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

March 6, 1978 - Regular1 9Fit widthMarch 6 1978The Johnston County Board of Commissioners met in regular session in theCommissioners Room of the Johnston County Courthouse, Smithfield, North Carolina,Monday, March 6, 1978, at 10 oclock am, with the following members presentNorman C Denning, Chairman, Frank B Holding, Vice Chairman, HowardBenton, J E Rogerson and John M Booker, DVMMembers Absent NoneThe Chairman called the meeting to order and the following business wastransacted1 Minutes - Correctionsa Commissioner John M Booker called to the attention of the board thatthe minutes of February 6, 1978, item # 32, page 412, in the last paragraph wereit reads, this report is , should be corrected to read, these reports are b Kramer Jackson, County Administrator, at this time, also advised theBoard that George Brannan, Graham Hinnant and Dr Norman B Grantham, Jr, appointeto the Johnston County Airport Authority, February 6, 1978, meeting, item # 7, page404, should be appointed for four year terms, expiring February 7, 1982Commissioner J E Rogerson moved that the minutes be corrected as statedin items a and b and approved as correctedCommissioner John M Booker seconded the motion which was carriedunanimously2 Pi -Le Fire District - Extended BoundariesUpon a motion by Commissioner John M Booker, duly seconded by CommissionHoward Benton and carried unanimously, the following resolution was adoptedRESOLUTION DESIGNATING AMENDED BOUNDARIES OF THE PI -LE FIRE DISTRICTWHEREAS, the matter of fixing and declaring the amended boundaries of thePi -Le Fire District was duly presented,AND WHEREAS, it appears that the Pi--Le Fire District has complied withminimum requirements, as contained in resolution adopted by the Board ofCommissioners on October 3, 1955, pertaining to the establishment of Fire Departmenand Fire Districts in Johnston County,422March 6, 1978 ContAND WHEREAS, the enlargement of its fire district has met the approval ofthe North Carolina Fire Insurance Rating Bureau,NOW THEREFORE, be it resolved that the boundaries of the Pi -Le FireDistrict to be served by the Pine Level Fire Department be amended and officiallydesignated and fixed as followsBEGINNING at a point 1 at the intersection of I -95 and SR 2137; thenceto a point 2 on SR 1001, 01 mile northeast of its intersection with SR 2363,thence southeasterly to a point 3 at the intersection of SR 2363 and SR 2366;thence southeasterly to a point 4 at the intersection of SR 2364 and SR 2365,excluding property on SR 2365; thence southeasterly to a point 5 on SR 2320,07 mile east of its intersection with SR 2364; thence southwesterly to a point6 on SR 2321, 14 mile east of its intersection with SR 2322; thence south-westerly to a point 7 on SR 2323, 08 mile east of its intersection with SR 2322;thence southwesterly to a point 8 on US 70 -A at its intersection with SR 2141;thence southwesterly to a point 9 at the intersection of SR 2313 and US 70;thence southeasterly along US 70 to point 10 at its intersection with SR 2521;thence westerly to point 11 at the intersection of SR 2313 and SR 2519; thencewesterly to a point 12 on SR 2310 at Massey Branch; thence westerly to point13 at the intersection of SR 2309 and SR 2516; thence westerly to point 14on SR 2513 at its intersection with SR 2512; thence northwesterly to point 15 onSR 2509, 05 mile south of its intersection with US 70; thence northwesterly topoint 16 on US 70, 04 mile west of its intersection with SR 2375; thencenorthwesterly to point 17 on SR 2301, 12 mile southwest of its intersectionwith SR 2375; thence northwesterly to point 18 on I -95, 12 mile southwest ofits intersection with US 70 -A; thence northwesterly along 1 -95 to the point ofbeginning All property within the city limits of Pine,-,Level, North Carolina ishereby excluded3 Pleasant Grove Community Building - Financial ReportCommissioner Howard Benton moved that the following financial report forthe Pleasant Grove Community Building be accepted and recordedFebruary 28, 1978Pleasant Grove Community Building, Financial Report for year 1977Balance brought forward 1,03940Amount taken in 58450Amount paid out 27424Balance on Hand1,34966Lynn F StephensonGeorge H CarrollShaw T FishCommissioner John M Booker seconded the motion which was carriedunanimously4 ReportsThe following reports were filed withRagsdale EngineersBruce WoodardKramer JacksonMarie CreechBobby CorbettRubert C BarbourKen WindleyHarper GodwinKramer Jacksonthe Board201 Wastewater ProjectAgriculture Extension1978 -79 Request forCapital Outlay Buildingsand SpaceVeterans Service OfficeElectrical InspectorDog WardenBuilding PermitsTax CollectorFinancial Report FebExpenditures Feb5 Recreation Grant Request - Wade H Atkinson Memorial Library andCommunity BuildingMr J Herman Brown, Chairman, Wade H Atkinson Memorial Library andCommunity Building, Board of Trustees, and J B Batten, member, met with theBoard requesting recreation funds for the Wade H Atkinson Memorial Library andCommunity Building at Corbett- Hatcher Mr Brown submitted a letter andapplication with this request The Board reviewed this application with MrBrown, and asked Mr Jackson, County Administrator, about funds available inthis account of the budget Mr Jackson advised that all revenue sharing moneyappropriated for recreation had been committed, but hot-spent{1iiMarch 6, 1978 ContAfter discussion, Commissioner Howard Benton moved that the Wade H,Atkinson Memorial Library and Community Building at Corbett Hatcher be grantedrecreation funds in the amount of 1,080 as requested,Commissioner Frank B Holding seconded the motion which was carriedunanimously6 Secondary Road # 1358 - PetitionProperty owners on Secondary Road # 1358 presented a petition for pavingof this road in Banner TownshipCommissioner Howard Benton moved that this petition be approved andforwarded to the North Carolina Department of Transportation, Division of Highways,Wilson, North Carolina, for considerationCommissioner Frank B Holding seconded the motion which was carriedunanimously7 Budget Revisions - Health DepartmentCommissioner Frank B Holding moved that the following budget revisionsbe approvedHEALTH DEPARTMENTClinic Service ProjectAddSalaries 1,032FICA 60Retirement 71Unemployment Ins 2SubtractSupplies 1,165T B ProjectAdd to Revenue line itemTuberculosisControl Project 3,767Add to Expenditure line itemSalary 3,767Title XX ProjectAdd to the Revenue line itemTitle XX Project 1952Add to expenditure line itemSalaries 1,728FICA 101Retirement 119Unemployment 4Commissioner J E Rogerson seconded the motion which was carriedunanimously8 Archer Lodge Fire House Used for Tax ListiCommissioner Howard Benton moved that the Archer Lodge Fire Department bepaid 5000 for the use of the fire station for listing taxes in Wilders TownshipCommissioner J E Rogerson seconded the motion which was carriedunanimously9 North Carolina Arts Council - Grant FundsKramer Jackson, County Administrator, told the Board he had been advisedby letter that grant funds from the North Carolina Arts Council are available ifsome organization will applyCommissioner Frank B Holding suggested that Mr Jackson forward thisinformation on to the Johnston County Arts Council,10 Jail Mattresses and LinenKramer Jackson, County Administrator, advised the Board he had receivedbids from several companies that could furnish the county with flame ratardantmattresses that are approved and recommended by the State Detention Services Mr,Jackson gave prices of 2080, 2282, 2820, 3033, 31,20 and 36,50 per mattressAfter discussion, Commissioner Frank B, Holding moved that Kramer Jackson,County Administrator, be instructed to purchase flame retardant mattresses andlinens for the jail, not necessarily at the lowest bid price Commissioner Holdini424March 6, 1978 Contfurther moved that funds for this expenditure be transferred from the SheriffsDepartment Budget line item, Automobile Purchase 10510741 to the Jail Budgetline item 1052074 -Commissioner J E Rogerson seconded the motion which was carriedunanimously11 Aeration Wall Failure Agreement — Ragsdale EngineersKramer Jackson, County Administrator, brought to the attention of theBoard that Ragsdale Engineers is requesting the Commissioners to sign an agreementwherein Ragsdale Engineers disclaims a guarantee on the existing wastewater basinand additions theretoThe Board discussed this matter with Mr Jackson and Tim Broome of RagsdalEngineers, and did not agree that the County of Johnston should assume all theresponsibility in this matter and further emphasized if any agreement is to besigned the towns involved will have to be satisfied12 Civil Rights Assurances FormKramer Jackson, County Administrator, advised the Board he had learnedfrom the Institute of Government that some cities and counties had been requiredto return revenue sharing funds because of Civil Rights default and asked theBoard to adopt a Civil Rights Assurances Form to accompany all revenue sharingrecreation grantsUpon a motion by Commissioner Howard Benton,,duly seconded by CommissionerFrank B Holding and carried unanimously, the following form was adoptedCIVIL RIGHTS ASSURANCESJohnston County Revenue Sharing FundsAssurances to be executed by authorized representative prior to receivingfunds from the County of Johnstonhereinafter called the granteeame of GranteeHereby agrees that any property purchased with county funds or any programsponsored with county funds will be available to all citizens of Johnston Countyat reasonable times to the end that no person within the county shall on theground of race, color, national origin, or sex, or that no otherwise qualifiedhandicapped person shall solely by reason of the handicap, be excluded fromparticipation in, be denied the benefits of, or be subjected to discriminationunder any program or activity for which the grantee received countyfundsThe grantee hereby gives assurances that it-will immediately take anymeasure necessary to effectuate this agreementDateGranteeBySignature of Authorized OfficialMailing Address13 Salary Increases Tentatively Set for County Employees — 1978 -1979 BudgetKramer Jackson, County Administrator, asked the Board of Commissioners toconsider setting and adopting a percentage of salary increases for county employeeEfor the 1978 -1979 fiscal year Mr Jackson explained that making this decisionnow would help the department heads and himself in preparing a more accuratebudget for the boards consideration at budget time Mr Jackson recommended a5 cost -of- living increase for all county employees, and another 2 to thedepartment heads to be granted according to employee merit Mr Jackson furthercommented that a 7 on an average increase seemed fair, with a minimum of 5 Chairman Denning stated employees that are good enough to be on thepayroll need a little help yearly, all need something, and those doing a goodjob need a little something else I think everyone should get 5 ChairmanDenning asked Mr Jackson if he recommended a maximum of 10 and Mr Jacksonreplied that he didI jF?f-IJIMarch 6, 1978 ContAfter discussion, the Board of Commissioners accepted Mr Jacksonsrecommendation and agreed to increase salaries based on the following formula;all employees to be given a 5 cost -of- living increase, 20 of total salary lineitem to be used to award employees merit raises based on job responsibility andwork performance The salary increase for no individual shall exceed 10 14 Ancie Edwards_- Car RepairAncie Edwards of Selma had claimed that the water line construction androad conditions had caused her to do damage to her car estimated at 233 MrsEdwards asked the Board of Commissioners to take full liability for this damageAfter discussion, the Board instructed Kramer Jackson, County Administratorto notify Mrs Edwards that this was not a liability of the county, but of theconstruction contractor and their insurance company,15 Tax Foreclosure - Attorney Fee ScheduleHarper Godwin, Tax Collector and Andy Holland, Tax Attorney, met with theBoard and presented a recommended fee schedule for the County Tax Attorney in TaxForeclosure Actions Mr Holland explained to the Board the legal requirementsand procedure of a tax foreclosure suit, and further explained that the lawrequires the Board of Commissioners to set a fee schedule for County Tax Attorneysto foreclose property by tax suits Mr Holland also advised the Board there mustbe a complete title search for all suits in order to give a good title AttorneyHolland indicated in his opinion the fees are reasonable and fair considering whathas to be doneCommissioner John M Booker asked if any fee schedules had been receivedfrom other county attorneys for comparison Attorney Holland replied that ethicalcodes do not allow competitive bidding of legal servicesCommissioner Howard Benton indicated he wanted taxpayers treated as fairas possible in this matterAfter discussion, Commissioner Howard Benton moved that the following feeschedule for the County Tax Attorney in Tax Foreclosure actions be adopted asfollows1 Letter Demanding Payment2 Preparation of Complaintincluding title search3 Sale of property at publicauction 50002000020000 plus fee, if any,allowed as Commissionerpursuant to 105 -374Recommended fee schedule for representation of Johnston County TaxCollector in advising, consultation and litigation4000 per hour billed in increments of one -tenth 01 hours based onactual time sheet billable monthly on forms Johnston County TaxCollector - Attorney Time and Services BillCommissioner J E Rogerson seconded the motion which was carried by thefollowing voteAye Commissioners Howard Benton, J E Rogerson, Frank B Holding andNorman C DenningNay Commissioner John M BookerAt this time, Attorney Holland made a recommendation that the Countysurvey and number each parcel of land in the county for mapping system of propertyownership16 Board of Elections RequestsLib Hoyle, Chairman, Johnston County Board of Elections, and Board MembersClovis Boykin and John D Johnson, met with the Board of Commissioners andpresented the following recommendations for consideration by the CountyCommissionersWe recommend the purchase of ten 10 additional voting machines, twoeach to be assigned to the following precincts; North Boon Hill, 1370; Pine Level,1087; West Banner, 1084; South Beulah, 1056; Pleasant Grove, 1024In the 1976 election, none of these precincts completed ballot countingbefore 1100 pm, some not before midnight In addition to precinct electionofficials these five precincts used 63 ballot counters who were paid 315,00,March 6, 1978 ContFollowing the 1977 election, officials of three precincts were called inby the Board of Elections for a hearing because of errors in counting paper ballotDue to the inadequancy of present office facilities, we strongly urge theremoval of the board office to adequate and more comfortable quarters and theacquisition of necessary office equipment The office must of necessity be in oradjacent to the courthouse because of the availability to the Finance Office forreceipting monies, copying papers and documents etc and to the Register of DeedsOffice to verify deaths and for that office to use our recordsAlthough the work of the board and its need for office facilities hasgreatly increased, the board has occupied the same 12 x 20 one -room office sincebefore 1964Although the State Board of Elections recommends that voter registrationrecords be kept in a fire -proof vault, only our master file cards are in a metalfiling cabinet Registration books are kept on open metal shelves and applicationcards are in cardboard file boxes on wooden shelvesThe only source of heat for the office is a plug -in electric heater Awindow air conditioner is located in an alcove in a rear corner and blows acrossthe rear of the office The roof in both rear corners leaks to the extent thatsections of ceiling and a section of wall panelling are sagging When MrsStallings moved boxes stored in one corner, she found toadstools growing from thefloor A fungus is growing on one wallImmediately prior to elections, boxes of official ballots are placed on thefloor in any space available Tables are set up in the hall and in the employeeslounge for temporary workers, and citizens coming in to register or for otherbusiness are frequently asked to stand in the hall and wait On days specifiedby law for board meetings, the board is attenping to hold meetings at the sametime The county administrators offer of the use of the grand jury room or thecommissioners room has proved unfeasible as both are too,far removed from theboard office and are often in use when needed -The board is currently using two one - drawer filing cabinets provided byMrs Stallings and a small table provided by Mrs Hoyle Two antiquated lettersize filing cabinets are being used to store deleted file cards, poll books,abstracts and precinct elections returns Extra ballot boxes and six 6additional large cardboard cartons containing deleted files are stored across thehall in a room assigned to the Tax Supervisor These records are supposed to bereadily available at all times The CETA worker- assigned to the board, who spendsmuch of her time typing, uses a six -foot folding table and a wooden arm chair,The board therefore makes the following specific requests;A multi -room office with adequate heating and cooling, to include areceptionist area with seating for visitors; a separate office for the supervisorof elections a conference room and a storage room that can be locked separatelyMinimum equipment needs are as follows; secretarys desk, stenographerschair, legal size filing cabinet with lock, documents filing cabinet, one sectionof filing cabinets for 10 38 x 3 78 cards, metal supplies cabinet, coat rack,and extension telephone with outlet jacksWe will greatly appreciate your affirmative action on these recommendation;Thank you very muchChairman, Elizabeth R HoyleSecretary, Clovis Boykin, JrMember, John D JohnsonMarch 6, 1978The Board after reviewing these recommendations advised Mrs, Hoyle andElection Board members they would take these requests under advisement, MrBoykin stated that office space in the basement is to inadequateChairman Denning at this time appointed John D Johnson, Lib Hoyle andCommissioner Howard Benton to a committee to get some information on votingmachines and report back to the Board on first Monday in April,Mr John D Johnson emphasized that he would like to recommend that thevoting machines be placed at the top of the list for consideration,Chairman Denning attending a funeral at 3 oclock; in the absence ofChairman Denning, Frank B Holding, Vice Chairman presidedIIIMarch 6, 1978 ,,font 17 Johnston County REACT - Request FundsMr Lisbon A Jones, President, Johnston County REACT, met with the Boardrequesting assistance in purchasing equipment radios, walkie- talkies, generatorneeded to equip a camper trailer for emergency situationsMr Jones explained that the Johnston County REACT Club monitors emergencycalls over Channel 9 of the citizens bank radio twenty -four 24_ hours a day andassist the law enforcement officers on various occasionsCommissioner Holding asked Mr Jackson to work with Mr Jones to see ifthe REACT Club could purchase some of this equipment through the Federal SurplusProperty Agency Mr Holding also advised MrJones that any further request forfunds would be taken up at budget making time18 Tax Refund - A O CreechMr A O Creech of Route 1, Zebulon, N C, met with the Board regardinga tax refund request for taxes paid on property that has been double listed forthe past 13 years Mr Creech and his son have been paying tax on the same tractof land since 1964 Mr Creech has already been refunded by the Tax Supervisorfor 1975, 1976 and 1977 taxes as allowed by law and approved by the Board ofCommissioners at the February board meeting Mr Creech is not satisfied withthe three 3 year refund and request that the total amount of overpayment of1,28169 be refundedAfter discussion, Commissioner J E Rogerson moved that Mr A O Creech,Route # 1, Zebulon, N C, be refunded in the amount of 1,28169 for taxes paidthat were double listed since 1964Commissioner Howard Benton seconded the motion which was carriedunanimously19 North Carolina Council on Status of WomenMs Frances Boan, with the North Carolina Council on Status of Women, metwith the Board requesting the Board to appoint a Steering Committee to makerecommendations for the appointments to a voluntary countyCouncil on Status of Women Ms Boan submitted a list of people who have indicateda willingness to serve on this committeeAfter discussion, Commissioner Howard Benton moved that the Countysponsor the Council on Status of Women and appoint the following named persons tothe County Steering CommitteeJohn Barefoot, Paul Keller,Pauline Sanders, Susan Lassiter, Louise Sewell, Shirley Milligen, DorothyJohnson, Lela Sloan, Ann Whitley, Alma Jones, Rosalyn Sweet, EleanorKeller; Task Force Members Lib Hoyle, Lois Langston and Helen Ray;Alma Jones indicated that she would act as chairman until this commiettewas organized according to Ms BoanCommissioner J E Rogerson seconded the motion which was carriedunanimously20 Tax Refunds and ReleasesJohnnie Stott, Tax Supervisor, presented the following request for refundsfor the month of February, 1978, for the Boards consideration;1 Ms Janet Leigh Evans - 313 George Street - Benson, N C, requestrefund on value of 1973 Pinto Tars, Evans was granted a refund of 233at the February meeting based on the difference of valuation of 1974Pinto and a 1973 Pinto Further investigation shows that the requestshould have been based on a refund due to a double listing rather than anerror in valuation Ms Evans should have paid 1977 taxes on a 1974 PintoStation Wagon only Her total tax bill would have been 2000 She haspaid 4406 Her request for refund is in the amount of 24,06, Ills EvanEhas been issued a refund check in the amount of 2,33 This leaves 21,73still due to Ms Evans Recommendation That refund be granted2 Mr Lloyd Thomas - Route 1 Box 18 - Four Oaks, N C, request refundof 1209 Should have not been charged The property is in the citylimits Mr Thomas has property inside and outside town and all propertywas charged in the fire district Recommendation That refund be granted3 Allie Moore, Sr, 409 Sumner Street, Selma, N C,, request refund for16592 Lot should have been listed to Albert Eason, This has beenbilled to Mr Eason in 1977, afterlist #33,595 Recommendation Thatrefund be granted,r 248March 6, 1978 Cont4 Theron Edwin Atkinson, Jr,7 Route lr 7ebulon, N, C6, Oneals Township,request refund on valuation of 8000 due to two bulk barns that weredouble listed Amount to be refunded is 7440 Recommendation Thatrefund be granted5 J M Gardner, Box 488, Smithfield, N C, Boon Hill Township, requestrefund of 3720 based on valuation of 4,000 Mr Gardner was billed forfour 4 bulk barns and only has three Recommendation That refund begranted6 Macs General Merchandise, Ottis and Shelton McLamb, Route 2, Dunn,N C, Banner Township, request refund on valuation of 58,277, due to adouble listing Mr McLamb listed a newly built store on his BusinessPersonal Property Form as lease hold improvements This was added to hisal estate improvements by our appraiser It is, in fact, real estater nprove nt{s?r? nce?; Ur, ,1IcLamb owns the tract of land on which the buildingwas construe ed Yefuiicf in the amount of 54198 Recommendation That}? refund be grantedAfter review of these requests with the Tax Supervisor, Commissioner JohnM Booker moved, based on Mr Stotts recommendations, the above tax refundrequests 1 -6 be grantedCommissioner Howard Benton seconded the motion which was carriedunanimously21 Board of Equalization and ReviewCommissioner Howard Benton moved that the Board of Commissioners sit asa Board of Equalization and Review on the first Monday in May 1978,Commissioner J E Rogerson seconded the motion which was carriedunanimously22 Tax Afterlist ReportJohnnie Stott, Tax Supervisor, reported on the afterlist for the month ofFebruary, 1978, in the amount of 136,831 valuation, which amounts to 1,68490,and covers tax receipts # 34,201 through 34,218, making a total afterlist valueof 14,214,230, total value and 156,24470 tax amount23 Subdivision - Ray WhitleyUpon the recommendation of Ken Windley, County Planner, Commissioner JohnM Booker moved that the Ray Whitley Subdivision in Oneals Township be approvedand that the Chairman be authorized to execute this subdivision platCommissioner J E Rogerson_,seconded the motion whichwas carriedunanimously24 Flood Damage Prevention Ordinance - AmendmentCommissioner Howard Benton moved that the following amendment to TheFlood Damage Prevention Ordinancebe adoptedARTICLE 4; SECTION EFlood - proofing requirements for Johnston County shall follow therequirements of the Flood- Proofing Regulations, Office of the Chief of Engineers,U S Army, Washington, DC, June, 1972Commissioner J E Rogerson seconded the motion which was carriedunanimously25 Electrical InspectorKen Windley, County Planner, recommended that the County ElectricalInspector be put on the county payroll as a regular employee beginning July 1,The County Electrical Inspector at this time works on a fee basis26 County Purchases Smithfield Savings and Loan Association BuildinKramer Jackson, County Administrator, advised the Board that Smithfield ASavings and Loan officials had indicated they are willing to negotiate with theBoard of Commissioners about the county purchasing their office building onSecond StreetThe Board in discussing this purchase indicated the additional officespace is needed plus the location of this property is adjacent to county ownedproperty;INIMarch 6, 1978-,-ContAfter further discussion, Commissioner Frank B, Holding moved that theCounty purchase the Smithfield Savings and Loan Building for 100,000 and askedKramer Jackson, County Administrator, to work out terms with Staton Boyette thatwill be mutually satisfactory; withA he idea of paying down 45,000 now, with thefinal payment in the next fiscal years budget by July 15, 1978, and upon deliveryof said deedCommissioner J, E Rogerson seconded the motion which was carriedunanimouslyUpon a motion by Commissioner John M Booker, duly seconded by CommissionerFrank B Holding and carried unanimously, the Board adjournedEleanor N Creech, Clerk