February 27, 1978 - 7:00 PM - County Board of Commissioners Meeting Minutes (Regular)

Meeting of Board of Commissioners for the County of JohnstonFebruary 27, 1978The Johnston County Board of Commissioners met in regular session in theCommissioners Room of the Johnston County Courthouse, Smithfield, North Carolina,Monday, February 27, 1978, at 7 oclock pm, 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 Public Hearing- Secondary Road Program 1978 -1979Wade Pridgen, Assistant Division Engineer, and Paul Anderson, DistrictEngineer, North Carolina Department of Transportation, Division of Highways, metwith the Baqard of Commissioners and presented and explained the Secondary RoadProgram for` Johnston County??or 1978 -79 11r Anderson explained that the CountyC© s ruc ion Alloc- ,,troi wac ?Boftd Allocation totalled 1,042,340, with 34 358,562i, withheld for miscellaneous items-such as paving of rural fire and rescue squaddriveways, overdrafts, county wide right -of -ways and surveys Mr Anderson explainethe withheld funds would remain attached to the county funds and if not used for theabove purpose would be reallocated for road construction Mr Anderson alsoexplained the Department of Transportation goes straight down the priority list ifright -of -ways are secure This year the program will be completing work order onsecondary road # 1150, and paving secondary roads 1989, #1, 1334 #2, 2324 #3,1576 #4, 2147 #6; replacing bridges on SR1113 and 1548; and 1197 #5 will bestabilized for paving Air Anderson explained that Secondary Road # 2147, priority# 6 150 miles was scheduled to be paved in the program instead of Secondary Road# 1197 #5 220 miles because of the length of this road and the balance of fundswould not complete Secondary Road # 1197 #5, but would get the road ready forpaving and would be completed in the next Secondary Road Program,The Public Hearing on the 1978 -1979 Secondary Road Program for JohnstonCounty was attended by approximately one hundred 100 Johnston County citizensconcerned about priorities, maintenance and how road priorities are determined forpavingMr Anderson explained that ratings are based on the number of businesses,houses, churchs, industries, school bus routes and mainly on an average days 24hour traffic count Many questions arose regarding the accuracy of the trafficcount and the rating systemCommissioner Howard Benton stated that most people he talked with did notunderstand the priority rating system It seems they are especially concerned anddo not understand why a secondary road drops drastically in priority rating from oneprogram to the nextMr Anderson again explained this is all based on the priority ratingsystem, which is determined by the number of points received from the revaluationof each roadCommissioner J E Rogerson asked Mr Anderson to explain to the peoplewhat authority the Board of Commissioners has in regards to the State SecondaryRoad Program and its priority ratings Mr Anderson advised; money is allocatedby the State Legislature and programmed by the North Carolina Department ofTransportation This program is presented to the Board of County Commissioners forapproval or rejection In the event the County Commissioners reject a program, itwould go back before the Secondary Road Council, Department of Transportation, fora decision A Board of County Commissioners only has to approve or reject a prograpresented to them by the stateMr Craig Denny, a Johnston County resident living on S R, #, 1526,questioned whether the State should spend money to pave roads that are passable orrecondition and maintain roads that are not passable Mr Denny recommended theBoard of County Commissioners reject this program and get roads in the county ingood shapeCommissioner John M Booker asked Mr Anderson how long the priority systemhad been used and if we will continue to use this system Mr Anderson answered;the priority system had been used for 15 or 20 years and under normal circumstancesthey will continue to use this systemMr Earl Creech of Benson said he did not understand this system, as theremust be some fallacy somewhere when priorities drop so drastically in two years416February 27, 1978 ContWade Pridgen stated the Highway Commission is working on some revisionsand recommended if anyone had any suggestions or solutions to get in touch withtheir Highway Commissioner Mr Anderson concurred in Mr Pridgens suggestionSenator Ed Renfrow, serving on the State Transportation Committee, statedafter attending this meeting and listening to the people, he thinks there must bea better system, especially in getting a traffic count Senator Renfrow alsostated, however, the State has to maintain what roads it already hasOne of the main questions seemed to be what determines roads that arepaved vs maintenance of roadsCommissioner Frank B Holding emphasized that the State Legislature hasless money to allocate for the paving of roads as gasoline sales fail to increase,and the same amount of money is buying less, however, added for the next five yearthis money will be supplemented by State Bond fundsThe Board of Commissioners asked the people to leave their name and roadnumber with Mr Anderson if they would like for him to check their road for main-tenance The following names and road number were given to Mr Anderson forobservationCraig Denny, S R # 1526; David Byrd, #1941; Leon Stephenson, # 1381;Delma McLamb, # 2544; Rochelle Bolyard, # 1557; Ruby Phillips, # 1931;D P Rowe and Betty Ferrell # 2110; Melba Carroll, # 2151; Walter Barnes,# 2106; George Johnson, # 1336; Seba Jones, # 1316; James W Herring,# 2319; # 1192 and # 1311Pernell Wilder, living on S R # 1989, priority # 1, wanted to know whenthe Department of Transportation would begin construction on this road MrAnderson told Mr Wilder they would start as soon as the weather permittedThe Board of Commissioners showed much consideration and concern about thepublic being informed in regards to changes in priority numbers and road conditionin the county The Board expressed appreciation to the people for attending thisPublic Hearing in order to learn more about a county Secondary Road ProgramMr Wade Pridgen, Assistant Division Engineer, and Paul Anderson, DistrictEngineer, with the Division of Highways, State of North Carolina, Department ofTransportation, appeared before the Board of County Commissioners and presentedthe Secondary Road Program for 1978-1979After reviewing the proposed construction program for 1978 -1979,Commissioner J E Rogerson moved that the following resolution be adoptedRESOLUTIONWHEREAS, the Board of County Commissioners of Johnston County has receivedfrom the Department of Transportation the Secondary Road Program for 1978 -1979 aspresented by -Mr Pridgen and Mr Anderson, said roads being a part of the systemmaintained by the NORTH CAROLINA State Department of Transportation, Division ofHighways;AND WHEREAS after careful consideration of the services rendered by saidroads and the traffic demands of said County, it is deemed necessary that said roadEbe improved, in order to better serve the interest of the people of the County;NOW THEREFORE, BE IT RESOLVED, that the Board of Commissioners of JohnstonCounty hereby approve and request that the North Carolina Department of Transport-ation and Highway Safety make the following improvements in said roads listedas followsJOIiNSTON COUNTY SECONDARY ROAD PROGRAM 1978- 1979 - COUNTY CONSTRUCTIONALLOCATION BOND ALLOCATION -TOTAL ESTIMATED ALLOCATION 1,042,340Priority # Road # From To Length Grade Stabor Pave Bridge or Drain Base Lame PipeSupplement6312205SR1150SR1143NC96331To complete project1SR1989SR1901SR19080349,9286,8006,1202SR1334SR1330SR133536083,16072,00064,800 15,0003SR2324SR2323SR232009021,24018,00016,2004SR1576SR1555SR156114028,04028,00025,200 5,0006SR2147SR2148SR214615020,40930,00027,000Replace Bridge#445on SR1113withLargePipe10,000Replace Bridge#279on SR1548withLargePipe25,00034 5SR1197SR1008SR119822058,52044,000EstimatedAllocationfrom1978-79 CountyConstruction Bond Allocation 6312205, 69,370; #1 22,848; #2, 234,960; #3, 55,440, #4, 86,240; #6,77,400;#5,102,520 98 524 Miscellaneous ItemsRoad Additions, Paving of Rural Fire Rescue Squad Driveways, Overdrafts,County wide RW and Surveys, etcTotal Estimated Allocation from 1978 -79 County Construction and Bond Funds -358,562 344 Total 1,042,340 100,01 ?kFI?IFebruary 27 1,978 ContCommissioner Frank B Holding seconded the motion which was carriedunanimously2 West Smithfield Sanitary DistrictW B Duck Strickland, Chairman, Dr Stratton Story, Henry Whitley andJoe Royal, members of the West Smithfield Sanitary District Board, along withJames A Wellons, Attorney for the District, Senator Ed Renfrow, Shelton Castle-berry and others met with the Board of Commissioners requesting additional fundsfor maintenance and operation of the West Smithfield Sanitary District Water Line,Mr Jim Bibens, Engineer for the West Smithfield Sanitary District, saidan engineering study showed the West Smithfield Sanitary line will bear additionaloperation and maintenance cost for allowing extra water to pass through their lineinto the county line going to ClaytonMr Strickland told the Board he could not ask West Smithfield residentsto tax themselves in order for the county to use their line to transmit water toClayton and his concern is that there be no cost to West Smithfield taxpayers forwater passing through our system to Clayton Mr Strickland further commented,the line is designed to serve the West Smithfield Sanitary District, and if itwould not cost to run water through the line and West Smithfield would get 200,000from the county they would be satisfied, however, it may not be this wayTom Moore, Engineer, and a resident of the West Smithfield SanitaryDistrict, and the board discussed an approximate amount to compensate WestSmithfield for use of their line and a cost to by -pass the sliest Smithfield SanitaryDistrict line Mr Moore stated in 10 to 15 years this line would not be able tohandle the water demand and it would be build a new line or reinforce the WestSmithfield lineCommissioner Frank B Holding stated that somebody had to be responsiblefor maintaining the lines and indicated he is willing for a contingency fund to beset up for heavy maintenance as the county is willing to help West Smithfieldmaintain the line Commissioner J E Rogerson asked if it wouldnt be betterto spend our the county 200,000 on bringing the Clayton line all the way toSmithfield rather than to place a hardship on Nest Smithfield Tom Moore agreedif this is a hardship on West Smithfield it would pay the county to build a lineon back to Smithfield, as the county may eventually have to anyway, if futuredemands overwork the West Smithfield Sanitary District lines Commissioner Bookerasked if it would not be cheaper for the county to build a connector to Smithfield,rather than pay West Smithfield 200,000 now, and then in the future have to spendanother 200,000 for another line to Smithfield Chairman Denning replied he couldnot see the significance of the county building a water line when one is alreadythere; to set aside a reasonable figure for maintenance and it should not work ahardship on West Smithfield Chairman Denning further stated the entire Boardwants to cooperate, if there is a major break in the line the county will have tohave inputMr Joe Royal, member, West Smithfield Sanitary District, asked the Boardif they are saying there will be money set aside for maintenance and the WestSmithfield Sanitary District can get part of it Chairman Denning emphasized thatthe Board of Commissioners has not taken any action as to money set aside formaintenance, however, they realize there will be operation and maintenance costand an agreement must be worked out between the county and West SmithfieldCommissioner Frank B Molding encouraged the West Smithfield Sanitary Districtboard members to accept the 200,000 grant from the county for compensation foruse of the Nest Smithfield Sanitary District water line It was suggested andagreed upon that W R Britt, County Attorney, and James A Wellons, SanitaryDistrict Attorney, would negiotate and draw up a contract, acceptable by bothparties, specifically stating the countys financial obligation in operation andmaintenance of the West Smithfield Sanitary District line connecting to the countywater line going to ClaytonCommissioner Holding commended the West Smithfield Sanitary Districtcommunity for going forward and taking care of its problem the way they have, andis proud of what the district has done, and further stated he wished it were sothe county could help more, but the only money the county has, other than grants,has to come from advalorem taxesAfter discussion, Commissioner J E Rogerson moved that the county payto the West Smithfield Sanitary District 200,000 to hook on to a specific sectionof their water line as soon as possible418February 27 ContCommissioner Frank B Holding requested an amendment, stating he wouldsecond this motion if amended as follows; the West Smithfield Sanitary Districtto be paid not less thaK50,000 a year and when the contract is signed andaccepted by the West Smithfield Sanitary District Board and the Johnston CountyBoard of Commissioners, the County Administrator is to write a check to the WestSmithfield Sanitary District for 50,000 Commissioner J E Rogerson agreed to accept this amendment to his motionCommissioner Frank B Holding seconded the motion which was carriedunanimously3 Deed to Mamie H WiggsUpon a motion by Commissioner Frank B Holding, duly seconded byCommissioner Howard Benton and carried unanimously, the Chairman was authorizedto execute the following deedNORTH CAROLINAJOHNSTON COUNTYTHIS INDENTURE, made this the 27th day of February, 1978, between NormanC Denning, Frank B Holding, J E Rogerson, Howard B Benton and John M Booker,DVM, Board of Commissioners of Johnston County, State of North Carolina, of theone part; and Mamie H Wiggs, widow of J P Wiggs, of said County and State, ofthe second part;WITNESSETHTHAT WHEREAS, at a meeting of the Board of County Commissioners of JohnstoCounty, on the 5th day of February, 1949, it was orderedThat those certain lots in the Town of Kenly, formerly owned by J P, Wiggand conveyed to Johnston County by A M Noble, Commissioner, by deed recorded inBook 306, page 431, Registry of Johnston County, be conveyed to Mrs J P Wiggs,upon the payment of the sum of TWO HUNDRED AND 00 100 20000 DOLLARSAND WHEREAS, THE said party of the second part paid to the auditor ofJohnston County and the Tax Collector the sum of TWO HUNDRED AND 00 100 20000DOLLARSAND WHEREAS, the said party of the second part has never received fromJohnston County a properly executed deed describing the property set forth above,NOW, THEREFORE, this indenture witnesseth that for and in consideration ofthe premises, Norman C Denning, Frank B Holding, J E Rogerson, Howard B Bentonand John M Booker, DVM, Board of County Commissioners of Johnston County, havesold, and conveyed, and by these present do for themselves and their successorsin office, justly and absolutely, sell and convey to the party of the second part,her heirs and assigns, without any warranty of title, also its right, title, andinterest that Johnston County has in and to that certain lot, tract, or parcel ofland situate, lying and being in Ingrams Township, Johnston County, North Carolina,under and by virtue of a certain Commissioners deed executed by A M Noble,Commissioner, to the Board of County Commissioners of Johnston County, andrecorded in Book 306, page 431, Johnston County Registry, said lot, tract, orparcel of land, being described as followsAll that parcel of land situate in the Town of Kenly, N C, and describedas follows Being lots Nos 8 and 9 in Block A -b and being 55 feet by 125 feetand containing 13,750 square feet and being a fractional part of an acre This isthe same land which was conveyed to J P Wiggs by deed dated December 1, 1924,Registry 9and recorded in Book 167, at pate 22 a y of Johnston County, excepting 3375feet which was conveyed off of said lot to James H Watson and being the northernportion of Lot #9 in Block A -B said deed being dated December 15, 1924, andbeing recorded in Book 167, page 328, Registry of Johnston County See F R #2j page 213, Office of Johnston County AuditorTO HAVE AND TO HOLD the above premises, unto the said Mamie H, Wiggs, herheirs and assigns, to her and their only use and behoof forever; so that neitherof the grantors herein, or any other person or persons in their name behalf, willhereafter claim or demand any right or title in the premises, or any part thereof,but that they and every one of them by these presents shall be forever barred,IN WITNESS WHEREOF, the said Norman C Denning, Frank B Holding, J ERogerson, gq,ward B Benton, and John M Booker, DVM have hereunto set their handsand seals the -4ay,,and year f irs 1 x ;above writtenyNorman C Denning, SEALs Frank B Holding, SEALJohn M Booker, SEALHoward Benton, SEALJ E Rogerson, SEALBoard of County Commissioners of JohnstonCounty1Ii1February 27, 1978 Cont4 Wastewater Pumping Station - Town of Kenly - CP L AgreementUpon a motion by Commissioner Howard Benton, duly seconded by CommissionerJ E Rogerson and carried unanimously, the Chairman was authorized to execute thefollowing agreementNORTH CAROLINAJOHNSTON COUNTYTHIS AGREEMENT, made and entered into this 10th day of January, 1978, byand between CAROLINA POWER AND LIGHT COMPANY, a North Carolina public servicecorporation, hereinafter referred to as COMPANY, and JOHNSTON COUNTY, a bodypolitic and corporate, hereinafter referred to as COUNTYWI TNESSETH THAT, WHEREAS, COUNTY owns a twenty 20 foot water line easement acrosscertain lands in Beulah Township, Johnston County, North Carolina, as evidenced bythe following agreements into COUNTY 1 from the Kabil Development Company,Inc, et al, dated January 13, 1977, and recorded in Book 823, page 15; and 2from Dolph D Overton and wife, Sue H Overton, dated June 16, 1977, and recordedin Book 823, page 38, both Johnston County Registry;WHEREAS, COMPANY desires to use a portion of said easement for theconstruction and maintenance of an electric line; andWHEREAS, COUNTY has no objection to such use of its easement under theterms and conditions hereinafter set outNOW, THEREFORE, in consideration of the premises and of the mutual coven-ants herein contained, COUNTY hereby authorizes COMPANY, its successors and assignsto construct and maintain said electric line within COUNTYS above- mentionedeasement upon the following terms and conditions1 That COMPANY shall locate and construct said electric line aling thecenter line of said easement as shown on the attached maps dated12 -20 -76 and December, 1976, prepared by Ragsdale Engineers, P A,labeled SKETCH NO 1 and SKETCH NO 22 That this agreement is effective only insofar as the easement rightsof COUNTY are concerned; and COMPANY shall obtain from the owners suchpermission as may be necessary on account of the interest they have insuch properties3 As between the parties hereto, COMPANY and COUNTY shall be wholly andsolely responsible for each of its operations on the above- describedeasement and for any and all damages done or caused by its operationsto persons or property and COMPANYand COUNTY shall each save and holdharmless the other, its successors or assigns, from all damages andlosses resulting from its actionable negligence unaccompanied by thenegligence of the other, its successors or assignsIN WITNESS WHEREOF, COMPANY has caused this agreement to be executed byits officers hereunto duly authorized and its corporate sealto be affixed here-unto, and COUNTY has caused this agreement to be signed in its name by itsChairman, Board of Commissioners, attested by its Secretary, and its Common sealto be affixed hereto, all pursuant to a resolution of its governing body, all asof the day and year first above writtenCAROLINA POWER LIGHT COMPANYBy Earl F StephensonVice PresidentATTESTRobert Al WilliamAssistant SecretaryJOHNSTON COUNTYBy Norman C DenningChairman, Board of mmissionersATTESTEleanor N CreechSecretaryFebruary 27, 1978 Cont5 EMS Planning ProjectUpon a motion by Commissioner Howard Benton, duly seconded by CommissionerJ E Rogerson and carried unanimously, the following resolution was adoptedWHEREAS, Johnston County is concerned with the provision of health careservices to its citizens in general and emergency medical services inparticular, and supports the development of a comprehensive regionalEmergency Medical Services System, andWHEREAS, the Emergency Medical Services Planning project for HSA IV,conducted under the auspices of the Triangle J Council of Governments andthe Derr -Tar Council of Governments is presenting an application forassistance in implementing improvements and development of these servicesin our county and other counties of HSA; IV, andWHEREAS, Johnston County supports the application of the Triangle JCouncil of Governments to provide administration of the grant and otherservices in connection therewith,NOW, THEREFORE, be it resolved that the Board of Commissioners of JohnstonCounty does hereby go on record as supporting the application of theTrigle JCouncil of Governments to the U S Department of Health,Edacatin arid- 1a ,?vll support and cooperate wit the Triangle Js Acouncil of Governments toward the successful executon f the grant,BY Norman C DenningChairman, Johnston County Board ofCommissionersATTESTEleanor N CreechClerk0Leave of Absence,- L P Creech - Veterans Service OfficerCommissioner Frank B Holding moved that L P Creech, Veterans ServiceOfficer, be granted a thirty day leave of absence without pay Mr Creech hasused all his vacation and sick leaveCommissioner John M Booker seconded the motion which was carriedunanimously7 Supplement Pay - Veterans OfficeKramer Jackson, County Administrator, advised the Board that he had beenasked to consider a supplement in pay for the office personnel in the VeteransOffice while Mr Creech is absent from workThe Board told Mr Jackson they would take this under advisement8 Salary Increases - County Employees for 1978 -1979Kramer Jackson, County Administrator, asked the Board of Commissioners togive much consideration to what they intend to do on salary increases for countyemployees in order that he might work on the 1978 -1979 budget Mr Jackson alsotold the Board the Capitol Outlay needs are three times more than what we havemoney for9 Johnston County Airport GrantUpon a motion by Commissioner Frank B Holding, duly seconded byCommissioner Howard Benton and carried unanimously, the following resolution wasadoptedTHAT WHEREAS, the County of Johnston hereinafter referred to as Sponsorhas made a formal application to the Department of Transportation hereinafterreferred to as Department for State financial aid for Johnston County Airport;andWHEREAS, a grant in the maximum amount of 128,350 has been approved;NOW THEREFORE, BE AND IT IS HEREBY RESOLVED that the Chairman of theSponsor be and he hereby is authorized and empowered to enter into a GrantAgreement with the Department as may be necessary to effectuate the aforesaidexpressed purpose, thereby binding the Sponsor to the fulfillment of itsobligation incurred under this resolution and to its agreement under the saidGrant Agreement with the DepartmentWMilI3 410 Mental Health AdditionThe Board in discussing the Mental Health new addition instructed MrJackson to talk with Dr Searcy and explain that this request will be consideredat budget making time11 Council of Governments - DuesCommissioner Howard Benton asked the Board for opinions on any shiftingofdues for the Council of Governments Commissioner Benton advised they werediscussing a revaluation of dues, as it seems they are losing money on small townsand countiesThe Board advised Commissioner Benton they opposed any shifting of duesCommissioner Howard Benton at this time stated he would like to commendthe Clerk to the Board for the fine job she is doingUpon a motion by Commissioner Frank B Holding, duly seconded byCommissioner John M Booker and carried unanimously, the Board adjourned?+-Norman C Denning, ChairmanEleanor N Creech, Clerk