May 3, 1982 - 10:00 AM - County Board of Commissioners Meeting Minutes

Meeting of Board of Commissioners for the County of JohnstonIMay 3, 1982The Johnston County Board of Commissioners met in regular session, Monday, May 3, 1982,at 10 oclock am, in the Commissioners Room of the Johnston County Courthouse, Smithfield,North Carolina, with the following members presentciNorman C Denning, Chairman, Frank B Holding, Vice Chairman, James W Cash, John MBooker, DVM, and Howard BentonMembers Absent NoneThe Chairman called the meeting to order and the following business was transacted1 MinutesThe minutes of the April 5, 1982, board meeting stand approved as recorded2 PUBLIC HEARING REVENUE SHARINGAs federal regulations require the board to hold a public hearing on the receipt ofRevenue Sharing funds, the purpose of this hearing was to allow citizens of the county to havesome input and suggestions as how the county should spend its revenue sharing funds JohnstonCounty anticipates receiving 1,055,000 for the fiscal year 1982 -83The Chairman opened the public hearing by asking if anyone present wished to speak asto how the county should spend Revenue Sharing funds There was no one present to speakregarding the expenditure of Revenue Sharing funds received by Johnston CountyThe Chairman closed the Public Hearing3 Certificate of Appreciation - Paul J AndersonAs the Board of Commissioners recognized and appreciates the dedicated service renderedto the citizens of Johnston County by Paul Anderson as District Engineer with the North CarolinaDepartment of Transportation, they presented him with a Certificate of Appreication for hisoutstanding contributions to this countyMr Anderson thanked the board and assured them that he would continue to serveJohnston County and its citizens to the best of his ability Mr Anderson will be stationedj and working from the Resident Engineers Office, Johnston County now, instead of the GoldsboroOffice4 Micro Water AssociationCarl Smith, Secretary- Treasurer, Micro Water Association, met with the board againrequesting the county to appropriate funds in the amount of approximately 300,000 for theinstallation of a water line to North Johnston High School and to install an elevated storagetankDr Jim Ellerbe, Superintendent, and James L Pittman, Assistant Superintendent,Johnston County Public Schools and Ben Strifert, Principal, North Johnston School were presentin support of this requestMr Smith, along with Gene Cobb, Engineer, explained that the Micro Water Associationproposes an 8 water line from Main Street in Micro to Oak Grove Inn and a 12 water line fromOak Grove Inn to North Johnston School, a distance of approximately 4600 feet all the way fromMicro to the school The board questioned if it wouldnt be cheaper to tie on to the alreadyexisting county water line Mr Smith replied, if they tied on to the existing county lineand go across to the school, the line would not benefit anyone or anything but the schoolHowever, if they go along 301, they will be able to pick up additional customers Gene Cobb,Engineer, alsopointed out that about 17,000 could be saved to run the line along 301 becauseit would be a smaller line and less equipment would be needed for this routeThe board discussed this matter at length, realizing the water problem and also apotential sewer problem in the near future in the Micro areaThe Chairman advised this request would be studied and taken under advisement5 Wilsons Mills Group Request Community Development GrantMrs Madie Bridges, and a group of residents of Wilsons Mills, met with the boardseeking assistance from the county in obtaining a community development grant from the stateor federal government to make community improvements housing and etc in the Wilsons Millsareariii221May 3, 1982 ContinuedThe board explained that the county did not have any funds for community development,however, the board instructed Kramer Jackson, County Manager, to work with Mrs Bridges andher committee, to contact the state office and to coordinate a meeting with the proper stateofficials to seek a grant In the meantime, the board asked Mrs Bridges and her committee towork on aspecific Community Development Project for review6 Planning Board - AppointmentsCommissioner Howard Benton moved that David Richardson, Route # 1, Wendell, and WilliamJ Sugg of Princeton, be reappointed to the Johnston County Planning Board for terms of six6 years These terms to expire May 15, 1988Commissioner Frank B Holding seconded the motion which was carried7 Subdivisionsa Upon the recommendation of the County Planner, Commissioner Frank B``Holdingmoved that the Millardand Millard Subdivision, owned by Donald-Earl Millard, located on S R# 1571, 15 miles north of Little Creek Church, Clayton Township, 4 lots, be approved and theChairman authorized to execute the subdivision platCommissioner Howard Benton seconded the motion which was carriedb Upon the recommendation of the County Planner, Commissioner James W Cash movedthat the Harold Shahan Subdivision, located on S R # 1571, 14 miles north of Little CreekChurch, Clayton Township, 5 lots, be approved and the Chairman authorized to execute thesubdivision platCommissioner John M Booker seconded the motion which was carriedc Upon the recommendation of the County Planner, Commissioner Howard Benton movedthat the Edward Renfrow Subdivision located on S R # 1939, 1 mile south of Live Oak Church,Selma Township, 7 lots, be approved and the Chairman authorized to execute the subdivisionplatCommissioner John M Booker seconded the motion which was carriedd The board alsodiscussed the High Meadows Subdivision, owned by Lewis R Wilson,Wilders Township, located on S R # 1700, 34 mile west of Archer Lodge Variance grantedApril 5, 1982, board meeting Commissioner Frank BHolding moved that the High MeadowsSubdivision be approved However, at this time, Harold Blizzard, County Planner, explainedthe private road had not been completed, as of this date The County Planner advised that hehad checked on this road early in the morning Commissioner Frank B Holding withdrew hismotion, as the board agreed that final approval of this subdivision should not be granted untilthe private road has been completed8 Bids - Pine Level - Princeton Water Line and Water TankTim Broome, Engineer, Ragsdale Consultants, presented a summary and reviewed the bidson the Pine Level - Princeton Water Line and Elevated Storage Tank Mr Broome explained thatwe had received 13 bids on the water line, 5 bids on the water tank and 7 bids on the electricalwork He further explained that the base low bidders were Roanoke Construction Company,Roanoke, Virginia; - water line Division I 561,317 with a 16,000 deduct if PVC pipe isused; Universal Tank, Atlanta, Georgia; - water tank Division II 174,pile footing; andEdwards Electric, Wilson, N C; electrical Division III 26,207The board discussed and decided they preferred ductile iron pipe for the entire waterlineThe engineer recommended the alternate bid for concrete spread footings for theelevated tank at a low bid price of 154,720 from Universal TankIn review of the electrical contract bids Division III the engineer advised that theTown of Princeton was interested in a work control system to connect the tank and all wells toa central control panel in the Police Station Princeton requested the county to finance thesystem and to allow the Town of Princeton to repay the county over a five 5 year period Indiscussion, the board showed favor and agreed to finance the central control system panel forthe pumps to assist the Town of Princeton With this type control system, the low bidder forthe electrical work Division III was Barnes and Powell, Elm City, N C, at,a bid price of37,010The board discussed at length the size of the water line from Selma t°? Pine Level andthe engineer reviewed alternatives for increasing the size of the line from Pine Level toPrinceton should the need arise in the future The majority of the board could not see theneed or feasibility of constructing a water line from Selma to Pine Level any larges than a16 lineMay 3, 1982 ContinuedCommit ssioner John M Booker emphasized that he strongly favors a 20 line from Selmao Pine Level, in the event a water plant should be built at Princeton in the futurea WATER LINE SELMA TO PINE LEVEL9After discussion and review of bids and alternate bids, Commissioner Frank B Holdingmoved that the contract for Division I - 16 water line from Selma to Pine Level be awarded toRoanoke Construction Company, Roanoke, Virginia, low bidder, at 561,317Commissioner James W Cash seconded the motion which was carried by the following voteAye Frank B Holding, James W Cash, Howard Benton and Norman C DenningNay John M Bookerb ELEVATED STORAGE TANK - PRINCETONCommissioner Frank B Holding moved that the contract for Division II - elevatedstorage tank with spread footings,be awarded to Universal Tank, Atlanta, Georgia, low bidder,at 154,720Commissioner John M Booker seconded the motion which was carried unanimouslyc ELECTRICAL CONTRACTCommissioner Howard Benton moved that the contract for Division III - electricalcontract low bidder, at 37,010Commissioner James W Cash seconded the motion which was carried unanimously9 Town of Clayton - Tax Collection ContractThe county manager advised the board that the Town of Clayton has officially approvedthe contract for Interlocal Undertaking relating to the county collecting tax for the Townof ClaytonThe county manager recommended the board approve this contract and authorize thej chairman to sign the contract of Interlocal Undertaking on behalf of the countyUpon a motion by Commissioner James W Cash, duly seconded by Commissioner HowardBenton and carried, the following resolution was approved and the following contract adoptedRESOLUTIONRESOLUTION RATIFYING A CONTRACT FOR INTERLOCAL UNDERTAKING WITH THE TOWN OF,CLLYTONRELATING TO TAX COLLECTIONWHEREAS, the governing body of Johnston Country;, has found and determined that it isin the public interest and for the public benefit to provide for the collection by JohnstonCounty of ad valorem taxes levied by the town; andWHEREAS, thec6unty- Cbmml-ssioners believeL, that Johnston County has the means to provide forthe collection of the ad valorem taxes levied by the town; andWHEREAS, the-_CountyCommissionersha -ve examined and approves of a contract which provides forsaid county collection of town advalorem -taxes and details the legal relationship and dutiesof the parties thereto;NOW, THEREFORE, BE IT RESOLVED by the toardof Coi m ssioners of Johnston Co inty? -that thecontract entitled, Contract for Interlocal Undertaking which provides for collection byJohnston County of ad valorem taxes levied by the town is hereby approved and ratified TheMayor and Town Clerk are authorized to sign said contract for and on behalf of the townAdopted this the 3th day of Tay,, 1982JOHNSTON COUNTY;BY Norman C , DenningChairmanATTEST8leano_r ,1? Creochs iCouflty,J Clerk1iImNORTH CAROLINAJOHNSTON COUNTYMay 3, 1982 ContinuedCONTRACT FOR INTERLOCAL UNDERTAKINGTHIS CONTRACT, made and entered into this 5th day of April, 1982, by and betweenJOHNSTON COUNTY, a body politic and corporate of the State of North Carolina, hereinafterreferred to as the COUNTY, party of the first part; and the TOWN OF CLAYTON, a- municipalcorpotation, duly chartered, and existing under, and by virtue of, the laws of the State ofNorth Carolina, hereinafter referred to as the TOWN,party of the second part;W I T N E S S E T HWHEREAS, the governing bodies of the County and the Town have found and determinedthat it is in the public interest and for the public benefit to provide for the collectionby the County of ad valorem taxes levied by the Town; andWHEREAS, the Board of Commissioners of the County has found and determined that theCounty has the means to provide for the collection of the taxes levied by the Town, and thatsuch an undertaking will not impair County tax collection or otherwise be detrimental to thepublic interest; and,WHEREAS, the governing bodies of the County and the Town have by resolution, duly,recorded in their respective minutes, ratified the provisions of this Agreement;NOW, THEREFORE, FOR and in consideration of the mutual covenants herein contained andof the mutual benefits to result therefrom, the parties hereby agree as follows;1 Purpose The purpose of this Agreement is to establish an interlocal undertaking,as provided by North Carolina General Statutes, Chapter 160A, Article 20, Part I, whereby theCounty shall collect the ad valorem taxes duly and lawfully ordained and levied bythe governingbody of the TownII 2 Methods and Procedures The methods and procedures which shall be followed by theCounty and the Town to implement this undertaking shall be as followsa On or before the lst day of July, 1982, the governing body of the Town shall dulyappoint the Tax Collector of Johnston County as the Tax Collector of the Town for the termhereinafter specified Said appointee is hereinafter referred to as the Tax Collector b The Tax Collector shall perform, on behalf of the Town those duties specified inNCGS Section 105 -350c The County shalltprovd-e the Tax Collector during the term of thisAgreement suchassistants and employees as are necessary for said Tax Collector to accomplish his duties tocollect the taxes of the Townd Except as expressly provided herein, the governing body of the County shall havethe sole and absolute authority to make any and all elections, determinations and decisionsfor the Town that thegoverning body of the Town is authorized to make pursuant to Articles21, 26, 27 and 28 of Chapter 105 of the North Carolina General Statutes A d shall perform allactions pertaining to, or ancillary to, tax collection which are required by said governingbody by Subchapter II of Chapter 105, NCGS, to include1 Preparation of a tax scroll, tax book, or combined record as provided•in NCGS,Section 105 -3192 Adoption of the Order to Collect Taxes required by NCGS, Section 105 -3213 Review of listings and evaluations as required by NCGS, Chapter 105; SubchapterII, Article 214 Listing, appraising, and assessing of property as provided in NCGS, Chapter105, Subchapter II, Article 225 Delivery of tax receipts to the Tax Collector pursurant to NCGS, Section 105-3526 Execution of settlements as required in NCGS, Section 105 -373e The Tax Collector shall follow the tax collection and settlement procedure setforth in NCGS, Chapter 105, Subchapter II, and the administrative and accounting rules ofthe County, except that the following special procedures shall apply to the extent that theyare not inconsistent with said General Statutes2May 3, 1982 Continued1 This Agreement shall cover tax collections on behalf of the Town for years priorto the tax year of the appointment of the Tax Collector2 Separate bonds shall be given by the Tax Collector, one in his capacity as theCounty Tax Collector and one in his capacity of the Town Tax Collector Separate bonds shallalso be given by such of said Tax Collectors Assistants and Clerks as may be designated byeach of the taxing units so that said persons may be held to properly account to and settlewith each taxing unit as provided by law Each taxing unit shall provide those bonds givenfor its protection and shall pay the premium required therefore3 Records maintained by the Tax Collector shall show separately the amount collectedon behalf of each taxing unit, and such records shall be available at any time4 Only one tax bill shall be mailed by the Tax Collector to a taxpayer within thepurview of this Agreement, whether that taxpayer owes taxes to either of the taxing units orto both In the eventof a partial payment on such a consolidated tax bill, the instructionof the taxpayer as to which taxing unit is paid first will be observed; in the absence ofdirection from the taxpayer, the amount of such payment shall becredited to each taxing unitpro rata in the proportion to each units share of the total amount of taxes owed5 The County shall remit to the Town any and all sums, to include principal,penalties, interest, etc, collected under this Agreement on behalf of the Town for thecurrent and previous tax years, except that the County shall retain any compensation due fromthe Town as more specifically provided herein6 Penalties,and interest collected, proceeds recovered from tax foreclosures andsales pursuant thereto, and discounts, settlements, or compromises allowed shall be apportionedbetween the County and the Town in proportion to each taxing units share of the-principalamount which was the basis of said collection, recoveries, or allowances7 The Town may, at its own expense, provide for an audit of the records,relating totaxes owed the Town and collected on its behalf by the Tax Collector8 The Tax Collectorshall remit to the Town Treasurer all taxes, penalties, andinterest due the Town collected by him whenever the amount due the Town exceeds One ThousandDollars 1,000 but in no event more frequently than once per day subject to the reimbursementprovision of this Agreement9 Upon the discovery of unlisted property, each taxing unit shall determine whetheror not such property shall be placed upon its respective tax scroll, but unlisted propertyplaced upon the tax scroll of the County shall, if taxable by the Town, likewise be placedupon the tax scroll of the Town10 Collection of all, delinquent taxes on the effective date of this Agreement andall taxes becoming delinquent thereafter shall be the sole responsibility of the County TheCounty will use the same diligence and effort to collect taxes owed to the Town as it does tocollect taxes owed to the County If a delinquent tax bill is due to both the County and theTown, foreclosure shall be in the name of both The cost of any legal action shall be borneby each taxing unit in proportion to its share of the total tax bill delinquent3 Duration This Agreement shall endure so long as the parties hereto exist andhave the power to make and maintain such an agreement, unless this Agreement is soonerterminated as hereinafter provided4 Appointmentsa The appointment of the County Tax Collector as the Tax Collector of the Townshall be made by the governing body of the Town in accordance with the provisions of NCGSSection 105 -349 The County Board of Commissioners by resolution shall approve such appointmentThe appointment and its approval and acknowledgement thereof will be entered into the minutesof the governing bodies of the parties heretob Appointments of all assistants, consultants, attorneys, or employees provided bythe County to implement this undertaking shall be made by the appropriate County officials andshall hot be subject to the approval of the Townc The participation of the office of the Tax Collector of Johnston County in thisundertaking, except as otherwise providedby law or this Agreement, shall be under the super -vision of the Board of Commissioners of Johnston County and the County Manager, which officialsshall have exclusive authority as provided by law to regulate and control the administrationof said officed The jurisdiction, authority, rights, privileges, and immunities including coverageunder the Workmens Compensation Act which the officers, agents, and employees of the Countyenjoy within the territory of the County shall also be enjoyed by them within the Town whenthey are acting pursuant to this Agreement and within the scope of their authority or in thecourse of their employmentiiiIi42 52May 3, 1982 Continued5 Finances The Town shall pay to the County for the services provided hereundertwo percent 2 of all sums collected by it on behalf of the Town The Countys compensationmay be retained by it from sums collected on the Towns behalfb Amendment This Agreement may be amended in any year prior to the approval of theannual budget of either party, which ever approval first occurs, by mutual agreement betweenthe parties in writing and duly ratified by each governing body7 Termination This Agreement may be terminated at the end of any fiscal year Thegovernmental unit wishing to terminate the agreement may do so only after giving the othergovernmental unit written notice of its decision to do so by January 1 of each yearIN WITNESS WHEREOF, the parties hereto have caused this instrument to be signed intheir respective names by their proper officials, all by authority of a resolution of thegoverning body of each of the taxing units, duly adoptedJOHNSTON COUNTYBY Norman C Denning °Chairman of the Board ofCounty CommissionersATTESTEleanor N CreechCounty ClerkTOWN OF CLAYTONBY Charles R StewartMayorATTESTCindee L SteadmanTown Clerk10 Agricultural Update ReportBruce Woodard, Agricultural Extension Chairman, gave a brief up -date of agriculturalactivities in the county11 Historic Inventory - Slide PresentationThe county manager introduced to the board, Tom Butchko, who was employed severalmonths ago by the county to conduct a Historic Architectural Inventory of Johnston CountyThe county manager explained that Mr Butchko has completed about 80 of the inventoryMr Butchko presented a most interesting and impressive slide presentation of hisaccomplishments to the board12 NACo Deferred CompensationThe county manager explained that several years ago the County Board of Commissionersadopted a resolution authorizing county employees to participate in a Deferred CompensationPlan The company administering the plan for Johnston County was Deferred Compensation ofNorth Carolina Employees were very dissatisfied with the administration of the plan andmost of them that had enrolled dropped out Now, the few employees that are left have nocompany authorized to administer the-plan The county manager further explained that theNational Association of Counties administers a Deferred Compensation Plan and the plan isavailable in every state, and North Carolina has forty -seven 47 counties participatingIf the county participates in a Deferred Compensation Plan, the board will need to adopt aresolution authorizing employees to participateAfter discussion, the board suggested that the county manager talk with each employeethat is involved with deferred compensation and to advise these employees they should make aneffort to get someone to manage their deferred compensation13 1982 -1983 Budget -Kramer Jackson, County Manager, presented the 1982 - 1983 Budget and reviewed thebudget message with the board He explained the 82 -83 budget requests and that the budgethas been prepared in two parts, part one contains the operating budget and part two containsthe capital outlay and special requests14 Public Hearingz for 1982 -1983 BudgetThe Board of Commissioners will hold a public hearing on the 1982 -1983 Budget onMonday, May 17, 1982, at 730 pm, in the Commissioners Room, Johnston County Courthouse,Smithfield, North Carolina15 Bulk Container Site - LandfillThe board was invited to make an on site inspection of the bulk container site justcompleted at the county landfillMay 3, 1982 ContinuedUpon a motion by Commissioner Frank B Holding, duly seconded by Commissioner JohnM Booker and carried, the board recessed to meet again on Monday, May 10, 1982, at 730 pmNorman C Denning, ChairmanlEleanor N CreechClerk to the Board