed to sell said land onlybecause the Party of the First Part has needed said land in order to construct apumping station to serve sewage facilities to be constructed in the Town of PineLevel during the next three yearsTHAT, WHEREAS, in consideration of the sum of Ten and no 100 1000DOLLARS, the receipt of which is hereby acknowledged, as well as in considerationof the sale of the tract of land described in Exhibit A attached hereto, said Party of the First Part does hereby give and grant to said Parties of the SecondPart, a contractual right which both of the said parties of this Agreementspecifically stipulate to be enforceable by specific performance so that should theParty of the First Part not construct within three 3 years of the date of thisAgreement on the property described in Exhibit A , attached hereto, a pumpingstation to serve the sewage facilities for the Town of Pine Level, then in thatevent and that event alone, the Parties of the Second Part may tender withinninety 90 days after said three -year period has elapsed, the sum of TWO THOUSANDand 00 100 2,000 DOLLARS, by registered mailto the County Administrator ofJohnston County or his successor in office, in return for which said Party of theFirst Part shall immediately reconvey unto the Parties of the Second Part whateverinterest each of said individual parties of the Second Part has in the landsdescribed in Exhibit A If the Party of the First Part decides to sell, give,or in any way transfer title within three 3 years from the date of this contractto that property described in Exhibit A , attached hereto, the Parties of theSecond Part shall have a first option to purchase said property for TWO THOUSANDand 00 100 2,000 DOLLARS If the said Party desires to sell, give, or transfersaid land within said three 3 years, said Party of the First Part shall givewritten notice of said decision to the Parties of the Second Part by RegisteredMail, at the following addressZIPThen within Ninety 90 days from the date of the postmarking of the last of saidRegistered Mail letters, the Parties of the Second Part shall have the right topurchase said land from the Party of the First Part for and in consideration of thesum of TWO THOUSAND and 00 100 2,000 DOLLARS; and by said purchase, the Partiesof the Second Part shall receive the same interest in said land that they heldimmediately prior to the sale of said land on said dateIn the event one of the said Parties of the Second Part dies prior to thetermination of this contract, his or her heirs shall inherit his or her rightsherein This contract is not assignable, and all rights hereunder will terminateONE THOUSAND ONE HUNDRED AND EIGHTY -FIVE DAYS 1,185 days fromthe date of theconveyance to the County of the property described in Exhibit A IN TESTIMONY WHEREOF, the said Johnston County Board of Commissioners, byand through its Chairman, NORMAN C DENNING, has hereunto set its hand and sealthe day and year first above writtenATTESTI? Eleanor N CreechEleanor N Creech, SecretaryJOHNSTON COUNTY BOARD,OF COMMISSIONERSNorman C Denning SEALNORMAN C DENNING, CHAIRMANAffix County SealIC?IDecember 4th-ContEXHIBIT A`531BEGINNING at the southwest property corner of J W Jones, a RR spkin the center of N C S R #2309, and runs thence along the propertyline of J W Jones N 85 degrees 37 55 E 36679 feet to a cone monument;thence continuing along the line of J W Jones S 37 degrees 09 10 W20314 feet to an iron stake, a new corner with D T Oliver Heirsproperty; thence running a new line with D T Oliver Heirs N 52 degrees50 50 W 16480 feet to an iron stake; thence running also another newline With D T Oliver Heirs S 86 degrees 01 50 W 13602 feet to apoint in the center of NCSR #2309, a new corner with D T Oliver Heirsproperty; thence running along the center of NCSR # 2309 N 28 degrees- -42 E 500 feet to the point of BEGINNING, and containing 063 acres,more or less, as shown on a plat prepared by Ragsdale Engineers, P S,dated 9- 15 -78, and entitled Land and Right of Way, County of JohnstonWastewater Facilities - Pine Level Pump Station , and recorded in PlatBook , Page Johnston County Register of Deeds Office27 Landfill EmployeesCommissioner J E Rogerson moved that the part time truck drivers and thewelder be retained on a probationary employment basis for 60 to 90 days to seehow they work outCommissioner John M Booker seconded the motion which was carriedunanimouslyAt this time, the board also discussed the dumping of wastewater at thelandfill28 Appointments - Johnston County Nursing Home Community Advisory CommitteeCommissioner Frank B Holding nominated Lacy Ruth Coates to the JohnstonCounty Nursing Home Community Advisory CommitteeCommissioner J E Rogerson nominated Worley EarpCommissioner John M Booker moved that the nominations be closed and thatLacy Ruth Coates and Worley Earp, along with Mr Youngs recommendations of JeanAdams and Mildred Strickland, be appointed to the Johnston County Nursing HomeCommunity Advisory Committee for a term of one year effective February 29, 1979Commissioner J E Rogerson seconded the motion which was carriedunanimouslyThe Board of Commissioners agreed to allow James W Cash to make the fifthappointment to this committee29 Appointments of Commissioners to Agencies by ChairmanChairman Denning made the following appointments of commissioners tovarious boards and to work with county departments;Frank B Holding - County Industrial Coordinator, Landfill;J E Rogerson - - Council on Aging, Capital Health Services, HospitalBoard, Rescue Squads;James W Cash - Social Services Board;the Chairman asked Commissioner Cash to serve on theTriangle J Council of Governments BoardCommissionerCash told the Chairman he would decide and let himknowJohn M Booker - Long Range Study Committee for School Facilities;Mental Health BoardNorman C Denning- Fire CommissionerUpon a motion by Commissioner John M Booker, duly seconded by CommissionerJ E Rogerson and carried unanimously, the board adjournedNorman C Denning, ChairmanEleanor N Creech, Clerk