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

I Meeting of Board of Commissioners for the County of JohnstonJanuary 3, 1978The Johnston County Board of Commissioners met in regular session Tuesday,January 3, 1978, in the Commissioners Room of the Johnston County Courthouse,Smithfield, North Carolina, at 10 oclock a m, with the following memberspresentNorman 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 reviewed the minutes of November 22, 1977, and the December 5, 1971board meetingsCommissioner J E Rogerson moved that the minutes of the November 22 andDecember 5th board meetings be approved as recordedCommissioner Howard Benton seconded the motion which was carried unanimously23ReportsThe following reports were filed with the BoardKramer JacksonBobby CorbettL P CreechHarper GodwinRubert C BarbourDon MorrisonBruce WoodardUnemployment Insurance ProgramFinancial Report DecemberElectrical Inspector writtenVeterans Office writtenTax CollectionsDog Warden writtenDepartment of Social ServicesExtension ServiceKramer Jackson, County Administrator-, advised the Board that counties arerequired by the State to participate in the Unemployment insurance Programeffective January 1, 1978, Mr Jackson explained there are two ways-the countymay participate in this program; 1 may budget 7,2 up to 6,000; ,or-2 directreimbursement from the stateMr Jackson recommended the direct reimbursement from the State, and alsorecommended the county bill the CETA Program on a monthly basis,After discussion, Commissioner Howard Benton moved that the Board concurwith Mr Jacksons recommendations,Commissioner J E, Rogerson seconded tb-d motion which_ wa,?carried unanimously4 Electrical inspections — FeesKramer Jackson, County Administrator and Bobby Corbett, Electrical Inspector,again talked with -th-e Board regarding tfLe request for an increase in charges forelectrical inspections and permita, Th-6 Board h-ad dis`cus°aed an increase that-would realize approximately a 77o increase for the Electrical Inapectox, as he workson a fee basis, and there haa not been an increase in many, years-,Mr Jackson advised sh-ould th-e permit fee be increased from 8 to 10 formobile homes, the electrical inspector would realize an increase of approximatelyeight percentMr Corbett told the Board at times lie had problems collecting the fees forinspections, especially when jobs are incomplete or where changes have to be madeand he had to go back several times, Commiissioner Booker asked Mr, _Corbett abouthow much it cost to have a two bedroom b-ouse J,nspected, Mr Corbett advised thatan average two bedroom house would usually average about 15 to 17, depending onthe number of outlets over 55,CEach- outlet over 55 is 5 each- Mr, Corbettettrecommends that the annual temporary pole permtt lor contractors - be d_ts?contjnuedto enable more efficient enforcement of th-6 county ordtnances,requtr?,ng permj?ts?as it was emphasized that th_dse ordinances? can only be enforced, eff-icteutly, th-rougl,the County Electrical I;nsspector,The Board indicated they did not deaire to work a hardship on builders- andcontractors and agreed they should be able to-get all the permita at one time,January 3, 1977 ContAfter discussion, Commissioner Frank B Holding moved that the Countyeliminate the annual temporary pole electrical permit and charge a fee for eachtemporary pole serviceThis motion died for the lack of a secondThe Board deferred action on this matter at this time5 Overby Property Funeral Home BuildingThe Board discussed the purchase of the Overby Property, corner of Secondand Johnson Streets, this building housing Long Funeral Home and leased by RobertLong with Joe Overby and County Attorney W R Britt The Board talked about apurchase price of 100,000After discussing this matter at length, the Board took no official action atthis time6 Sheriff Departments ReportGeorge Johnson, Chief Deputy, reported on the Cornell Cook Shady Laneshooting incident Chief Deputy Johnson assured the Board of Commissioners thatthe Sheriffs Department, State Bureau of Investigation and Federal Bureau ofInvestigation are continuing an extensive investigationCommissioner Booker asked Deputy Johnson about the Lee murders DeputyJohnson replied that three suspects are confined in another countyThe Board thanked Deputy Johnson for this report7 Elmer Wellons - Tax ReliefElmer Wellons, Jr, property owner, met with the Board requesting tax reliefon a building valued at 38,000 that burned in January, 1977 This buildinglocated on Market Street and housed Congleton Hardware, Rex Shoe Shop and PopesVariety StoreThe Board advised Mr Wellons they would look into this request8 New Employee - County Extension Service - 4 -H AssistantBruce Woodard, Chairman, Johnston County Extension Service, introduced MrsEthel House, new 4 -H Assistant employed by the Agricultural Extension Service9 Department of Social Services - Annual ReportDonald Morrison, Director, Johnston County Department of Social Services,met with the Board and made an annual reportMr Morrison reported a 37 decline in Johnston Countys welfare rolls overthe past two years compared to an increase of 127c in other counties in the UnitedStates Mr Morrison contributed this decline to programs now administered by theDepartment of Social Services, such as Family Planning, Child Day Care, enablingmothers to find employment, and the 4 -D Program; which locates fathers of welfarechildren Another significant factor is the North Carolina General Assembly passeda law last year which restricts a property owner from giving property to relativesin order to qualify for medicaid assistance Mr Morrison also reported 1353welfare cases terminated last yearMr Morrison expressed gratitude to the Board of Commissioners for theirsupportThe Board of Commissioners and Mr Morrison briefly discussed the problem ofhow to deal with juvenile delinquents when parents cannot seem to manage a, child,,Mr Morrison explained that the courts are faced with parents saying they can nolonger manage the child, the courts have been sending the juvenile to trainingschools, they can no longer do this Ken Windley, County Planner, reported byletter he had recently attended the Statewide Conference on Planning CommunityBased Program for Status Offenders and the conference covered various ways in whichcounties are handling status offenders such as volunteer programs, specializedfoster care, group home shelter care or alternatives in school Mr Morrison toldthe Board he could get 100 financing of a group home for the first year, but notknowing the extent of the problem, he had rather not, he would much perfer special -ized foster care Mr Windley, being present at this time, emphasized that manyseemed to be getting away from group homes and going to specialized foster care392January 3, 1978 Cont10 Property Foreclosure - Rachael HaywoodiMr Jackson advised he had received a letter from James B Ethridge,Attorne ,representing Pernell G Wilder of Wilsons Mills Mr Jackson explained thatproperty of Rachael Haywood was foreclosed for taxes and purchased by the countyj File # 77CVD 0106 - Tax Foreclosure Sale and further that Mr Wilder is a relativeof Rachael Haywood and wants to purchase this property from the countyThe Board discussed this matter and stated they would like to know moreabout the condition and desire of Rachael Haywood before disposing of this property11 Tax AttorneyHarper Godwin, Tax Collector, by letter, requested the Board of Commissionerto consider the appointment of a Tax Attorney Since the death of Miss Rhetta Martithere has been no replacement appointed as Tax Attorney Mr Godwin recommendedAndy Holland, Jr and Robert A Spence, Sr, for the Boards considerationICommissioner Booker asked if any other attorneys are interested and whatwould the cost be to the countyAfter discussing this matter, the Board decided todefer any action andrequested more detail information on who is interested and the basis for chargesby the Tax Attorney12 Insulation Inspector for Princeton and KenlyAfter discussion, Commissioner J E Rogerson moved that the CountyInsulation Inspector be allowed to make inspections within the town limits for theTown of Princeton and the Town of Kenly at a nominal annual fee of 50Commissioner Frank B Holding seconded the motion which was carriedunanimously13 County Soil Survey ReportJohn Austin, Chairman, Bobby Stephenson, D Ermit Stancil and Carl Bagley,members, Johnston Soil and Water Conservation District Board, along with BillHarrell, Supervisor, and Dan Bliley, Soil Scientist, U S Soil Conservation Servicemet with the Board to give a report on the County Soil Survey progressMr Bliley reported that about 36 percent 188,000 acres of JohnstonCountys soils have been surveyed and mapped and also reported the 1978 goal is tocomplete soil mapping for another 49,000 acres Mr Bliley also advised the Boardthey had furnished soil information for Community Planning projects, subdivisionsand 201 studies14 Secondary Road # 1108The Board was petitioned by residents of Secondary Road # 1108 priority# 27 Banner Township These residents requesting assistance from the Board ofCommissioners to help get the road pavedAfter discussion, Commissioner Howard Benton moved that the residents ofS R # 1108 forward a new petition to the North Carolina Department of Transport-ation for consideration Commissioner Benton further moved that the Department ofTransportation be notified to properly maintain this road in the meantimeCommissioner Frank B Holding seconded the motion which was carriedunanimously15 Secondary Road # 2544Robert Kemple,resident of Secondary Road # 2544, met with the Board in-quiring about the paving status of this road The Board advised Mr Kemple that thepriority number is 10, however, they would contact the Department of Transportationand request an estimated construction date16 Tax Relief - H B Jernigan - Selma TownshipH B Buddy Jernigan of Selma met with the Board requesting tax reliefon a house in Selma that he owns Mr Jernigan explained the house and lot wasvalued at 4810, and further the house needs to be torn down, but the person hebought the house from does not want him to tear it down until it is paid for TheBoard asked the Tax Supervisor and Tax Appraiser to take a look at this property anreport back to the BoardPiI f4iJanuary 3, 1978 Cont17 Tax Relief - Charlie Edwards - Selma TownshiPeggy Wilson, Johnston County Community Action, appeared before the Boardof Commissioners, on behalf of Charlie Edwards of Selma Mrs Wilson explainedshe was seeking a reduction in the property tax valuation on Mr Edwards propertyin Selma Township It was explained that Mr Edwards owns a tract of land dividedby a path of approximately one -half acre total; on one side of the path is thehomesite where Mr Edwards lives valued at 1,200 house and lot and on the otherside of the path are seven small houses and land valued at 3,000 Mrs Wilsonstated that she had Al Brown, Real Estate Agent, appraise the property and he hadreported according to his inspection and analysis, the fair market value of thehomesite consisting of 057 of an acre of land and one house, in very poor conditioat 1,500 and property located across the path consisting of 7 of an acre andseven small houses of little value at 550 Mrs Wilson further explained thatMr Edwards is in need of medicaid benefits and can not be certified with thevaluation that is now on the tax books Mrs Wilson indicated that it was herinterest to get the property valued at a fair market value and to assist MrEdwards in his attempt to receive medicaid benefits and food stampsThe Board talked with Johnnie Stott, Tax Supervisor, and Mr Stott advisedhe had visited the property site and the houses are in poor condition The Boardin further discussion advised Mrs Wilson to contact Colonel Collings, Manager,Town of Selma, to see if he could help Mr Edwards in any way, and suggested thatmaybe the houses could be torn down since they are of such little value, this wouldreduce the tax value on this 7 of an acre tract of land owned by Mr EdwardsThe Board took no further action on this matter at this time18 Airport Lighting Agreement - ResolutionJimmy Flowers, Chairman, Johnston County Airport Authority, and Tom Moore,Engineer, Ragsdale Engineers, met with the Board of Commissioners requesting thatthe County of Johnston enter into an agreement with the United States of Americaacting through the Federal Aviation AdministrationUpon a motion by Commissioner Frank B Holding, duly seconded by CommissionerJohn M Booker and carried unanimously, it was moved that Norman C Denning,Chairman, be authorized to execute the following Airport Lighting Agreement;AIRPORT LIGHTING AGREEMENTThis Agreement made and entered into this 6th day of December, 1977, by andbetween the United States of America acting by and through the Federal AviationAdministration hereinafter referred to as FAA and the County of Johnston, here-inafter referred to as OwnerWITNESS THATWHEREAS, the Owner is the owner of the Johnston County Airport at Smithfield,North Carolina; andWHEREAS, the FAA is about to issue a Grant Offer under the Federal AirportAct for installation of certain lighting facilities at said airport; which GrantOffer, upon acceptance by the Owner, shall constitute a Grant Agreement; andWHEREAS, Part 152101 of the Federal Aviation Regulation requires theexecution of this Agreement prior to the issuance of said Grant Offer, andWHEREAS, the Owner has been advised and acknowledges awareness of the costof operation and maintenance of the lighting system at the airport; andWHEREAS, the Owner has received copies of the FAA Advisory Circulars listedbelow and which Circulars provide guidance as applicable in the maintenance andoperation of airport lighting systems and which Advisory Circulars are incorporatedherein and made a part hereof by this reference;1 AC 1505340 -182 AC 1505340 -213 AC 1505340 -244 AC 1505340 -25NOW THEREFORE, FOR ANDand the participation by thein said Grant Offer;Taxiway Guidance Sign SystemAirport Miscellaneous Lighting Visual AidsRunway and Taxiway Edge Lighting SystemVisual Approach Slope Indicator VASI SystemsIN CONSIDERATION of the issuance of said Grant OfferFAA in the cost of the lighting facilities includedThe Owner hereby agrees that upon completion of the installation of theairport lighting system included in said Grant Offer, it willtMJanuary 3, 1978 Cont1 Operate the clear and green beacon at said airport continuously duringall hours of darkness on each day of the year; and2 Operate the runway lighting systems at said airport continuously durinall hours of darkness on each day of the year; and3 Maintain said beacon and said airport lighting systems in good operating condition ;and in accordance with the applicable FAA AdvisoryCirculars listed above; and4 Promptly issue a NOTAM of any outages or malfunctions of the airportlighting systems and of the restoration thereof to service; and5 Maintain and operate the Visual Approach Slope Indicator in accordancewith applicable FAA requirementsIN WITNESS WHEREOF the Owner has caused this Agreement to be duly executedin its name this 3rd day of January, 1978Norman C Denning, ChairmanTitle19 Airport Grant Agreement - ResolutionThe following Resolution was introduced by Commissioner Howard Benton,seconded by Commissioner John M Booker read in full, considered and adoptedRESOLUTION AUTHORIZING, ADOPTING, APPROVING, ACCEPTING AND RATIFYING THEEXECUTION OF GRANT AGREEMENT FOR PROJECT NO 5 -37- 0068 -03 BETWEEN THE UNITEDSTATES OF AMERICA AND the County of Johnston, North CarolinaBE IT RESOLVED, by the Board of Commissioners of the County of Johnston,North CarolinaSECTION 1 That said Board of Commissioners hereby authorizes, adopts,approves, accepts and ratifies the execution of Grant Agreement between the FederalAviation Administration on behalf of the United States of America and the Countyof Johnston, North CarolinaSECTION 2 That the execution of said Grant Agreement in quadruplicateon behalf of said County of Johnston, North Carolina by Norman C Denning, Chairmanand the impression of the official seal of the County of Johnston and the attest-ation of said execution by Eleanor N Creech, Clerk, is hereby authorized, adopted,approved, accepted and ratifiedSECTION 3 That the County Administrator is hereby authorized to executepayment requests under this Grant Agreement on behalf of said County of Johnston,North CarolinaSECTION 4 That the Grant Agreement referred to hereinabove shall beattached hereto and made a part of this Resolution as though it were fully copiedhereinCommissioner Frank B Holding left the meeting at this time 33520 Subdivision Problem - Sanderford SubdivisionElwood Mitchell, Building Contractor, along with Ken Windley, County Planne ,met with the Board of Commissioners regarding Sanderford Subdivision off SR #1551Mr Mitchell told the Board he had purchased lots from Lonnie Sanderfordand Mr Sanderford is not meeting the requirements of the County SubdivisionOrdinance in maintaining dirt streets within the subdivision Mr Mitchell toldthe Board this is presenting a real problem and will certainly be a problem in thefuture if these streets are not maintained according to the County Subdivisionrequirements Mr Mitchell asked the Board to be more cautious in the future inapproving subdivisions to try and avoid similar problemsKen Windley, County Planner, told the Board of Commissioners that MrSanderford had failed to cooperate with Mr Mitchell in an effort to solve thismatterThe Board thanked Mr Mitchell for his adviceRrIr ;IJaunary 3, 1978 Cont21 Median Cross - Over Request on Highway U,S 7O WestHarvey Casey, President, Neuse Production Credit Association and RobertEdwards, President, Federal Land Bank Association, met with the Board requestingtheir support in seeking a median cross -over in frontof the associations newoffice building on US Highway 70 west approximately one mile from SmithfieldMr Casey and Mr Edwards emphasized that traffic is very heavy to and from theirbuildingCommissioner J E Rogerson moved that the North Carolina Department ofTransportation be requested to construct a median cross -over on US Highway 70approximately one mile west of Smithfield to be located in front of the NeuseProduction Credit Associations and Federal Land Banks new facilityCommissioner Howard Benton seconded the motion which was carriedunanimously22 Resolution - Construction New Aeration Basin - Treatment PlantUpon a motion by Commissioner Howard Benton, duly seconded by CommissionerJ E,Rogerson and carried unanimously, the following resolution was adoptedRESOLUTIONWHEREAS, the Johnston County Board of Commissioners is administering theSmithfield -Selma 201 Area Regional Wastewater Facilities project, has received EPAand State grants for construction of the facilities, and now has construction ofthe facilities underway, andWHEREAS, on November 12, one of the two existing aeration basins basin no2 at the treatment plant in Smithfield suffered structural damage rendering thebasin inoperable, andWHEREAS, the wall common to the two aeration basins was determined to beunsafe and had to be temporarily supported for operation of aeration basin no 1,andWHEREAS, due to the failure of the basin, the plant cannot function up tocapacity and provide full secondary treatment of the wastewater, resulting in awater quality emergencyNOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THECOUNTY OF JOHNSTONThat due to the impending water quality emergency, responsible action betaken to restore the wastewater treatment to its former level as soon aspossible and before the possible occurrence of low river flow in latespring and early summer of 1978, and accordingly,That safe, functional aeration facilities be constructed which can beconstructed in the shortest period of time, which will adequately servethroughout the 20 year life of the regional plant, and which will resultin the lowest change to the on -going construction contractsThat the facilities required to meet the foregoing criteria consist ofrehabilitation of aeration basin no 1, construction of a new two -cellaeration basin, and abandoning aeration basin no 2That the US Environmental Protection Agency and the State of NorthCarolina be requested to participate through on -going grant programs in thecost of the temporary support system for aeration basin no 1, the requiredcleanup and demolition in the area of aeration basin no 2, and constructioof the new aeration facilitiesThat any monetary damages realized from parties liable in the failure ofaeration basin no 2 shall be proportionately reimbursed to the USTreasury and the State of North CarolinaAdopted this the 3rd day of January, 1978, at Smithfield, North CarolinaNorman C DenningChairman, Johnston County Board ofCommissioners396iJanuary 3, 1978 Cont23 Tax Afterlist ReportJohnnie Stott, Tax Supervisor, reported on the afterlist for the month ofDecember in the amount of 6,085,340 which amount to 69,23434 which covers taxreceipts # 33,326 through # 34,178, making a total afterlist value of 13,946,214,total tax 153,1375524 Tax Refunds and ReleasesJohnnie Stott, Tax Supervisor, presented the following requests for refundsand releases for the month of December, 1977, for the Boards action1 J H White - Port Oil Company of Charleston, South Carolina requestsrelief from late listing penalty due to misunderstanding of N C TaxLaws He understood that when the license tags were bought that thetaxes were included Mr White had not listed taxes for years 1972through 1977 Late listing penalty amounted to 1,10296 Mr Whitehas paid the base tax of 3,70390Recommendation Since there has been no listing for 6 years, I feelthat this does not warrant reliefThe Board did not grant this release127512 Mr C A Byrd, Jr requests release from late listing penalty ofdue to misunderstanding of time of listing inventory Mr Byrdsfiscal year ends in Jjly and he listed inventory as of January 1When we audited his income tax records, there was a difference ofapproximately 32,000 for 1975 and 1976 Total tax and penaltyamounted to 78282 of which MrByrd asks for relief of 12751 whichwould leave him a balance due of 65531 which he is willing to payRecommendation NoneThe Board granted Mr Byrds request3 Ms Karen Ruth Kern of Greensboro requests a refund of 4224 on thevaluation of a mobile home which was listed in Guilford County whichis her address She only owns one lot in Johnston CountyRecommendation That refund be grantedThe Board granted the above item # 3 requestz refund of 42,24,4 Mr W T Webb requests refund of 1051 which is late listing penaltywhich was assessed on one piece of property out of five The otherfour tax listing forms were received in our office on time but forsome reason, one form was received with a February 7 postmark and wasassessed the late listing penalty1977 listing period ended February 4 Mr Webb contends that he didnot mail this one separate from the rest and insists that the 1051be refunded His entire tax bill has been paid to avoid possibilitiesof late payment penaltiesRecommendation These tax forms are stamped on the date received andthere is no-explanation as to why the forms came in at different timesother than postmarkRecommend no release of penaltyThe Board granted the above refund request of 1051 to Mr Webb5 Willis W Beasley - Route # 4 - Benson, N C, request refund of2016 late listing penalty Mr Beasley states that he went to taxlister and tax lister told him that he would get one He waited andgot no form and when he got around to it, listing period was over andhe was charged late penaltyThe Board granted the refund of 2016 for Mr Willis W BeasleyC6 Celesta Wood Beasley, Route # 4, Box 286, Benson, N C Refund of303, same request as Mr BeasleyThe Board granted the refund of 303 for Celesta Wood Beasley7 Billy Franklin Hodge, Route 2 Box 300B, Kenly, N C, request refundof 3395 Mr Hodge listed a 1976 Dodge which should have not beenlisted This vehicle was purchased January 6, 1977, from HyattChryslerRecommendation That refund be grantedThe Board granted the refund of 3395 for Billy Franklin Hodgedl? r,4January 3, 1978,Cont8 Minshew Funeral Home, Inc, Box 605, Four Oaks, N C, request refundof 4937 for late listing penalty Assessed for 1977 was postmarkedFebruary 8, 1977 Accountant did not return form in timeRecommendation These tax forms are stamped on the date receivedand there is no explanation as to why the forms came in at differenttimes other than postmark Recommend no release of penaltyThe Board did not grant the above release request25 Tax Listing Extension for BusinessestheJohnnie Stott, Tax Supervisor, explained to the Board they have option toallow the Tax Supervisor the authority to grant tax listing extensionAfter discussion, Commissioner Howard Benton moved that Johnnie Stott, TaxSupervisor, be authorized to grant a tax listing extension for businesses to listpersonal property should he determine it would work a hardship for them to meetthe tax listing deadlineII Commissioner John M Booker seconded the motion which was carriedunanimously26 Secondary Road # 2163 - MaintenanceThe Board instructed the Clerk to write the North Carolina Department ofTransportation seeking maintenance on Secondary Road # 216327 Grant for Communications Recorder - Sheriffs DepartmentCommissioner John M Booker moved the Johnston County Sheriffs Departmentbe authorized to file an application in the form prescribed by the Law and OrderSection, North Carolina Department of Natural and Economic Resources, for a sub -grant entitled Communications Recorder in the amount of 9,000 federal fundsthe applicant shall provide a local cash matching contribution in the amount of500, with the State providing 500Commissioner J E Rogerson seconded the motion which was carriedunanimously28 Grant for Drug Investigator - Sheriffs DepartmentCommissioner John M Booker moved the Johnston County Sheriffs Departmentbe authorized to file an application in the form prescribed by the Law and OrderSection, North Carolina Department of Natural and Economic Resources, for a sub -grant entitled Drug Investigator in the amount of 19,67040 federal funds theapplicant shall provide a local cash matching contribution in the amount of1,09280, with the State providing 1,09280Commissioner Howard Benton seconded the motion which was carriedunanimously29 Budget Amendment Health DepartmentCommissioner J E Rogerson moved that the Health Department Budget 77 -78be amended as followsAdd to the following line itemsRevenueMaternal Child Health 1,57100ExpendituresSalaries 2,54400FICA 4700Retirement 2200Subtract from the following line itemsExpendituresHospitalization Insurance 30000Unemployment Insurance 2700Supplies 30000Travel 41500School Health BudgetAdd Revenue 6000ExpenditureMedical Supplies 6000398January 3, 1978 ContFamily Planning BudgetAdd Retirement 1,50000Social Security 2,14500Hospitalization Insurance 60000Unemployment 9200Medical Educational Supplies 2,40800Subtract Salaries 6,74500This will cause no increase in revenuesCommissioner John M Booker seconded the motion which was carriedunanimously30 Budget Amendment - Mental Health DepartmentCommissioner J E Rogerson moved that the Mental Health Department Budget77 -78 be amended as followsBudget Revision # 2 ExpendituresIncrease 4,024Decrease 2,974RevenuesIncrease 1,050Budget Revision # 3 ExpendituresIncrease48,947RevenuesIncrease48,947Commissioner John M Booker seconded themotion which wascarriedunanimously31 Budget Amendment - Department of SocialServicesCommissioner Howard Benton moved that theDepartment of Social Servicesbudget be amended as followsFrom Abortions 19,000to, Salaries19,000From Food Stamp 5,000to Abortions 5,000To IV D 7,000Travel 5,000TransportationLease fees 7,700Gasoline 12,000Maintenance 7,000Bus Insurance 3,000Travel 300From Child Day Care42,000Commissioner J E Rogerson seconded themotion which wascarriedunanimously32 Mental Health Board VacancyKramer Jackson, County Administrator, advised the Board ofa vacancy onthe Area Mental Health Board due to the resignation of M W Stancil,ChairmanThe Board deferred action on this matterat this timeiIIciI33January 3, 1978 ContContract - County of Johnston —Town of Clayton - Waste Disposal Facilityto Serve Cutter LaboratoriesUpon a motion by Commissioner J E Rogerson, duly seconded by CommissionerHoward Benton and carried unanimously, the following contract was acceptedTHIS CONTRACT made and entered into this 3 day of January, 1978, by andbetween the COUNTY OF JOHNSTON, party of the first part; and the TOWN OF CLAYTON,party of the second part;WITNESSETHThat whereas the Town of Clayton has need of the sum of 10,000 from partyof the first part for the construction of a sewage and waste disposal facility toserve Cutter Laboratories which plans to expand a multi - million dollar plant atClayton; and whereas the party of the first part is willing to advance to party ofthe second part said sum of 1- 0 -,0Oa to assure the construction of said sewage andwaste disposal facility for Cutter Laboratories; and whereas the party of the firstpart considers it in the best interests of both parties and its citizens to makesaid advance to said party of the second part;NOW, THEREFORE, in consideration of TEN DOLLARS, receipt of which is herebyacknowledged, party of the first part does advance and lend to party of the secondpart the sum of 10,000 for said auxiliary sewage treatment unit facilities for partof the second part under the following terms and conditions1 Party of the second part will pay party of the first part sixty percent of the monthly bill sent by party of the second part to CutterLaboratories for sewage and waste disposal charges incurred throughusage of the additional 10,000 gallon capacity until such time asparty of the first part recoups and is paid the full sum of 10,000by party of the second part, or until such time as said sewagetreatment unit is salvaged and disposed of2 In the event said sewage treatment unit is sold, and if the full sumof 10,000 has not been paid by party of the second part to party ofthe first part, the proceeds therefrom shall first be applied to theunpaid balance of the aforesaid sum of 10,000 If there are anyadditional funds left from the sale of said sewage treatment unit byparty of the second part after all of the aforesaid sum of 10,000is paid, the remaining proceeds shall be the property of party of thesecond partIN TESTIMONY WHEREOF said party of the first part has caused thisinstrument to be executed in its name by its duly authorized officers, and saidparty of the second part has caused this instrument to be executed in its name byits duly authorized officers, on the day and year first above writtenTHE COUNTY OF JOHNSTONBY Norman C DenninChairman, Board of Commissionersof Johnston CountyATTESTEleanor N CreechSecretaryTHE TOWN OF CLAYTONBYMayorATTESTTown ClerkUpon 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