February 6, 1978 - 10:00 AM - County Board of Commissioners Meeting Minutes

Meeting of Board of Commissioners for the County of JohnstonFebruary 6, 1978The Johnston County Board of Commissioners met in regular session in theCommissioners Room of the Johnston County Courthouse, Smithfield, North Carolina,Monday, February 6, 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 NoneChairman Denning called the meeting to order and the following business wastransacted1 Minutes - ApprovedThe Board of Commissioners reviewed the m huyte_s of the January 3 and January23rd board meetingsThere was a question raised by Commissioner John M Booker regarding item# 24 part 2 C A Byrd, Jr release of the January 3rd meeting and item # 2,Moccasin Creek Drainage District matter of the January 23rd meetingAfter the board members discussed this matter it was determined that theminutes were recorded correctly Commissioner Howard Benton moved that the minutesof the January 3rd and January 23rd board meetings be approved as recordedCommissioner J E Rogerson seconded the motion which was carried unanimousIV2 Tax Attornev NamedThe Board again discussed the appointment of a Tax Attorney to assist theTax Collector with various tax matters and collection of county taxes requiringlegal actionCommissioner Booker asked what the legal fee schedule would be and why thereis only one tax attorney, Harper Godwin, Tax Collector, advised he is working on afee schedule, and further explained having only one tax attorney the work would becoordinated, he and the tax attorney would know what is going on, if there is morethan one tax attorney there could be a lack of communication causing problemsCommissioner Booker expressed that it seemed to him there would be advantageto having more than one, maybe if one attorney is extremely busy, another attorneymight be availableAfter diseu`sgiou, Commissioner,, J, E Rogerson moved that Andy Holland, Jrbe appointed as tiCouriyT;ax4Aori;y,-Sommissioner Howard Benton seconded the motion which was carried unanimouslThe Chairman at this time instructed the Tax Collector to come back to theBoard and request additional help if he needs to3 Secondary Road # 1559Mr H D Merritt, Route # 1, Clayton, N C, met with the Board regardingthe paving and condition of Secondary Road # 1559 Mr Merritt advised the Boardthis road is in very poor condition and needs maintenance The Board told MrMerritt this road has a priority number of 25 and they would talk with Paul AndersonDistrict Engineer, regarding the condition of this roadBy motion of Commissioner Howard Benton, duly seconded by Commissioner JohnM Booker and carried unanimously, the Board agreed to ask the State HighwayCommission to check the condition of this road4 Rachel Haywood Property - Wilsons Mills TownshipAttorney James Ethridge met with the Board representing Pernell Wilder andregarding the Rachel Haywood property in Wilsons Mills Township The Board askedMr Ethridge to have Mr Wilder meet with the Board later on during the day5 Budget Calendar - 1978 -197,9 BudgetKramer Jackson, County Administrator, asked the Board to approve the 1978- -1979 Budget CalendarCommissioner Howard Benton moved that the 19781979 Budget Calendar aspresented by Mr Jackson be approved and adoptedCommissioner J E Rogerson seconded the motion which was carriedunanimously1404February 6, 1978 Cont+I 6 Mental Health Board AppointmentCommissioner J E Rogerson moved that Susan Lassiter be appointed to theJohnston County Mental Health Board to fill the unexpired term of M W StancilThis term expiring March 1, 1980Commissioner John M Booker seconded the motion which was carriedunanimously7 Airport Authority - AppointmentsCommissioner J E Rogerson moved that George Brannan, Dr Norman BGrantham, Jr, and Graham Hinnant be reappointed to the Johnston County AirportAuthorityCommissioner Frank B Holding seconded the motion which was carriedunanimously Correction March 6 Terms designated8Electrical Fees - IncreasedCommissioner J E Rogerson moved that the county electrical inspectionfees be increased as follows minimum charge from 6 to 7, Mobile Home inspectionfrom 8 to 9 and all outlets over 55 from 5? to 10? per outletCommissioner Frank B Holding seconded the motion which was carriedunanimously9 Grant Offer 201 FacilityBy motion of Commissioner J E Rogerson, duly seconded by CommissionerHoward Benton and carried unanimously, the following resolution was adoptedRESOLUTIONWHEREAS, 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 complex to serve a new industry and environs,andWHEREAS, the County of Johnston has made application for grant assistancefrom State Allocated Funds under the Pollution Control Account of the Clean WaterFund to aid in the construction of this project, andWHEREAS, the State of North Carolina has offered a grant in the amount of26,000;NOW, THEREFORE BE IT RESOLVED that the County of Johnston accept the StateGrant offer in the amount of 26,000 and hereby agrees and gives assurances to theDepartment of Natural Resources and Community Development Division of EnvironmentalManagement as stated on Page 2, Section II - Assurances and Page 4, Section III -Acceptance, and further hereby authorizes the County Administrator to execute thisagreement10 Grant Offer — Clayton WaterlineBy motion of Commissioner Frank B Holding, duly seconded by CommissionerHoward Benton and carried unanimously, the following resolution was adopted;RESOLUTIONWHEREAS, 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 awater supply facilities linking the Smithfield water system to the Town of Claytonwater system, andWHEREAS, the County of Johnston has made application for grant assistancefrom State Allocated Funds under the Water Supply Account of the Clean Water Fundto aid in the construction of said project andWHEREAS, the State of North Carolina has offered a grant in the amount of479,000;NOW, THEREFORE BE IT RESOLVED that the County of Johnston accept the StateGrant offer in the amount 479,000 and hereby agrees and gives assurances to theDivision of Health Services as stated on Page 3, Section II - Assurances and Page4, Section III - Acceptance, and further hereby authorizes the County Administratorto execute this agreement,j 1ifEi•1February 6, 197811 Grant Offer - 201 Facility - Pine Level and Four OaksBy motion of Commissioner Howard Benton, duly seconded by CommissionerFrank B Holding and carried unanimously, the following resolution was adopted;RESOLUTIONWHEREAS, 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 system, andWHEREAS, the County of Johnston has need for and intends to constructinterceptor and pumping facilities to serve Pine Level and Four Oaks, andWHEREAS, the County of Johnston has made application for grant assistancefrom State Allocated Funds under the Pollution Control Account of the Clean WaterFund to aid in the preparation of the plans and specifications of this project,andWHEREAS, the State of North Carolina has offered a grant in the amount of12,206;NOW, THEREFORE BE IT RESOLVED that the County of Johnston accept the StateGrant Offer in the amount of 12,206 and hereby agrees and gives assurances to theDepartment of Natural and Economic Resources Division of Environmental Managementas stated on Page 2, Section II - Assurances and Page 3 - Section III - Acceptance,and further hereby authorizes the County Administrator to execute this agreement12 201 Progress ReportKramer Jackson, County Administrator, presented the following 201 ProgressReport;13Report;206,081130,789767,881651,051116,830167o Overall complete36 of pipeline work complete21 of Selma Equalization and pumping facilities complete10 of construction at Treatment Plant completeTOTAL EXPENDITURES through February 1, 1978 973,962TOTAL REVENUES received through February 1, 1978 781,840DIFFERENCE 192,122LOCAL COST to date - - - - - - - - - - - - - - - 121,745BUDGETED COUNTY COST 1977 -1978 229,227Jail Inspection ReportKramer Jackson, County Administrator, presented the following Jail InspectiNorman Whitley, Chief Deputy,,and I inspected the jail on January 26, 1978,and hereby make the following report to the Board of County Commissioners1 The entire jail needs a general cleaning Floors and walls through -outthe jail are less than cleanAll cleaning on the jail floor is provided by inmates The inmates do onlythe amount of cleaning they want to do2 The jail needs painting in some areas I recommend the baseboards bepainted along with other selected areas of the jail3 The Chief Jailer reports that the heat on the entire floor has beenadequate this winter This can be attributed to caulking and sealing windows inthe jail and to the replacement of a worn out furnace4 Bedding is inadequate Mattresses are not flame retardant, inadequatein number, and dirty and torn Linens sheets are not available Blankets arerejects with wires made into the blankets Wires are removed by the inmates andused for whatever the imagination can conceive Blankets are used to cover themattresses to sleep on and another blanket is used for coverI recommend fifty flame retardant mattresses be ordered and that fiftyblankets similar to army type blankets be ordered I further recommend the Boardconsider contracting for linen serviceC5 Shower curtains are needed for all cells,TotalExpenditure1976 -1977BudgetTotalRevenues Received1976 -1977BudgetTotalExpenditures1977 -1978BudgetTotalRevenues Received1977 -1978BudgetFederal - 591,999State -59,052Construction Work to date13Report;206,081130,789767,881651,051116,830167o Overall complete36 of pipeline work complete21 of Selma Equalization and pumping facilities complete10 of construction at Treatment Plant completeTOTAL EXPENDITURES through February 1, 1978 973,962TOTAL REVENUES received through February 1, 1978 781,840DIFFERENCE 192,122LOCAL COST to date - - - - - - - - - - - - - - - 121,745BUDGETED COUNTY COST 1977 -1978 229,227Jail Inspection ReportKramer Jackson, County Administrator, presented the following Jail InspectiNorman Whitley, Chief Deputy,,and I inspected the jail on January 26, 1978,and hereby make the following report to the Board of County Commissioners1 The entire jail needs a general cleaning Floors and walls through -outthe jail are less than cleanAll cleaning on the jail floor is provided by inmates The inmates do onlythe amount of cleaning they want to do2 The jail needs painting in some areas I recommend the baseboards bepainted along with other selected areas of the jail3 The Chief Jailer reports that the heat on the entire floor has beenadequate this winter This can be attributed to caulking and sealing windows inthe jail and to the replacement of a worn out furnace4 Bedding is inadequate Mattresses are not flame retardant, inadequatein number, and dirty and torn Linens sheets are not available Blankets arerejects with wires made into the blankets Wires are removed by the inmates andused for whatever the imagination can conceive Blankets are used to cover themattresses to sleep on and another blanket is used for coverI recommend fifty flame retardant mattresses be ordered and that fiftyblankets similar to army type blankets be ordered I further recommend the Boardconsider contracting for linen serviceC5 Shower curtains are needed for all cells,406February 6, 19786 There should be a master fire plan posted in each cell area7 The jail has been filled to capacity for three months because SuperiorCourt has not been held during this period8 Inmates complained of not receiving prescribed medications The ChiefJailer assured me that the inmates do get medication as prescribed He has agreedto maintain a roster of inmates receiving medication on his desk at all timesI recommend the Board consider retaining a medical doctor to visit andexamine inmates in the jail area as opposed to the present,policy of transportingall complaints to the hospital emergency roomSubmitted this the 26th day of January, 1978After discussion of the Jail Inspection Report, Commissioner Frank BHolding moved that Mr Jacksons recommendations be approvedCommissioner J E Rogerson seconded the motion which was carriedunanimously14 ReportsThe following reports were filed with the BoardBobby Corbett Electrical InspectorL P Creech Veterans Service Officerby Marie CreechHarper Godwin Tax CollectorKramer Jackson Finance ReportCapital ExpendituresArt Goetz Library15 Budget Amendment - Tax Listing AssistantsCommissioner Howard Benton moved that 5,48000 be transferred from theContingency Fund 1099900 and appropriated to Tax Listing Compensation 104500 to pay the Tax Listing AssistantsCommissioner Frank B Holding seconded the motion,which was carriedunanimously16 Budget Amendment - General Fund and Revenue Sharing FundUpon a motion by Commissioner Frank B Holding, duly seconded by CommissioneHoward Benton and carried unanimously, the following budget amendments were approveGENERAL FUNDREVENUESFROMTO10341017575,500103350112,00015,6031033502-0-26,2101036902-0-3001036903-0-400TOTAL INCREASE 35,256EXPENDITURES10660575,0007,00010550166001,50010520451,0002,0001058031gasoline stolen20,00025,0001060054,autopsies3,4006,8001065410-0-1201065413--0-6001065433--0-1,000106603137,50058,736TOTAL INCREASE35,256SHERIFFS DEPARTMENTReduce105107412,000Increase10510102,000REVENUE SHARINGRevenues50330 -0- 867Expenditures5081037 -0- 6515081039 -0- 216gk407February 6,;197817 WIC Sales Tax - State Request RefundKramer Jackson, County Administrator, advised the Board that the NorthCarolina Department of Human Resources is requesting the North Carolina State SalesTax Refund on the WIC Program in the amount of 18,05209The Board discussed this matter and instructed Mr Jackson to return thesefunds if the State demands payment18 Rachel Haywood Property - Wilsons Mills TownshipPernell Wilder, nephew of Rachel Haywood, met with tlre;Board regarding heRachel Haywood property in Wilsons Mills Township This property has been fore-closed for failure to pay county property taxes and Mr Wilder told the Board hewould be responsible for the back taxes 51783 and future taxes if they wouldput the property back in Rachel Haywoods nameThis property is located adjacent to church property and CommissionerHolding asked if the church was interested in the property Mr Wilder commentedhe wanted to keep the property in the familyAfter discussion, Commissioner Frank B Holding moved if the back taxes onthe Rachel Haywood property in Wilsons Mills Township acquired by the countythrough foreclosure are paid by Pernell Wilder within 45 days that this propertybe conveyed back into the name of Rachel HaywoodCommissioner Howard Benton seconded the motion which was carried unanimously19 Insulation Inspector — Town of MicroCommissioner J E Rogerson moved that the County Insulation Inspector beallowed to make inspections within the town limits for the Town of Micro at anominal annual fee of 5000Commissioner Howard Benton seconded the motion which was carried unanimously20 Planning and Zoning Board - Town of ClaytonCommissioner Frank B Holding moved that the Board of County Commissionersconfirm the following appointments to the Town of Clayton Planning and Zoning BoardCharles W Crone, Sr 12- 31 - -78Ralph Isenhour 12 -31 -78Tom Hines 12 -31 -79Jodie Wheeler 12 -31 -80General Colon Hamilton 12 -31 -80Commissioner John M Booker seconded the motion which was carriedunanimously21 , Ancie Edwards - Repair to CarMrs Ancie Edwards of Selma daughter -in -law of Charlie Edwards wrote tothe Board of Commissioners seeking relief for damages to her car Mrs Edwardsexplained that her car had been damaged because of the condition the road was leftin after construction of a county--waterline near her homeAfter discussion, the Board of Commissioners asked Tom Moore and Mr JacksonCounty Administrator, to review the situation thoroughly, negotiate and try to makesome adjustment that is fair and equitable22 Clayton Waterline - Southern Railway AgreementCommissioner Frank B Holding moved that _Norman C Denning,Chairman,Johnston County Board of Commissioners, be authorized to execute the agreementbetween Southern Railway Company and the County of Johnston, North Carolina, concerning a 12 inch water pipe line and an 8 inch sewer pipe line along, across and uponRailway property at Clayton, North Carolina, consideration 536,40, terminable 60days noticeCommissioner J E Rogerson seconded the motion which was carriedunanimouslye i ?February 6, 197823 Budget Amendment , Mental HealthUpon a motion by Commissioner John M Booker, duly seconded by CommissioneFrank B Holding and carried unanimously, the following Mental Health Budgetamendments were approvedBudget Revision # 4 General, Respite Care, SCRAP, HughesExpendituresIncrease 14,278Decrease 14,278Budget Revision # 5 General FundExpendituresIncrease 5,379RevenuesIncrease 5,379Over- realized Patient Fees - Medicare 5,379 into the budget tosupport Contracted Services with Morton Pritchard Farm 1,100, ContactTeleministry 900, Johnston County DSS 2,600, PDS 77924 Mental Health - Salary Increases?,Jentgl ILeRltCommissioner John M Booker moved that salary increases for eligible i ,employees be increased on an average of 360, totalling 7,635Commissioner Frank B Holding seconded the motion which was carriedunanimously25 School - Funds Committed for GymnasiumCommissioner Frank B Holding moved that the county authorize the Boardof Education to sign contracts for the alternates on the Smithfield Junior HighSchool gymnasium in an amount up to 62,850 with the alternates to be performedand paid for in the 1978 -1979 BudgetCommissioner John M Booker seconded the motion which was carriedunanimously26 Water Bill - Town of KenlKramer Jackson, County Administrator, called to the attention of the Boardthe county had received a water bill from the Town of Kenly for water used intesting the water line to Kenly The Board instructed Mr Jackson to talk withMayor Whitley about this water bill27 Mental Health - New Addition ProposedDr Dan Searcy, Acting Director, Earl Marett, Administrative Officer, andmembers of the Area Mental Health Board; C W Tarlton, Tom Berkau and Dot Williaalong with Harry McGee, Architect, met with the Board of Commissioners requestingfunds estimated at 230,000 for a new addition to the Mental Health ClinicDr Searcy indicated this facility is very crowded and the services arehampered, the space is totally inadequate for the present number of staff DrSearcy continued stating the building is not adequate as a functional MentalHealth Center, with the number of staff and crowded working contitions, workproductivity and efficiency drops Harry McGee, Architect, reviewed drawings on the proposed new addition tothe Mental Health CenterEarl Marett indicated that with strong emphasis on collections the MentalHealth Center could pay for this new addition in five years The Board discussedother financing for the new addition, Commissioner Booker advised its up to theCounty Commissioners to determine how the new addition will be financedThe Board discussed this matter, Commissioner Benton asked if officescould be located in another facility on a temporary basis Dr Searcy statedthis means renting and rent moneyThe Board of Commissioners toured the Mental Health Clinic during lunchon this date and indicated they were impressed with what they sawChairman Denning advised the Mental Health officials and the Mental HealthBoard members present the Board of Commissioners would give this proposal muchconsideration and come to some agreement on this proposal0tFebruary 6, 197828 Johnston County Industrial Facilities and Pollution Control FinancingAuthorityMr Brack Wilson, Jr, Chairman, of the Johnston County IndustrialFacilities and Pollution Control Financing Authority appeared before the Board andadvised the Board of the Authoritys adoption of a Resolution expressing intentionto issue industrial development revenue bonds and authorizing the execution anddelivery of a Memorandum of Inducement and Intent pertaining to the financing ofan industrial project for Data General Corporation The representative delivereda copy of the Resolution and the form of Memorandum of Inducement and Intent tothe Board, including the project description attached thereto A discussion ofthe project and its consequences for Johnston County ensuedCommissioner Frank B Holding introduced the following resolution whichwas, read at lengthWHEREAS, the Board of County Commissioners has created a political sub -division and body corporate and politic of the State of North Carolina known asThe Johnston County Industrial Facilities and Pollution Control Financing Authoritthe Authority ; andWHEREAS, the Authori-tr, is authorized under the Industrial and PollutionControl Facilities Financing Act, Chapter 159C of the General Statutes of NorthCarolina the Act , to issue revenue bonds for the purpose, among others, ofpaying all or any part of the cost of any industrial project for industry; toacquire, construct, improve and equip any such project, and to make and executelease agreements, security documents and other contracts and instruments necessaryor convenient in the exercise of such powers; andWHEREAS, the Authority has determined to issue its revenue bonds to pay apart of the cost of acquisition, construction and equipping of an industrialfacility for the manufacturing and assembly of computer components the Project in Clayton Township, Johnston County, and to lease the Project to Data GeneralCorporation the Company ; andWHEREAS, the Authority intends to file an application for approval of theProject with the Secretary of the Department of Commerce the Department , asrequired by the Act; andWHEREAS, the Department hasp, by regulat on, provided that no applicationfor approval of a project will be officially received until the governing body ofthe county from which the application is made has, by resolution, approved inprinciple the proposed project and a certified, copy of such resolution has beenprovided to the Department; andWHEREAS, the Board of County Commissioners desires to approved the Projectin principleNOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners ofthe County of Johnston, as follows1 The Project is hereby approved in principle2 The Clerk of the Board of Commissioners is hereby authorized anddirected to provide a certified copy of this resolution to the Departmentf 3 This resolution shall take effect immediately upon its passageCommissioner Howard Benton moved the passage of the foregoing resolutionand Commissioner J E Rogerson seconded the motion, and the resolution was passedby the following voteAYES Frank B Holding, Howard Benton, J E Rogerson, John M Booker,DVMand Norman C DenningNAY None29 Secondary Road # 1311Mr Clayton of Pleasant Grove Township met with the Board requestingpaving consideration of Secondary Road # 1311 The Board advised Mr Clayton thispriority number is 103, however, they will ask the District Engineer to review thestatistics on this road and give it every consideration possible410February 6, 197830 Agricultural Building Addition - Bids RejectedHarry McGee, Architect, met with the Board and reviewed the bids on theAgricultural Building extension The low bids totalled 69,107, the CountyCommissioners had budgeted 40,000 in the 1977 -1978 Budget for this extensionAfter discussion, and upon Kramer Jacksons recommendations, CommissionerFrank B Holding moved that Harry McGee, Architect, be instructed to readvertisefor bids on the Agricultural Building extension Bids to be considered by theBoard at the April board meetingCommissioner J E Rogerson seconded the motion which was carriedunanimously31 Secondary Road ProgramPaul Anderson, District Engineer, North Carolina Department of Transport-ation, met with the Board asking the Board to set a date for a Public Hearing onthe State Secondary Road Program for 19781979 in Johnston County State Highwayofficials will attend this meeting and present this programThe Board of Commissioners set the date of Monday, February 27, 1978, at7 oclock pm for this meeting32 Wastewater Plant - Wall FailureW R Britt, County Attorney, met with the Board of Commissioners asrequested and reported he and the town attorneys for Smithfield and Selma haveagreed to recommend against any litigation on the east aeration basin wall failureat the Wastewater Treatment PlantThe Board requested that all writings and recommendations be recorded;January 19, 1978Mr W R BrittCounty AttorneyCourthouse SquareSmithfield, North CarolinaJohnston County Board of CommissionersCourthouse SquareSmithfield, N CRE Report of Research Engineers, IncGentlemenUpon reading the report of Research Engineers, Inc and after consultingwith Mr W R Britt, the undersigned respectfully submits the followingopinionIt is quite apparent from the report that the failure of the wall couldhave been prevented under any one of the following conditions;1 A more soundly constructed wall, in the beginning2 A more careful analysis of the condition of the wall prior to thecommencing of a project calling for excavating next to it3 The contractor abiding by the instructions of the engineer and workingonly at such time as the job engineer was on the siteFrom the standpoint of any actual loss suffered by the county, it has beendiscovered since the loss, that as a result of the loss and investigationsmade thereafter, a new and different procedure could be followed whichwould almost eliminate the actual loss of this wall failure and still giveus a better treatment plant In other words, it is thought that the losscould be a mixed blessing Therefore, it could well be that this is a casknown as Damnun absque injuria, which means loss, hurt, or harm withoutinjury in a legal senseI think the report provided the county with needed information I thinkno further action is necessary The original engineers have now been outof the picture some 15 years The present engineering firm of RagsdaleEngineers has provided invaluable services to the county and municipalitietiinireducing losses to a minimum and in finding ways and means of correctingthe same It appears that their credibility remains unimpaired and isquite considerable with the appropriate governmental authorities Anythingthat would prejudice this would be quite harmful to the county and thecommunity as a whole Especially when it does appear that at the verybottom line, there is no true lossI 1r XFebruary 6, 1973It would be my suggestion that the report be filed away and thanks givento a higher authority that the wall fell when no persons were in the areathat could have been harmedRespectfully submitted,Robert A SpenceRobert A Spence, SrTown AttorneyTown of SmithfieldbarJanuary 25, 1978Mr Kramer Jackson, AdministratorCounty of JohnstonP O Box 1049Smithfield, North Carolina 27577Dear KramerAt a special meeting of the Town Board of Commissioners held onJanuary 24, 1978, I, City Manager andAttorney Spence reported on themeeting held on Monday, January 23 of Smithfield and Selma managers andattorneys and Johnston County Commissioners and attorney I enclose copyof Mr Spences opinion submitted to the Town BoardMotion was made by Commissioner N B Grantham, Jr, seconded byCommissioner Norwood Worley that the board file this report forinformation and take no further action Further that Mr Spence beauthorized to report this decision to the CountyCommissioner Langley directed that the record show it was decision of theboard that nothing was to be gained from twenty years of litigation Itis our hope that the County will concur with Smithfields findingsSincerely yours,Hubie TaltonHugh C TaltonCity ManagerHCT vhEnclosureFebruary 3, 1978Mr William R BrittCounty AttorneyCourthouse SquareSmithfield, North CarolinaRE Sewer Treatment Plant Wall FailureDear BillyI have received a copy of the findings of Research Engineers, Inc as tothe causes of the collapse of the east wall of Aeration Basin 2 togetherwith Ragsdale Engineers review of same I have also discussed the matterwith you, Bob Spence and Mr Collings In addition, I was at theCommissioners meeting and heard the comments made at that timeThere has been no meeting of the Selma City Council and therefore, theyhave taken no action nor do I think any action by it is necessaryHad the report been more specific as to THE proximate cause of the collapslitigations might well be in order, but from reading the report, it seemsthat more than one act, and maybe many acts, contributed to the collapseConsiderable time has elapsed since many of the events occurred Theoutcome of any litigation would be unpredictable and take several yearsto conclude412February 6, 1978In making the repairs, I certainly hope that the engineers and contractorstake full advantage of the knowledge they have obtained of the existingplant in order that we do not have another failure in the future It isfortunate that grants were available to cover a substantial portion of thecostsBoth Mr Collings and myself are aware of the fact that any funds expendedby the county in this matter will be repaid by the Town of Selma and other{;users when the system is completed Successful litigation would havelittle effect on the overall user charge in our opinion Whatever yourrecommendation to the Board of Commissioners, we will support the sameYours very truly,E Craig Jones, Jr_E Craig Jones, JrECJdbRagsdale Engineers reviewed the report prepared by Research Engineers,Inc, and submitted a nine page report; Ref Smithfield -Selma RegionalWastewater Facilities Failure of Existing Aeration Basin Wall; this reportis filed with the County Administrator Correction these reportsI, March 6th are33 Wastewater - Data General CorporationTom Moore, Ragsdale Engineers, and Kramer Jackson, County Administrator,advised the Board of Commissioners that Data General Corporation plans to moveemployees into the new plant next week and the sewer line going to the new plantsite from Clayton will not be complete until the first of MarchMr Moore and Mr Jackson stated that Data General is requesting thecounty to provide temporary wastewater disposal services until the sewer line iscomplete Chairman Denning asked if the sewer line is behind schedule MrMoore advised the contract deadline is March 10th and in his opinion the contractoris on scheduleCommissioner Holding recommended that the county accomodate Data Generalby providing the temporary wastewater disposal service Commissioner Bookerstated he felt the county had met its obligations and schedules to the firmData General After further discussion, Commissioner Frank B Holding movedthat theCounty pay up to °1,000 to provide temporary wastewater disposal service for theData General CorporationCommissioner J E Rogerson seconded the motion,which was carried by thefollowing vote;Aye Commissioners Frank B Holding, J E Rogerson, Howard Bentonand Norman C DenningNay Commissioner John M Booker34 Overby PropertyKramer Jackson, County Administrator, told the Board he had received aletter from Joseph Overby stating he had decided not to sell the funeral homeproperty at this time35 Temporary Pole Inspection FeeRobert Beasley, representing the County Electrical Contractors, met withthe Board of Commissioners opposing an inspection fee for each temporary poleservice Mr Beasley told the Board this would be an additional expense,responsibility and burden on the electrical contractors and they do not feel thisis fair Mr Beasley further told the Board, the electrical contractors areasking for the Boards consideration in regards to charging for each temporarypole service The Board told Mr Beasley they would take this under considerationThe Board also asked Ken Windley, County Planner, to contact surroundingcounties to find out how they handle temporary pole services36 Landfill - New EmployeeRoland Hatcher, Manager, Johnston County Landfill, introduced RussellTavenner, new employee at the County Landfill OfficeFebruary 6,, -197837 Tax RefundsJohnnie Stott, Tax Supervisor, presented the following request for refundsfor the month of January, 1978, for the Boards action;1, Martha Hodge Creech - Route 3, Box 100, Kinston, N, C, request refundin the amount of 3720 Bulk barns were double listed Listed inBeulah and ONeals Townships Refund requested off of Beulah TownshipTaxes were paid by mail on December 1, 1977,Recommendation That refund be granted,Hubert Sanders Daughtry, Route 2, Box 135, Smithfield, N C, requestrefund in the amount of 4650 Should have been granted SeniorCitizens ExemptionRecommendation That refund be granted---3 Mr A 0 Creech, Route 1, Zebulon, N C, request refund in theamount of 40632 Mr Creech and son have paid taxes on same housesince 1963 -,I_f refund is granted, by law they can only be refundedfor the years 1975,` 1976, 1977 This error was found by the AssociateSurveyors Taxes have been paidRecommendation That refund be granted4 Melvin A Johnson, Route # 1, Benson, N C,-request refund in theamount of 7440 Bulk barns were double listed Listed in Bannerand Elevation TownshipsRecommendation That refund be granted5 Janet Leigh Evans, 313 George Street, Benson, N C, request refundin the amount of 233 Ms Evans listed a 1974 Ford Pinto StationWagon and it should have been a 1973 Ford Pinto Station WagonRecommendation That refund be granted6 Jimmy Wayne Thompson, Route 1, Box 161 C, Princeton, N C, requestrefund in the amount of 744 Mr Thompsons lot was double listedat a value of 800? 7 Edwin A Dinnsen, Jr, 716 Crescent Drive, Smithfield, N C, requestrefund in the amount of 1163 Mr Dinnsens car was double listedRecommendation That8 James Conrad Pollard,in the amount of 26Original bill paid inpenaltyrefund be grantedRoute 1, Box 211, Angier, N C, request refund85 Mr Pollards car was double listedDecember 23, 1977 Should be no late paymentRecommendation That refund be granted,__-9 Doris J Massengill and Raymond, Route 2, Box 176 A, Four Oaks, N C,request refund in the amount of 744 Lot was double listedValuation on lot was 800Recommendation That refund be granted10 Mr W A Weston, 806 Longdale Street, Garner, N C, request refundin the amount of 9340 Paid back taxes in name of Billy Ray McLambin order to receive Mobile Home PermitRecommendation That refund be grantedX11 Smith Farms, Elasta Smith, Route 2, Newton Grove, N C, request refunin the amount of 7440, valuation 8,000 Mr Smith has only four bulbarns and is charged with six Two are combined in real estate valueof 12,050 in name of Elasta Smith and Rosalie TartRecommendation That refund be granted?12 John Logan Auton, Jr, Route # 3, Box B 52, Clayton, N C, requestrefund in the amount of 6317 Mr, Auton is not a resident ofJohnston CountyRecommendation That refund be granted414February 6, 1978After review, Commissioner Howard Benton moved based upon Johnnie Stottsrecommendations, the above tax refund requests be grantedCommissioner John M Booker seconded the motion which was carriedunanimously38 Tax Afterlist ReportJohnnie Stott, Tax Supervisor, reported on the afterlist for the month ofJanuary, 1978, in the amount of 131,185 valuation which amounts to 1,42290which covers tax receipts # 33,204 -A through 34,179, making a total afterlistvalue of 14,077,399, total value 154,56045Upon a motion by Commissioner Howard Benton, duly seconded by CommissionerJ E Rogerson and carried unanimously, the Board recessed until Monday, February27, 1978, at 7 oclock pm, for the purpose of holding a Public Hearing on theSecondary Road Program for Johnston County for the 1978 -1979 fiscal year? wot 4Norman C Denning, ChairmaniEleanor N Creech, Clerk