December 3, 1979 - 10:00 AM - County Board of Commissioners Meeting Minutes

December 3, 1979 - Regular1 7Fit widthMeeting of Board of Commissioners for the County of JohnstonDecember 3 1979The Johnston County Board of Commissioners met in regular session in theCommissioners Room of the Johnston County Courthouse, Smithfield, North Carolina,Monday, December 3, 1979, at 10 oclock am, with the following members presentNorman C Denning, Chairman,Frank B Holding, Vice Chairman, J, ERogerson, John M Booker, DVM, and James W Cash,Members Absent NoneThe Chairman called the meeting to order and the following business wastransacted1 MinutesThe board reviewed the minutes of the November 5, 1979, board meetingCommissioner James W Cash moved that the minutes of the November 5, 1979,board meeting be approved as recordedCommissioner J E Rogerson seconded the motion which was carried byunanimous vote2 Election of ChairmanAt this time, Chairman Denning turned the meeting over to the Clerk forreorganizationThe Clerk called for nominations for Chairman of the Johnston County Boardof CommissionersCommissioner Frank B Holding moved that Norman C Denning be electedChairmanCommissioner J E Rogerson seconded the motion which was carried byunanimous voteAt this time, the Clerk turned the meeting over to the ChairmanChairman Denning called for nominations for Vice ChairmanCommissioner J E Rogerson moved that Frank B Holding be elected asVice ChairmanCommissioner John M Booker seconded the motion which was carried byunanimous vote3 Health Board - AppointmentCommissioner J E Rogerson moved that Dr Thomas M Johnson be reappointedto the Johnston County Board of Health for a three 3 year term, This termexpiring December 31, 1982Commissioner Frank B Holding seconded the motion which was carried byunanimous voteChairman Norman C Denning was designated to continue serving on theBoard of Health as the Board of Commissioners representative,4 Easement Request - Logging - South SmithfieldKramer Jackson, County Administrator, advised the board that a loggingcontract is to be awarded to a successful bidder to log from the Wellons propertyin South Smithfield; and further an easement is requested for the logging contractoto haul the timber across county property Mr Jackson explained the route wouldrun along the dirt road down by the county wastewater treatment plantThe board discussed this matter at length with Norman Grantham, Realtor,representing the property owner, Tim Broome, Engineer, and Mr Jackson to attemptto determine the risk and damages that could occur by logging trucks traveling onthe road and over a large sewer line Mr Broome emphasized the heavy loggingtrucks can positively not travel over shallow lines or within 20 feet of anymanhole In discussion, the board felt the company, not the logging contractor,should assume the responsibility of any damages caused from logging in thisresidential area The board was also concerned about recovering damages, if any,as a result of the logging operation, and discussed requiring the company to posta surety bondAfter much discussion, Commissioner Frank B Holding moved that theChairman and Mr Jackson, after consultation with Tim Broome, Engineer, bei? aIi 1December 3, 1979 Cont19 Four Oaks Sewer Line - Manning RoadJerry Hansley, Norman Sheperd and Douglas T Johnson, and other residents ofManning Road along Holt Lake, met with the board regarding their concern about theconstruction of a sewer line to Four Oaks running along Manning Road, Theseresidents were very upset over the blasting and fear the sewer line will damage theiwells They asked if this section of the sewer line could be run along anotherroute Tim Broome and Frank Stephenson, Engineers, explained they had looked at twoalternate routes which would cost the county from 49,000 to 131,000 and EPA mayparticipate or may not in the construction of an alternate route The engineersalso stated that Soil and Materials Engineering had taken soil borings and theyshowed no rock that will need blasting along Manning Road The engineers alsoinformedthese residents that the digging should not effect wells if they are sealedproperly, the water level could possibly drop tenporarilyIt was also questioned whether or not the county had legal right to go downManning Road with this sewer line Legal counsel advised that this road in feesimple belongs to Hanna Brannan and the county has legal easement from HannaBrannan, however, the road has been maintained by the residents The residents arealso concerned about the maintained condition of Manning Road and what condition itwill be left in after the construction of the sewer lineThe board discussed this matter at length and assured these residents thecounty will be responsible for providing water if their wells are damaged by theconstruction of the Four Oaks Sewer line, and they were also assured that ManningRoad would be put back in the same condition as it was before construction of thesewer line Commissioner Frank B Holding indicated that it is the concensus_of theBoard of Commissioners to have this road put back in the same maintained conditionand if it is necessary the board will have loads of stone and rock put on the roadThe board members also emphasized that it is not their intentions to work a hardshipon anyone, they believe the construction of this sewer line will be an asset toresidents in this area now and in the near futureChairman Denning again informed these Manning Road residents that they havethe boards assurance that the water problem, if any,caused by the construction ofthis sewer line, will be taken care of Ragsdale Engineers was instructed by the Board of Commissioners to continueLn with the Four Oaks Sewer Line as present contract exist20 Forest RangerMr Harold Grady, District Supervisor, North Carolina Forest Service, metwith the board asking them to seek applicants for a County Forest Ranger to replaceH J Whitley, Jr Mr Grady advised the board they are to submit a minimum ofthree applicants to the State Forest Service for consideration for this position21 Johnston County Produce Market, Inc - ProposalHenry Whitley, Chairman, Johnston County Board of Realtors, and John Whitley,Attorney, met with the board representing the proposed Johnston County Produce MarketIncorporated Mr Henry Whitley furnished background information on the proposedproduce market and asked the board if they would consider a long term lease on countyproperty between Selma and Smithfield adjacent to Jones Brothers Furniture for aproduce market site Attorney Whitley indicated they were considering a profit -making corporation The board discussed this matter at length and looked with favor,upon having a produce market in Johnston County for the produce growers, however,they were reluctant to grant a long term lease for county property for a profitmaking corporation until they learn more about it The board indicated their concern,was for Johnston County farmers having to pay a high fee to sell their produce andprivate investors making big profits The board favored a nonprofit corporationMr Whitley discussed possible alternatives for the county to make this propertyavailable and the board liked the idea of a produce market, but they advised MrWhitley they must consider what action is in the best interest for all the citizensof Johnston County Commissioner Booker asked what the county is going to do withthis property and Commissioner James W Cash stated that if this property is notavailable the board needs to say , so this committee can look for another siteCommissioner Cash also reminded the commissioners he had brought this matter to theirattention before todayThe board took no official action on this request at this time{afPITDecember 3, 1979 Cont22 Greytown RoadsThe board received a petition from residents in the Greytown neighborhoodWest Smithfield requesting the county to take the necessary action to cause theState Department of Transportation to take over, maintain and pave Hill andCampbell StreetsAfter discussion, Commissioner Frank B Holding moved that the NorthCarolina Department of Transportation be respectfully requested to reclassify twostreets, Hill and Campbell, in the Greytown Subdivision of West Smithfield, JohnstoCounty, from residentail streets to secondary roads, so that they might be placedon the State Secondary Road System for paving by priorityCommissioner John M Booker seconded the motion which was carried byunanimous voteThe Board of Commissioners talked with Paul Anderson, District Engineer,about the Greytown petition and also asked him to visit with Kenny Steele, DuchessDowns Subdivision Mr Anderson told the board he knows the Duchess Downs roadsdo not meet the state standard specifications, however, they can be brought up tomeet these specifications The board asked Mr Jackson and Mr Anderson to contactMr Steele and explain what needs to be done23 Quit -Claim Deed - Pearl Niner Jones Barbour - Clayton TownshipUpon a motion by Commissioner Frank B Holding, duly seconded by CommissionJ E Rogerson and carried by unanimous vote, the Chairman was authorized to executthe following Quit -Claim Deed to Pearl Niner Jones BarbourNORTH CAROLINAJOHNSTON COUNTYTHIS QUITCLAIM DEED made and entered into this 3rd day of December-, 1979,by and between THE BOARD OF COMMISSIONERS OF THE COUNTY OF JOHNSTON, State of NorthCarolina, hereinafter referred to as GRANTOR and PEARL NINER JONES widow, aresident of Johnston County, North Carolina, hereinafter referred to as GRANTEE;W I T N E S S E T HTHAT WHEREAS, on or about April 19, 1933, Paul D Grady, Trustee, upon theforeclosure sale under the provisions of deed of trust from W T Stallings andwife, Euphemia B Stallings, recorded in Book 230, page 217, Johnston CountyRegistry, executed a deed conveying tracts of land in Clayton Township, JohnstonCounty, North Carolina, to J Ransom Creech, Treasurer of Johnston County, andrecorded in Book 311, page 136, Johnston County Registry; andWHEREAS, Second Tract in said deed from Paul D Grady, Trustee, accuratelydescribed a 511 acre tract of land designated as Lot 11 of the W T Stallingsproperty as shown on plat by R G Ball, Engineer, dated January, 1917, said tractbeing located on the east side of Spring Branch and being joined on the East byA Horne and Sons; andWHEREAS, on or about October 23, 1935, Rena Hill Mallard, Treasurer ofJohnston County, purported to convey the same said 511 acre tract of land toMilton D Mimms and wife, Mildred Mimms, predecessors in title to the Granteeherein by deed recorded in Book 325, page 373, Johnston County Registry; andWHEREAS, the description as set forth in said deed recorded in Book 325,page 373, Johnston County Registry, is erroneous in that several calls in the sameare reversed in variance to the description in the deed by which Grantor acquiredtitle to the said tract recorded in Book 311, page 136, Johnston County Registry,and the description as set forth in said later deed needs to be corrected; andWHEREAS, the Grantee herein has requested the Board of Commissioners of theCounty of Johnston to execute and deliver to her a quitclaim deed correcting thedescription to said property in order that the title to the same may be cleared inher as a purchaser from grantees of said Milton D Mimms and wife, Mildred Mimms;andWHEREAS, the Board of Commissioners of the County of Johnston, at theirregular monthly meeting held December 3, 1979, has authorized the appropriateofficials of the County of Johnston to execute this said quitclaim deedNOW, THEREFORE, for and in consideration of the aforesaid premises, Grantordoes hereby quitclaim, remise and release all that certain tract of land in ClaytonTownship, Johnston County, more particularly described as followsi rDecember 3, 1979 ContBEGINNING at an iron stake, a corner of the W T, Stallings property in theline of A Horne Sons and J A Barbour Son, and running thenceNorth 80 degree15 minutes West 2,309 feet to a stake in the center of Spring Branch, thence alongand with said Spring Branch to another stake in the center of said branch; thenceeast 2,027 feet to a stake in the line of A, Horne Sons;-thence North 3 degrees15 minutes east 800 feet to an iron stake, the point of BEGINNING, containing 51,1acres, more or less, and designated as Lot No, 11 of the W T, Stallings Propertyas shown on plat by R G Ball, Engineer, dated January, 1917, to which referenceis hereby made for a more particular description, This is the same propertyconveyed by J Ransom Creech, Treasurer of Johnston County, and his successors inOffice, by deed of Paul D Grady, Trustee, dated April 19, 1933, and recorded inBook 311, page 136, Johnston County RegistryThis quitclaim deed is given by the County of Johnston for the purpose ofcorrecting the description of said tract as set forth in deed from Rena Hill MallarTreasurer of Johnston County, to Milton D Mimms and wife, Mildred Mimms, datedOctober 23, 1935, and recorded in Book 325, page 373, Johnston County Registry,IN WITNESS WHEREOF, the said Grantor has caused these presents to besigned in its name by its Chairman and the corporate seal of the County of Johnstonto be hereto affixed and attested by its Secretary, all by authority and order ofsaid Board of Commissioners duly given, this, the day and year first above writtenTHE BOARD OF COMMISSIONERS OF THECOUNTY OF JOHNSTONBY Norman C Denning, SEALAttestEleanor N Creech Affix Corporate SealSecretary24 Ordinance - Water SupplyUpon the recommendation of the Johnston County Board of Health,Commissioner John M Booker moved that the Revised Well Ordinance, which is basedon the State guidelines and an up -date of the 1969 Ordinance, be adopted Thisordinance recorded in the Johnston County Ordinance Book # 1,Commissioner James W Cash seconded the motion which was carried byunanimous vote25 Howard Gower Property - Airport Approach EasementW R Britt, County Attorney, again discussed with the board theHowardGower property,with regard to the airport approach easement and Mr Gowersrequest for property damages because of the airport approach easement Mr Brittadvised the board members that Mr Gower had agreed to reduce the damages paymentfrom 1,500 per acre to 1,000 per acreThe board advised Mr Britt they would take this under advisement26 Budget Amendment - Jail and Autopsy FeesCommissioner J E Rogerson moved that budget amendments be made in thefollowing mannerFrom Contingency Fund 4099979 12,60000To Jail Salaries Part -Time 1052003 12,60000From Contingency Fund 4099979 9,00000To Autopsy Fees 1060045 9,00000Commissioner Frank B Holding seconded the motion which was carried byunanimous voteUpon a motion by Commissioner John M Booker, duly seconded byCommissioner J E Rogerson and carried by unanimous vote, the board recessed tomeet again?Monday, December 17, 1979, at 12 oclock noon, in the CommissionersRoom of the Johnston County Courthouse, Smithfield, North Carolina,iEleanor N Creech, ClerkNorman C Denning, ChairmanjjaUl mi