April 2, 1979 - 10:00 AM - County Board of Commissioners Meeting Minutes

April 2, 1979 - Regular1 13Fit width556Meeting of Board of Commissioners County of JohnstonApril 2, 1979The Johnston County Board of Commissioners met in regular session Monday,April 2, 1979, at 10 oclock am, in the Commissioners Room of the JohnstonCounty Courthouse, Smithfield, North Carolina, with the following members presentNorman C Denning, Chairman, Frank B Holding, Vice Chairman, J ERogerson, John M Booker, DVM,and James W CashMembers Absent NoneThe Chairman called the meeting to order and the following business wastransacted1 MinuteslThe board reviewed the minutes of the March 5th and March 22nd boardmeetingsCommissioner J E Rogerson moved that the minutes of the March 5th andMarch 22nd board meetings be approved as recordedCommissioner James W Cash seconded the motion which was carriedunanimously Mrs Ellen R Watson, teacher at Kenly Elementary School and a group ofsixty 8th graders toured the Courthouse and visited the Board of Commissionersin open session The Chairman and members welcomed Mrs, Watson and the studentsto the meeting The Chairman talked to the students for a few minutes aboutcounty government and its functions, and invited them to stay as long as theywould like2 Joseph R Overby - County to Secure LoanJoseph R Overby met with the board asking the county to secure a loan hehas applied for in the amount of 39,000 from Wachovia Bank and Trust Company,Raleigh, N C Back in December of 1978, the county purchased real estate fromJoseph R Overby and wife, Lois M Overby, at the corner of Johnston and SecondStreets for 85,000, with a down payment and installments due in January of 1979,1980 and 1981 Later, Mr Overby reported to the county attorney and the boardthat he had misplaced or lost the original installment note and asked the boardto issue a duplicate, which they agreed to do Mr Overby, at this meeting wasback before the board asking that the countys installment payment be made payableto Joseph R Overby and wife, Lois M Overby and Wachovia Bank and Trust CompanyThe bank in a letter to the County Attorney, asked the Board of Commissionerscounty for a general opinion that neither the note or Deed of Trust are indefault, that the Overbys have the authority to assign and endorse the note andassign the Deed of Trust, that both the note and Deed of Trust are valid, assign-able, enforceable according to their terms, and that the assignment itself isvalid and enforceable according to its terms The Board of Commissioners discussed this matter at length with Mr Overbyand Billy Britt, County Attorney, It was the opinion of the board that the notefrom the county should be collateral enough to secure the loan, however, theyadvised Mr Overby they would take his request under advisement3 ReportsThe following reports were filed with the Board Veterans, Dog Warden,Electrical and Agricultural Extension; and Pleasant Grove Community BuildingAnnual Finance ReportBalance Brought ForwardCash ReceiptsDisbursementsBalance on Hand 1,34966Ii70500 2,054661,70706 34760IGeorge H CarrollLynn C StephensonShaw T Fish4 Personnel Policies - AmendmentsKramer Jackson, County Administrator, proposed that certain changes inSection 12 of the County Personnel Policies be madeSection 12 Administrative Leave During periods in which the Administrator deems it advisable for an employee not to report to work, such as days inwhich adverse weather conditions make travel extremely hazardous, the affectedemployees may be granted an administrative leave of absence at full payChanged to In the event of adverse weather conditions, county officeswill remain open and the following policy for charging leave will apply Employeeswho are unable to get to work because of hazardous driving conditions will chargetime not worked to vacation or compensatory leave Where possible, they may begiven an opportunity to make up the hours lost from work at a time scheduled bytheir employing departmentIn the event hazardous conditions develop during the working day, employeeswho anticipate special problems in transportation should be permitted and encouragedto avail themselves of compensatory leave or annual leave privileges in order toleave early Where possible, such employees may be given an opportunity to make upsuch time rather than charge it to leaveCommissioner James W, Cash moved that Section 12 be amended and changed asproposed above by Mr JacksonCommissioner Frank B Holding seconded the motion which was carriedunanimouslyMr Jackson further proposed changes in Section 8Section 8 Holidays All employees shall receive full pay for the,followingholidays which shall be observed by all departmensNew Years Day, Easter Monday, Memorial Day, Independence Day, Labor Day,Veterans Day, Thanksgiving Day and Christmas Day, plus two 2 daysdesignated by the Board of CommissionersChanged to Section 4 Enumerated The following and such other days asthe Commissioners may designate are holidays with pay for all full -time and temporaremployees of the county When a holiday falls on a Saturday or a Sunday, Mondaywill be observed as a holidayNew Years Day, Easter Monday, Memorial Day, Independence Day, Labor Day,Veterans Day, Thanksgiving Day and Christmas DayWhen Christmas Falls onJohnston County ObservesSunday4Dec23 26- Fri MonMonday4Dec25 26- Mon TuesTuesday3Dec24,25,26 - Mon, Tues WedWednesday3Dec24,25,26 - Tues,Wed, ThurThursday5Dec24,25,26 - Wed,Thurs FriFriday4Dec24 25- Tours FriSaturday4Dec24 27- Fri MonCommissioner J E Rogerson moved that Section 8 be amended and changed asproposed above by Mr Jackson Section 8 to Section 4Commissioner Frank B Holding seconded the motion which was carriedunanimouslyThe Board of Commissioners also agreed that no county agency is to have aChristmas party prior to the beginning of the county Christmas holidays5 Rachael Haywood PropertyThe board again discussed the Rachael Haywood property Years ago thisproperty was foreclosed by the county for delinquent property taxes RachaelHaywood, at the time of her death, was living in a rest home The county for sometime has been working with Pernell Wilder, nephew of Rachael Haywood, trying to cometo some agreement for settlement and had agreed to allow Mr Wilder to pay the backtaxes and in turn the county would issue a Quit -Claim Deed to Mr Wilder for theproperty Since the death of Rachael Hayood the board has learned that WalterSanders had agreed to bury Ms Haywood with this property as collateral The boardhas learned today this matter has not been settled, Pernell Wilder has not paid thedelinquent property taxes and Walter Sanders has not been paid for the funeralexpenses Mr Sanders is only interested in the property to recover the funeralexpenses558April 2, 1979 ContinuedAfter much discussion, Commissioner Frank B Holding moved that the countygive a Quit -Claim deed to Pernell Wilder for the Rachael Haywood property providedthat the county delinquent taxes are paidCommissioner James W Cash seconded the motion which was carriedunanimouslyLater on during the day; Walter Sanders met with the board to discuss hisinterest in the Rachael Haywood property Mr Sanders explained that he hadburied Ms Haywood and he just wanted to be paid and felt that this property mightbe good for the funeral expenses Mr Sanders also explained that he had dis-cussed this with Pernell Wilder and thought everything was settled; so he had senta check to the Tax Collector to pay the back taxes on the property, however, theTax Collector felt that a settlement had not been made by the Board of Commissioneand did not accept the check from Mr Sanders Mr Sanders told the board he felthe could deal with Mr Wilder, if the county deeded the property to him by Quit-claimAfter further discussion, Commissioner Frank B Holding moved that hisprevious motion to deed the property to Pernell Wilder by Quit -Claim provided thedelinquent taxes were paid be rescindedCommissioner John W Booker seconded the motion which was carriedunanimouslyAfter this discussion, the Board of Commissioners asked the Tax Collector,the County Attorney and Mr Jackson to work with Walter Sanders on this matter andseek to reach some satisfactory conclusion of the Rachael Hayood property6 Porch -Lift for Handicapped at CourthouseKramer Jackson, County Administrator, told the board that he had requestedand received information on a mechanical device called a Porch - Lift This typelift can be installed at the courthouse to assist the handicapped wheel chairpatients in getting to the main floor of the courthouse Mr Jackson also toldthe board the lift had been approved by the State Department of LaborThe board asked Mr Jackson to investigate this device and report backto the board7 Secondary Road Petitions - 1912 and 2334Road petitions for paving of Secondary Roads # 1912 and 2334 were presenteto the Board of Commissioners for their considerationCommissioner Frank B Holding moved that the secondary road petitionsbe approved and mailed to the North Carolina Department of Transportation forconsiderationCommissioner John M Booker seconded the motion which was carriedunanimously8 Board Appointments - Johnston -Lee Community Action BoardCommissioner Frank B Holding moved that Levi Jones, Paul Keller andRobert Williams be reappointed to the Johnston -Lee Community Action Board ofDirectors for a one year term expiring June 1, 1980Commissioner John M Booker seconded the motion whichwas carriedunanimously9 Benson - InspectionsAs requested, Commissioner James W Cash moved that the Town of Bensonbe authorized to inspect and issue all permits ithin the one mile boundary ofits extra-__ territorialJurisdictionCommissioner J E Rogerson seconded the motion which was carriedunanimously10 Asphalt Plant - PrincetonKramer Jackson, County Administrator, told the board that BarrusConstruction Company had applied to-the North Carolina Department of NaturalResources and Community Development for approval to construct a Hot Mix AsphaltPlant to`be located at Princeton, North CarolinaThe board members commented that they-thought it would be good to havea Hot Mix Asphalt Plant in Johnston Countyr560April 2, 1979 Cont12 Smithfield Elementary School - LandscapingEleanor Keller, Co- Chairman, and members of the Steering Committee,Smithfield Elementary Landscaping Project, met with the board requesting theassistance of the Board of Commissioners on this project Mrs Keller explainedthe Smithfield Garden Club has initiated a community project to beautify theSmithfield Elementary School campus by engaging landscape architect John H Harristo design a plan Mrs Keller told the board they have invited other SmithfieldGarden Clubs and the Smithfield PTA to participate in this project The estimatedcost will be from 10,000 to 15,000, with hopes to complete the project withintwo years This committee asked the Board of Commissioners for 5;000 over a twoyear budget period and emphasized they would not request the money if it was notneededThe board discussed this project at length with Mrs Keller and thecommittee and agreed that the need is apparent, as at many other county schoolcampuses However, advised it would be difficult for the county to contributeunless they planned to make similar appropriations for the other county schoolsCommissioner Frank B Holding indicated the board members would like to beableto appropriate funds for all the schools and suggested that Mr Simpson becontacted and maybe some policy can be arranged that will benefit all the schoolsMr Jackson said that if the county gets additional CETA funds the countymight be able to provide some labor for the project13 Transportation Budget — Social ServicesBen Niblock, Director, Johnston County Department of Social Services, metwith the board and reported a cost analysis to operate the Transportation Programfor the next three months of April, May and June Mr Niblock reported the costat 27,41030, with the balance in the budget of 10,65950 and the agenciescontributing 6,95000, the need from the county will be approximately 9,800After discussion, Commissioner James W Cash moved that 10,400 be trans-ferred from the Public Assistance Fund budget to the Transportation Program of theDepartment of Social Services budgetCommissioner John M Booker seconded the motion which was carriedunanimously14 Federal Mandated Programs - ResolutionUpon a motion by Commissioner Frank B Holding, duly seconded byCommissioner J E Rogerson and carried unanimously, the Board of Commissionersinstructed Kramer Jackson, County Administrator, to write the Governor and membersof the State and United States General Assemblies the following letterThis is to express our deep concern over programs mandated by the Federaland State Governments which place a strained financial obligation on CountyGovernmentsOur board is constantly faced with increased taxation on the county levelto finance programs for which we have no authority The most recent being theSocial Services Medicaid Assistance ProgramOur board is now faced with increasing the Johnston County tax rate bysix percent just to finance this years medical assistance program Recent StateLegislation has changed the State formula in favor of State GovernmentWe have been informed that the medical assistance program in NorthCarolina is the third most liberal State program in the United States If thisinformation is correct, the State must assume responsibility for the unreasonableand unjust increase of Johnston County taxesThe counties can not continue to bear financial responsibility for mandateprograms for which County Governing Boards have no authorityI employ you to use your office to see that financial obligation for man-dated programs be, properly assigned to the level of government mandating theprograms4cApril 2, 1979 Cont15 Transportation Program - VansBen Niblock, Director, Department of Social Services, told the board he isworking on consolidating the bus routes and the services will be rendered Theboard also discussed the cost to the county of turning -in four of the transportationvans Tommy Williford and Rex Hartley, Pippin Motors, met with the board and dis-cussed the transportation system Mr Williford advised that Pippin Motors wouldrealize a loss of 2,200 per vehicle if the vans are turned -in, this means thecounty would have to pay Pippin Motors approximately 8,800 in penalties if theleased vehicles are turned back in to the dealerAfter discussion, the board members agreed that the vans should be sold atpublic auction and instructed Kramer Jackson, County Administrator, and TommyWilliford to work out the details for offering these vehicles for public sale16 Foster Home Children MonthUpon a motion by Commissioner Frank B Holding, duly seconded by CommissioneJohn M Booker and carried unanimously, the following resolution was adoptedPROCLAMATIONWHEREAS, both the National Action for Foster Children Committee and GovernorJames B Hunt, Jr have proclaimed the month of April as National Action for FosterChildren Month to call attention to the vital needs of foster children; andWHEREAS, there are 45 foster children in Johnston County who have had toleave their own home for various reasons; andWHEREAS, the Johnston County Department of Social Services and a dedicatedgroup of foster parents are providing these children with a temporary home duringtheir troubled times; andWHEREAS, many of these children have had to remain in foster care for toolong rather than being returned to their natural parents or released for adoption;andWHEREAS, there needs to be more concern and understanding of these childrenneeds on behalf of our entire citizenry if their plight is to be improved;THEREFORE, I proclaim the month of April, 1979,ACTION FOR FOSTER CHILDREN MONTHin Johnston County and commend the foster parents of our county for the outstandingjob they are doing in helping these children I call on all of the citizens ofJohnston County to become concerned and involved in helping these homeless childrenBy the Chairman of the Johnston CountyBoard of CommissionersNorman C Denning17 Social Services Budget - 1979 -1980Ben Niblock, Director, presented to the board the 1979 -1950 budget requestfor the Department of Social Services Mr Niblock reviewed the 1979- 80-budgetrequest and explained the various programs and the requested budget appropriationsMr Niblock told the board the total county appropriation for 1979 -80 is 1,213,049this represents an increase of 294,646 over the 1978 -79 budget The director alsoadvised the board the county share of the 1979 -80 Medicaid cost will be 474,23q,andthe total Medicaid cost will be 6,794,670The Board of Commissioners discussed the 1979 -1980 Social Services Budgetrequest at length, with much concern over the Public Assistance and the Medicaidcost increaseCommissioner James W Cash moved that the 1979 -1980 Social Services Budgetrequest be tentatively approvedCommissioner Frank B Holding seconded the motion which was carriedunanimouslyi562April 2, 1979 ContI18 Library - Childrens Prep School Reading Education ProgramSue Clayton, Co- ordinator of Childrens Services at the Public Library ofJohnston County and Smithfield, met with the board seeking an appropriation in the1979 -1980 Library Budget to continue the Childrens Services Ms4i Clayton explainedthis will no longer be a federally funded program and requested that the Board ofCommissioners consider funding this program for next year Ms Clayton also toldthe board this has been a worthwhile program and the purpose was to stimulateinterest of the preschool children in reading books and using the libraryThe board advised Ms Clayton they appreciated her presentation and wouldconsider her request at budget time19 Leave of Absence - Gladys Hartley`- Tax Supervisors OfficeJohnnie Stott, Tax Supervisor, requested that Gladys Hartley, Tax Clerk,be granted a one month leave of absence in order to undergo surgery Mr Stottexplained to the board that the exact date that Mrs Hartley will leave the officehas not yet been determinedCommissioner Frank B Holding moved that the above leave of absence requestfor thirty 30 days for Gladys Hartley be approvedCommissioner John M Booker seconded the motion which was carried,unanimously20 Tax Refunds and ReleasesJohnnie Stott, Tax Supervisor, presented the following requests for refundsand releases for the boards consideration1 James Garland Barefoot of Meadow Township requests refund based onpayment of taxes from 1977 on 267 acres of property This 267acres were valued At 4030Mr Barefoot is seeking refund for all years 1971 through 1978 -records have been corrected for 1979 This same 267 acres hasbeen charged to Mr Walter Marler for the same period of timeRefund would be figured as follows 1971 - 1978 at a value of 4030the taxes would amount to 30508 The County has collected taxeson this piece of property from Mr Marler and Mr Barefootfottheabove mentioned years Based on this, it would be recommended thatMr Barefoot be refunded the sum of 30508Commissioner J E Rogerson moved that James Garland Barefoot be refundedin the amount of 30508 as recommended by the Tax Supervisor,Commissioner John M Booker seconded the motion which was carriedunanimously2 James Garland Barefoot of Meadow Township request late listing penaltyin the amount of 22278 be released Mr Barefoot went to Mrs Thornton TaxLister in Meadow on January 27, 1978 to list his taxes Mrs Thornton signed thelisting -favb that she assisted Mr Barefoot on`that date For some reason thelisting forms were given to Mr Barefoot and were mailed on February 21, 1978, andreceived in our office on February 22, 1978Recommend that this release not be granted,The board discussed this request, however, deferred action on the requestfor a release on the late listing penalty until the May board meeting3 Herrera Contracting Co, Inc of Selma requests a release based onthe following informationFacts pertaining to this case 1 the last signed listing submittedby Herrera Contracting Co, Inc was for 1975 2 1976, 1977 and1978 tax assessments were made under the authority granted to theBoard of County Commissioners and the Tax Supervisor by G S 105 -3123 Records show that Herrera Contracting Company was assessed127,580 valuation for these three years 4 Subsequent invest-igation into Internal Revenue records and CPA statements indicatethat the proper assessment should have been 99,513 5 Mr Herreroneglected to list his personal taxes for the same three years Theamount owed on this would be 5053The Tax Supervisor also reported that taxes due from Toby Herrera andHerrera Contracting Company total 69674, and payment of this amount wouldbring Mr Herreras account for the company and his personal taxes up -to -dateIt has been requested that late payment penalty which was added on April lst notbe charged due to having to wait for boards action This is recommendedprovided payment of 69674 plus all late payment penalties prior to April arepaid no later than April 10, 1979c1r1April 2, 1979 Cort After discussion, Commissioner Frank B Holding moved that the aboverequest and recommendation of the Tax Supervisor be approvedCommissioner John M Booker seconded the motion which was carriedunanimously4 Mr Jackie L Benson of Elevation Township requests a release of49,500 valuation and penalty for 1978 taxes The amount of releasewould be 55539This was originally assessed under the authority granted to the Board ofCommissioners under G S 105 -312Recommendations That this release be granted since Mr Benson has providedus with better information to make a proper assessmentCommissioner John M Booker moved that the above request for release begrantedCommissioner J E Rogerson seconded the motion which was carriedunanimouslyAt this time, the Tax Supervisor reminded the board of the scheduledappointments to cone before the Board of Equalization and Review on Tuesday night,April 3, 197921 Livestock Arena ProposalC W Tarlton, Fred Smith, Jr, members of the Johnston County LivestockMutual Association, along with Bruce Woodard, Extension Chairman and Phil Ricks,Livestock Agent met with the board, with Mr Tarlton representing the associationMr Tarlton made the following proposal to the Board of Commissioners;The primary purpose of the-Johnston County Livestock Arena is to assistus in promoting greater diversification in our agricultural industry throughexpansion of livestock farming Gross agricultural income in Johnston County in1978 was 131,586,730 Livestock contributed 31,281,000 of this amount Theuncertainty of the tobacco program makes it more important than ever to continueto promote the number and quality of livestock producedSince January 1979 several meetings of concerned livestock producers andkey leaders have been held to discuss the future and operation of the JohnstonCounty Livestock Arena It was pointed out that when the original funding for thearena was secured the County Board of Commissioners agreed to operate the arena fora period of one year so as to determine the actual expense of operation TheCommissioners suggested a modest rental rate be established at this time Now thatthis time has elasped, and the actualoperating expenses determined the followingrecommendations are made1 That the livestock arena be set up as a regular budget item in thecounty budget since it is used primarily for non- profit, educationalpurposes The cost of electricity, telephone, and other utility servicefor the arena in the past fiscal year was 5,500 There is no livestockorganization in the county that could afford this at present rentalrates A survey of the past years usage shows that over 70 of thetime of operation was for non - profit, educational purposes for 4 -HClubs, FFA, and other Extension sponsored educational activities forlocal clientele A rental rate will be established to cover the costof operation for private use or profit- making purposes2 That the County Board of Commissioners establish an Arena ManagementBoard with members appointed by the commissioners to manage the arenaThis board should have 8 -10 members with the County Extension Chairmanand County Livestock Agent and an appointed member of the Board ofCommissioners as permanent members The remaining members should rotateThe board should meet on a regular basis It should have authority toestablish all rules, regulations, policies governing the operation ofthe arena Should Yeq_uest- proper funding as deemed necessary and wouldreport directly to the County Board of Commissioners3 It is suggested the following be appointed to the board Hobert Reeder,William I Wellons, James W Lee, Charlie P Batten, Lemay Turner, J BStephenson, W J Woodard, Jr, Henry Cross, Bruce Woodard, Phil Ricks,Fred J Smith, Jr, Clifford Massengill and a County Commissioner4 The following budget is proposed; Utilities - 5,000; Chain link fencearound property - 10,000; permanent unloading chute - 2,500;departmental supplies - 1,200; maintenance and repair - 5,000564April 2, 1979 Cont5 A total of 1,200 was collected for rental of the arena during thepast fiscal year and turned in to the County Managers Office Asmore groups learn about the arena and use it we expect a sizableincrease in rental receipts Present estimates are for over 1,500in rental receipts for the 1979 -1980 fiscal yearThe board discussed this proposal at length and agreed to take it underadvisement Chairman Denning reminded the board that the Livestock Arena dedicatioWas for Thursday, April 5, 197922 Pine Level - Four Oaks Wastewater FacilityTim Broome, Ragsdale Engineers, met with the board and presented the bidson the Pine Level - Four Oaks Wastewater Project Mr Broome advised that bidsexceeded their estimation by 727o on this projectUpon motion by Commissioner J E Rogerson, duly seconded by CommissionerFrank B Holding and carried unanimously, the following resolution was adoptedJOHNSTON COUNTYNORTH CAROLINAWHEREAS, the County of Johnston has agreed to serve as Lead Agency fora wastewater interception and pumping facilities project to serve the Towns ofPine Level and Four Oaks and environs, andWHEREAS, bids for construction of the project were received on March 20,1979; the bidding procedure was in order; and the bids have been checked,tabulated, ,and analyzedNOW, THEREFORE, BE IT RESOLVED BY THE JOHNSTON COUNTY BOARD OF COMMISSIThat, subject to the approval and concurrence of the Division of Environ-mental Management, North Carolina Department of Natural Resources and CommunityDevelopment; and the U S Environmental Protection Agency and subject toreceipt of a supplemental EPA grant in the amount of 1,084,114, the Board ofCommissioners hereby makes tentative award to the following firms as the lowest,responsive, responsible bidders on`thevarious portions of the projectContract Division I PipelinesS T Wooten Construction Company, IncWilson, North Carolinain the amount of 822,74945Contract Division II Equalization and Pumping FacilitiesBrown Construction Company, IncConcord, North Carolinain the amount of 1,067,52200Contract Division III Electrical WorkRoanoke Electric CorporationPantego, North Carolinain the amount of 139,4000023 Water and Sewer - Penn CompressionCommissioner James W Cash moved that the following resolutions be adoptedWHEREAS, The North Carolina Clean Water Bond Act of 1971 has authorizedthe making of grants to aid eligible units of government in financing the costof construction of wastewater treatment works, wastewater collection systems,and water supply systems, andWHEREAS, The County of Johnston has need for and intends to construct awastewater collection line described as a Sanitary Sewer line to serve theSmithfield Industrial ParkWHEREAS, The County of Johnston intends to request State grant assistancefor the project,NOW THEREFORE BE IT RESOLVED, BY THE BOARD OF COMMISSIONERS OF THE COUNTYOF JOHNSTONThat the County of Johnston will arrange financing for all remaining costsof the project, if approved for a State grant awardi?rsoApril 2, 1979 ContThat the County of Johnston will adopt and place into effect on or beforecompletion of the project a schedule of fees and charges which will provideadequate funds for proper operation, maintenance and administration of the systemThat the County of Johnston will provide for efficient operation and main-tenance of the project on completion of construction thereofThat Kramer Jackson, County Administrator, and successors so titled, ishereby authorized to execute and file an application on behalf of the County ofJohnston with the State of North Carolina for a grant to aid the construction ofthe project described aboveThat Kramer Jackson, County Administrator, and successors so titled, ishereby authorized and directed to furnish such information as the appropriateState agency may request in connection with such application on the project; tomake the assurances as contained above; and to execute such other documents as maybe required in connection with the applicationThat the County of Johnston has substantially complied or will substantiallycomply with all Federal, State, and local laws, rules, regulations, and ordinancesapplicable to the-project and to State grants pertaining thereto; and herebyauthorized the above designated representative to execute an affidavit so statingAdopted this the 2nd day of April, 1979, at Smithfield, North CarolinaWHEREAS, the North Carolina Clean Water Bond Act of 1971 has authorized themaking 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 line project described as a 12 water main and appurtenances to servethe Smithfield Industrial ParkWHEREAS, The County of Johnston intends to request State grant assistance forthe project,NOW THEREFORE BE IT RESOLVED, BY THE BOARD OF COMMISSIONERS OF THE COUNTYOF JOHNSTONThat the County of Johnston will arrange financing for all remaining costsof the project, if approved for a State grant awardThat the County of Johnston will adopt and place into effect on or beforecompletion of the project a schedule of fees and charges which will provideadequate funds for proper operation, maintenance and administration of the systemThat the County of Johnston will provide for efficient - operation and maint-enance of the project on completion of construction thereofThat Kramer Jackson, County Administrator, and successors so titled, ishereby authorized to execute and file an application on behalf of the County ofJohnston with the State of North Carolina for a grant to aid in the constructionof the project described aboveThat Kramer Jackson, County Administrator, and successors so titled, ishereby authorized and _directed to furnish such information as the appropriateState agency may request in connection with such application on the project; tomake the assurances as contained above; and to execute such other documents asmay be required in connection with the applicationThat the County of Johnston has substantially complied or will substantiallycomply with all Federal, State, and local laws, rules, regulations, and ordinancesapplicable to the project and to State grants pertaining thereto; and herebyauthorized the above designated representative to execute an affidavit so statingAdopted this the 2nd day of April, 1979, at Smithfield, North CarolinaCommissioner J E Rogerson seconded the motion which was carried by thefollowing voteAye James W Cash, J E Rogerson and Norman C DenningNay NoneAbstaining Frank B Holding and John M Booker566April 2, 1979 Conti I24 Wastewater - Pine Level - Four Oaks - State GrantIUpon a motion by Commissioner Frank B Holding, duly seconded byCommissioner James W Cash and carried unanimously, the following resolution wasadoptedWHEREAS, the United States Environmental Protection Agency under theprovision of the Federal Water Pollution Control Act Amendments of 1972 hasauthorized the making of grants to aid eligible units of government in financingthe cost of construction of wastewater facilities; andWHEREAS, the United States Environmental Protection Agencyhas offered andthe County of Johnston has accepted a grant in the amount of 1,722,150 to aid inthe Step III phase of wastewater facilities to serve Pine Level and Four Oaks; andWHEREAS, the North Carolina Department of Natural Resources and CommunityDevelopment, Division of Environmental Management has offered a grant in the amountOf 1,722 ;150 to match said EPA grantNOW, THEREFORE, BE IT RESOLVED BY -THE BOARD OF COMMISSIONERS OF THE COUNTYOF JOHNSTONThat the County of Johnston accepts this grant offer in the amount of287,025 and hereby agrees to all Standard and Special Conditions of the State grantagreement, and hereby authorizes the County Administrator tom execute this grantagreementDuly adopted this the 2nd day of April, 197925 Sub - Division - Garner EstatesUpon the recommendation of Rick Cannity, County Planner, CommissionerFrank B Holding moved that the sub - division plat of Garner Estates C L Byrdfirst phase be approvedCommissioner John M Booker seconded the motion which was carriedunanimously26 Sub - Division - `Hidden HillsUpon the recommendation of Rick Cannity, County Planner, CommissionerJames W Cash moved that the sub - division plat of Hidden Hills Lewis R Wilsonbe approvedCommissioner J E Rogerson seconded the motion which was carriedby the following voteAye Commissioners James W Cash, J E Rogerson, John M Booker andNorman C Denning, ChairmanNay NoneAbstaining Frank B Holding27 Aeromodeling Park - Landfill PropertyThe board again discussed the request to use property at the JohnstonCounty Landfill site for an aeromodeling parkAfter discussion, the Chairman asked Commissioner John M Booker to makean investigation and study this request and report back to the board28 Local Retirement ChangesKramer Jackson, County Administrator, asked the Board of Commissioners toendorse a proposed change in the Local Government Employees Retirement System MrJackson explained that through the North Carolina Association of County Commissionerthe General Assembly has been asked to increase retirement benefits for presentretirees and beneficiaries in the Local Government Employees Retirement System MrJackson also advised the board that the increased benefits would cost the countyapproximately 2,300 annuallyAfter discussion, Commissioner Frank B Holding moved that the Board of ,County Commissioners endorse the legislation to increase the retirement benefitsas recommended by the North Carolina Association of County CommissionersCommissioner J E Rogerson seconded the motion which was carriedunanimouslyPApril 2, 197`9, Cont29 Audit Contract - 1978 -79Commissioner James W Cash moved that Daniel G Matthews and Associates,CPAIbe employed to audit the county records for the fiscal year 1978 -1979 inthe following contract amounts General Fund, Revaluation Fund, Public Assistance,Debt Service and Revenue Sharing Trust Fund - 9,29500; Johnston County Airport -96000 and Rural Fire Departments - 65500Commissioner Frank B Holding seconded the motion which was carriedunanimously30 Economic Development DistrictUpon a motion by Commissioner J E Rogerson, and seconded by CommissionerJames W Cash, the Johnston County Board of Commissioners voted to adopt thefollowing ResolutionResolution requesting the State of North Carolina and the United StatesDepartment of Commerce to designate Orange, Wake, Durham, Johnston, Chathamand Lee Counties as an Economic Development DistrictWHEREAS, these six counties comprise multi- county planning Region J asdesignated by the Governor of North Carolina, working together through the jointlycreated Triangle J Council of Governments, have demonstrated their ability tocooperate in many vital areas of regional concern;WHEREAS, the Triangle J Council of Governments was created, pursuant toNorth Carolina GS 160 -20, and is Lead Regional Organization LRO for Region J;andWHEREAS, the six counties desire to further their joint efforts towardeconomic development and development of the potential of their natural, human, andman -made resources in keeping with wise long -range planning concepts; andWHEREAS, it is understood that the United States Department of Commerce isin the process of developing regulations which will allow regional councils ofgovernment to be designated as Economic Development Districts without changingtheir board membership by adding persons who are not local elected officials;NOW, THEREFORE, BE IT RESOLVED BY the Board of Commissioners of JohnstonCounty in conjunction with the Boards of Commissioners in the other five countiesthat the Governor of North Carolina request that the Secretary of Commerce of theUnited States designate the counties of Orange, Wake, Durham, Johnston, Chatham,and Lee as an Economic Development District, the purpose of which is to assistthese counties in meeting special problems, to promote economic development, andto establish a framework for joint city, county, state and federal efforts towardprovidingthe basic facilities and services_ essential to their growth and attackincommon problems and needs on a coordinated and concerted basis;BE IT FURTHER RESOLVED that upon such designation as an Economic Develop-ment District, the Board of Commissioners in each of the respective counties afore-mentioned will take any reasonable steps to meet federal requirements necessaryto carry out the general objectives of an Economic Development District, whileadhering to the policies of the State of North Carolina and the United StatesThis•resolution adopted this the 2nd day of April, 197931 CETA ReportKramer Jackson, County Administrator, reported that he and Evelyn Ray,CETA Co ordinator, had attended a meeting in Raleigh on the CETA Program MrJackson advised that it appears Johnston County will deal with Triangle J Councilof Governments in the balance of state on ;the CETA program beginning October 1,1979, if there are no further changes, according to the Raleigh office32 Budget Amendment - Social ServicesCommissioner J E Rogerson moved that the following budget amendment inthe Title XX Child Day Care Program be made as followsRevenue Code Increase 1035007 21,24000Expenditures Increase 1061300 21,24000Salaries 1061302 40000Purchase Service 1061303 2150000FICA 1061305 4000Group Insurance 1061306 80000Retirement 1061307 1,00000Travel 1061314 50000Equipment Purchase 1061316 5,00000Supplies 1061333 1,00000Food 1061334 7,00000RentBuilding 1061321 3,00000568April 2,1979 ContCommissioner James W Cash seconded the motion which was carried unanimously33 Resolution - Schedule B LicenseUpon a motion by Commissioner Frank B Holding, duly seconded by CommissionerJohn M Booker and carried unanimously, the following resolution was adoptedRESOLUTIONWHEREAS, it is provided in Chapter 158, Public Laws of 1939, in an actentitled, Revenue Act of 193911, under Article 11 Section B, License Taxes ofsaid Chapter, a amended, that the counties of North Carolina or any of them mayimpose and levy a county license or privilege taxes for the privilege of carryingon the business exercises, exercising the privilege of doing the act named therein,beginning June 1, 1979 and ending May 31, 1980;iWHEREAS, the County of Johnston, a body corporate and politic in the Stateof North Carolina, by and through its Board of Commissioners, desires to imposeand levy said license and privilege taxes in Johnston County for the said taxyear 1979 -1980, in strict accordance with the provisions of said Article II,Schedule B; and to impose and levy said taxes, and to require reasonable reportsfrom distributors in order to make the tax levy and collection effective, inamounts to full extend and limit authorized under said Article II, Schedule Bt;NOW, THEREFORE, DID RESOLVE, that the Board of Commissioners of JohnstonCounty do hereby impose and levy in and for the County of Johnston, North Carolina,for the tax year beginning June 1, 1979, and ending May 31, 1980, license andprivilege taxes provided for and authorized under the provisions of Article II,Schedule B, of Chapter 158, Public Laws of 1939, as amended, and which undersaid Article the counties of North Carolina are authorized and empowered to imposeand levy, collect and require reasonable reports from distributors in order tomake the tax levy and collection effective; and did resolve further, that saidBoard of Commissioners does herebyimpose, levy and require reasonable reportsfrom distributors in order to make the tax levy and collections effective inamounts to the full extent and limit authorized under said Article II, ScheduleTBT34 Alcoholics - Mental Health ClinicCommissioner John M Booker reported that of the patients and servicesrendered in the Mental Health Center one third are active alcoholics and fiftypercent relate to alcohol in some form Commissioner Booker continued that he Jfeels it appropriate for the board to study an increase of the alcoholic beveragetax35 Smithfield Water Plant CommitteeCommissioner John M Booker told the Chairman and the board that some timeago he was appointed to a study committee of the Smithfield Water Plant and as ofthis date he had not been called upon to meetUpon a motion by Commissioner Frank B Holding, duly seconded by CommissioneJohn M Booker and carried unanimously, the board recessed until April 3, 1979, at715 pm, to meet as a Board of Equalization and ReviewA?Norman C Denning, ChairmanEleanor N Creech, Clerk