July 6, 1982 - 10:00 AM - County Board of Commissioners Meeting Minutes

Meeting of Board of Commissioners for the County of JohnstonJuly 6, 1982The Johnston CountyBoard of Commissioners met in regular session on Tuesday, July6, 1982, at 10 oclock am, in the Commissioners Room of the Johnston County Courthouse,Smithfield, North Carolina, with the following members presentNorman C Denning, Chairman, Frank B Holding, Vice Chairman, James,W Cash,John M Booker, DVM, and Howard Benton Commissioner Holding arrived at 1030 amMembers Absent NoneThe Chairman called the meeting to order and the following business was transacted1 MinutesThe minutes of the June 7th, 22nd and 28th board meetings stand approved as recorded2 Recreation Grant Extension - 4 -H Extension ServiceCommissioner Howard Benton moved that the Johnston County 4 -H Extension Service begranted a ninety 90 day extension for the expenditure of their Revenue Sharing RecreationGrant for 1981 -82 This extension grant period will expire September 30, 1982Commissioner James W Cash seconded the motion which was carried3 Cable Television - Dogwood Forest SubdivisionThe County Manager explained to the board he had received a letter from Alert CableTV of North Carolina requesting permission to extend services to Dogwood Forest Subdivisionlocated six - tenths 6 of a mile outside the city limits of Clayton, and that the servicearea map be amended to include this areaCommissioner Howard Benton moved to approve the extension of cable televisionservice tothe Dogwood Forest Subdivision area located six - tenths 6 of a mile outside thecity limits of Clayton and that the service area map on file be amended to include this areavote;Commissioner John M Booker seconded the motion which was carried by the followingAyes Howard Benton, John M Booker, and Norman C DenningNays NoneAbstaining James W Cash4 Insurance Contract - AwardedThe County Manager reviewed with the board bid proposals received to handle all thecountys insurance coverage as follows1 Floors Insurance AgencyPrinceton, N C 36,0002 Max G Creech Insurance and Realty, IncSmithfield, N C 40,2603 Ray Mulky Insurance and RealtyBenson, N C 43,066The County Manager further explained the low bid was submitted by Ray Floors,Floors Insurance Agency, Princeton, N C, however, Mr Floors asked that his bid be withdrawnbecause he overlooked the requirement for automobile comprehensive and collision coverageWhen he added this coverage, his price exceeded the second low bidThe County Managersrecommendation was to award a contract to Max G CreechInsurance Agency to provide the countys insurance coverage for a three year period effectiveJuly 1, 1982 The cost for years two and three to be negotiatedAfter discussion, Commissioner John M Booker moved that the contract to handle thecountys insurance needs for a three year period be awarded to Max G Creech Insurance Agency,Smithfield, N C, as per the quoted bid price, effective July 1, 1982Commissioner James W Cash seconded the motion which was carriedI ?aJuly 6th Continued5 Banking Contract - AwardedThe County Manager reviewed very thoroughly with the board four proposals received tohandle the countys banking needs as follows1 Bank of Pine Level offered two of the sixteen services;2 The Carolina Bank offered all sixteen services plus the opportunity to investinRepurchase Agreements subject to the following;a the minimum amount for investing in Repurchase Agreements is 25,000 inmultiples of 1,000b the county must maintain a checking account minim of 84,000 to offsetthe expenses in handling the accounts3 Branch Banking and Trust Compare offered all sixteen ervices plus RepurchaseAgreements and the opportunity to pool all money for in estments with automaticinvestment servicesFor deposits invested daily in Repurchase Agreements, t e following was offered;a 25,000 - 95,000 - 3 below the Federal Fund Rate averageb 100,000 and above - 1 below the Federal Fund Rate average4 First Citizens Bank and Trust Company offered all six een services plusRepurchase Agreements and the opportunity to pool all m ney for investments withautomatic investment servicesFor deposits invested daily in Repurchase Agreements, t?e bank offers an interestrate to the county of 1 -12 below the Federal Fund Rat averagein addition to all services offered by Branch Banking and Trust, First Citizensoffers;a to bid aggressively on Certificates of Deposit of S100,000 or moreb to make loans through various development corporat ons at preferred ratesfor the purpose of installing water lines in the c untyThe County Manager explained that banks in the countywere gi en the opportunity tobid on sixteen services to be provided to the county He stated further that in fair judgementof the bidding process he recommends that First Citizens Bank and Trust Company be awarded thecontract to handle all county banking requirements as per their quotation for a two 2 yearperiod effective July 1, 1982, as they submitted the superior bidAfter further discussion, Commissioner James W Cash moved that the two year bankingcontract be awarded to First Citizens Bank and Trust Company, Smithfield, North Carolina, asthey submitted the superior bidvote- Commissioner John M Booker seconded the motion which was carried by the followingAyes James W Cash, John M Booker, DVM, and Norman C DenningNays NoneAbstaining Frank B Holding and Howard Benton6 State Funds for Migrant WorkersiState Senator Bob Warren met with the board advising that the General Assembly hadapproved a bill he introduced to appropriate funds to reimburse counties for servicesnecessitated by the presence of migrant farm workers in North CarolinaSenator Warren told the board that 30,000 had been appropriated to Sampson Countyand 20,000 to Johnston County for the fiscal year 1982 -1983, effective July 1, 1982, however,these funds would not become part of the continuation state budget7 Auction of County PropertyCommissioner Frank B Holding moved that certain county property list filed in Officeof County Manager be declared surplus property and further that the County Manager beauthorized to advertise and sell this property at public auctionCommissioner John M Booker seconded the motion which was carried by unanimous voteJuly 6th Continued8 Retirement - Tax Shelter for Local EmployeesThe County Manager advised the board that the 1981 General Assembly enactedlegislation which allows counties to adopt a resolution that will allow tax sheltering theemployees contribution, to the Local Governmental Retirement System He stated further thatother counties and the State of North Carolina have approved the retirement tax shelter forits employeesRESOLUTION TO ELECT A TAX SHELTER OF EMPLOYEES CONTRIBUTIONS PAYABLE AS MEMBERSOF THE NORTH CAROLINA LOCAL GOVERNMENTAL EMPLOYEES RETIREMENT SYSTEMWHEREAS, the 1981 Session 1982 Regular Session of the North Carolina GeneralAssembly, by a duly ratified bill effective July 1, 1982, enacted North Carolina GeneralStatute 128 -30 b1, -see copy filed with clerk, which under the conditions specified thereinpermits an employer participating in the North Carolina Local Governmental EmployeesRetirement System to tax shelter the contributions payable tothis System by its employees whoare members of this System; andWHEREAS, this employer is an employer participating in the North Carolina LocalGovernmental Employees Retirement System with respect to its eligible employees; and,WHEREAS, this employer deems it desirable to tax shelter the contributions payableby its employees as members of the North Carolina Local Governmental Employees RetirementSystemNOW, THEREFORE, BE IT RESOLVED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS inregularsession, that as of July 1, 1982, the County of Johnston elects pursuant to theprovisions of North Carolina General Statute 128 -30 bl to pick up and pay to the NorthCarolina Local Governmental Employees Retirement System the contributions which would beotherwise payable to this System by its employees who are members of this System and to treatin all respects such contributions in the manner specified in said North Carolina GeneralStatute 128 -30 blUpon motion of Commissioner Howard Benton and seconded by Commissioner Frank BHolding, the above resolution was introduced and adopted The number voting in the affirmativewas fiveand the number voting in the negative was zero9 Appointments - Library Board of TrusteesCommissioner James W Cash moved that Lucy T DeLaine of Clayton and Harold Medlinof Benson be reappointed to the Library Board of Trustees for three year terms expiring June30, 1985Commissioner Frank B Holding seconded the motion which was carried10 Trash Pick -up - County Buildings Town of SmithfieldThe board again discussed the Town of Smithfields new policy to charge the countyfor garbage the town collects from county buildings located within the towns city limitsThe Chairman asked that Commissioner Howard Benton and Kramer Jackson, CountyManager, meet with the town officials to discuss this matter further to see what they canwork out11 Subdivision - R H McElveenUpon the recommendation of the County Planner, Commissioner Howard Benton movedthat the R H McElveen Subdivision Edith N Davis, Administrator, Cleveland Township,located at the intersection of NC 42 and NC 50, 5 lots, be approved and the Chairmanauthorized to execute the platCommissioner James W Cash seconded the motion which was carried12 Subdivision - H W WindtUpon the recommendation of the County Planner, Commissioner James W Cash movedthat the H W Windley Subdivision, ONeals Township, located SR # 2105, 6 lots, be approvedand the Chairman authorized to execute the platCommissioner Howard Benton seconded the motion which was carried1Iil245July 6th Continued13 Voting Delegate - County Commissioners ConferenceCommissioner Frank B Holding moved that Commissioner James W Cash be designatedas Johnston Countys Voting Delegate to the North Carolina Association of County CommissionersAnnual Conference to be held in Raleigh August 12 - 14thtCommissioner John M Booker seconded the motion which was carried14 Computer Contract - AwardedThe County Manager advised the board that the county mailed out requests for bidsfor a Data General CS- 10 -CR3 mini- computer for the CountyFinance Office, and the responsewas one bid received from Continental Wayne Corporation, at a bid price of 26,300 for thisequipmentAfter discussion, Commissioner Howard Benton moved thatthe contract to furnish thecounty with a mini - computer for the Finance Office be awarded to Continental Wayne Corporationat the bid price of 26,300Commissioner John M Booker seconded the motion which was carried15 Bulldozer and Tilt Frame for Landfill - Contracts AwardedThe County Manager advised the board that the county mailed out requests for bidsfor one new crawler tractor bulldozer and one hydraulic tilt frame assembly to be used at theJohnston County LandfillThree bids were received and reviewed on each piece of equipmentAfter discussion, Commissioner Frank B Holding moved that the contract to furnishthe county with one new crawler tractor bulldozer for the county landfill be awarded to NorthCarolina Equipment Company, low bidder, at a bid price of 49,840, purchase with trade -inCommissioner Howard Benton seconded the motion which was carried by unanimous voteAfter further discussion of the tilt frame assembly, Commissioner James W Cashmoved that the contract to furnish the county with one hydraulic tilt frame assembly with areeving winch for the county landfill be awarded to Kabco, Incorporated, at a bid price of12,68750Commissioner Howard Benton seconded the motion which was carried by unanimous vote16 Central Johnston County Wastewater Facilities - User Charge Rates AdoptedTim Broome of Ragsdale Consultants explained and reviewed with the board user chargesfor the treating of wastewater by the countys central wastewater treatment facility MrBroome explained with a years experience they were able to more accurately determine what thenew rates should be, as some of the towns rates are down and some are upThe new rates are based on 1 calculation methods which have been approved by theEnvironmental Protection Agency; 2 this past years metered wastewater flow with modestallowances for anticipated growth; 3 wastewater treatment costs ;provided by each unit; 4technical assistance from Ragsdale Consultantsin conjunction with the county staffAfter much discussion and consideration, Commissioner James W Cash moved that theUser Charge Rates for the fiscal year 1982 -1983 be adopted as followsTown of Smithfield Monthly Charge Q x 0338 + nr 0008 + Q x 0210sm 1000 gal 1000 gal 1000 gal+ 69580 + Waste Strength SurchargeTown of Selma Monthly Charge Q x 0358 x 0012 + 7,37182s 1000 gal + Qsubi 1000 gal+ Waste Strength SurchargeTown of Four Oaks Monthly Charge Q x 0760 +Q x 0590H 1000 gal F 1000 gal+ Water Strength SurchargeTown of Pine Level Monthly Charge QPL x 0906 + 7150 + Waste Strength1000 gal SurchargeWest Smithfield Sanitary District Monthly Charge + 8456 + WasteQWiSD x 03181000 galStrength Surcharge?IJuly 6th ContinuedSummary of Other Charges 1 Septic Waste Pumpings 350 per 1000 gallonsno change2 Waste Strength Surchargea BODS 212 mg l 0055lb down 0005b SS 250 mg l 0045 lb down 0005Commissioner Howard Benton secondedthe motion which was carried by unanimous vote17 Water Tank at Kenly - To Be PaintedThe County Manager told the board he had received a letter fromthe Town of Kenlystating they are preparing to receive bids for repair and painting of their 100,000 gallonelevated water tank The county manager further advised that Ragsdale Consultants hadinspected the county water tank at the industrial site and had found that it needs paintingalso Mayor Whitehurst feels that it could possibly save the county and the town money ifthey would do these jobs at the same time under one contractThe board inquired as to how much it would cost the county to paint the water tankand the engineer advised approximately 23,000 The board also questioned if thetank couldpossibly wait awhile They were advised by the engineer present that the tank could waitpossibly another year, however, waiting would decrease the life of the-tankAfter discussion, Commissioner Frank B Holding moved that the county water tankat the Industrial Park near Kenly be painted and further that the funds be appropriated fromthe Revenue Sharing FundCommissioner James W Cash seconded the motion which was carried by unanimous vote18 Water Tank at Cutter LaboratoriesCommissioner Frank B Holding moved that Ragsdale Consultants be authorized toinspect the county water tank at Cutter Laboratories to determine the condition of this tankat this time, especially because of the absolute necessity for the sterilization of water atCutter LaboratoriesCommissioner John M Booker seconded the motion which was carried by unanimous vote19 Nursing Home Facility - Tax Exempt Bonds Authorized Mr Bud Amburn, President, George Williams Investment Group, renewed a request thathad been presented to the Board of Commissioners about a year ago to allow an investment groupto use tax exempt revenue bonds to build a nursing center on Barbour Road in West SmithfieldMr Amburn pointed out the needs for a nursing home facility of this type in JohnstonCounty He stated they propose a facility with 180 beds, with 120 beds designated for inter-mediate care,patients and 60 beds for rest -home patients Mr Amburn further stated that hisgroup intends to invest approximately 26 million dollars and employ 75 to 80 people withabout 90 per cent coming from Johnston CountyInfurther discussion, the Social Services Director commented on the nursing homefacility proposal pointing out that about 126 Johnston County residents are housed infacilities outside the county and he favored a facility of this type and would be for it onhumanitarian grounds If the board agrees to approve this request and authorizes tax - exempt bonds for thenew nursing home, Mr Amburn requested they designate three persons,to serve on a non - profitcorporation under and pursuant to the provisions of the North Carolina Non - Profit CorporationAct Chapter 55A of the General StatutesAfter much discussion and consideration, Commissioner Howard Benton moved theadoption of the ,resolution authorizing the creation of a non - profit corporation to financethe acquisition and construction of a 180 bed nursing home facility through the sale ofrevenue bonds that impose no liability upon the county, with the county taking title to theproject when the bonds have been retiredvoteCommissioner James W Cash seconded the motion which was carried by the followingAyes Howard Benton, James W Cash, John M Booker, DVM, Frank B Holdingand Norman C DenningNays Nonei{ Iii,K20July 6th ContinuedSTATE OF NORTH CAROLINACOUNTY OF JOHNSTONRESOLUTION DECLARING THE INTENTION -OF THE COUNTY OF JOHNSTON,NORTH CAROLINA,WITH RESPECT TO THE PROPOSED PLAN OF FINANCING THE COST OF CONSTRUCTING AHEALTH CARE FACILITY IN THE COUNTY OF JOHNSTON BY A NON - PROFIT CORPORATION,AND AGREEMENT TO ACCEPT A GRANT TO THE COUNTY OF JOHNSTON OF TITLE TO SUCHHEALTH CARE FACILITY UPON RETIREMENT OF THE BONDS TO BE ISSUED PURSUANT TOSUCH PROPOSED PLANWHEREAS, the County of Johnston, a political subdivision of the State of NorthCarolina, hereinafter called the County , is advised by Clifford Uzzle, Suzanne Cook, andTom Hinnant, hereinafter called Incorporators , that they will, if authorized for and onbehalf of the County cause to be organized and incorporated a non- profit corporation underand pursuant to the provisions of the North Carolina Non- Profit Corporation Act as set outin Chapter 55th of the General Statutes, said Corporation to be known as Health DevelopmentServices, Incorporated, hereinafter called the Corporation , solely for the ofmaking a health and nursing care facility available to the citizens and inhab ?urposetants of theCounty; andWHEREAS, the Corporation will cause to be constructed the health ca?e facilitywhich shall be within the territorial limits of the County, and which facility is hereinaftercalled the Project , and upon retirement of the bonds and notes hereinafter mentioned, willdonate, or cause to be donated, said property to the County; andWHEREAS, in order to finance the cost of the Project, the Corporation will issueits bonds and notes, the principal of and interest on which shall be payable solely from therevenues to be derived from the operation of the Project; andWHEREAS, proceeds from the sale of said bonds and notes will be used solely for thespecific corporate purpose of providing funds for the financing of the construction of theProject, and the Corporation has not made and does not intend to makeany profit by reasonof any business in which it may engage or by reason of the construction of the Project and itssubsequent operation, and no part of the Corporations net income and earnings, if any, willinhre to the benefit of any person, firm, or corporation except the County, and theCorporations sole purpose of existence is to provide financing for and to assist in makingavailable a health care facility for the citizens and inhabitants of the County; andWHEREAS, the authority and power of the Corporation will be vested in a Board ofDirectors who are interested in the progress of such activities and in the general health ofthe citizens and inhabitants of the County; andWHEREAS, the transaction contemplates andprovides an arrangement whereby all right,title, and interest in and to all the real and personal property, including the Project, shallbe donated to and vest in the county upon the retirement of said bonds, and the County hasdetermined and does hereby find and determine that such Project and planof financing hereindescribed, is in the best interest of the health and welfare of the citizens and inhabitantsof the County, and it is proper and appropriate that the County declare its intention tocooperate in such transaction upon the terms and conditions hereinafter set forth; andWHEREAS, the Incorporators have requested the County to indicate to them itsintention in this respect in order to induce them and their agents, attorneys and otherprofessional advisors to proceed with the development of the project and to incur expensesin connection therewith, and the Countys participation in this plan of financing the Projectand its acquisition of the Project upon retirement of said bonds and notes will qualify suchbonds and notes as tax - exempt obligations for purposes of the Internal Revenue Code of 1954,as amended, which will result in a reduction of the Corporations interest expenses withrespect to financing of the Project,and the willingness of the County to participate in theProject and accept title to such facilities upon retirement of said bonds and notes is animportant factor under consideration by the Incorporators and their advisors in determiningthe financial feasibility of the construction of the Project;NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OFJOHNSTON, NORTH CAROLINA1 The creation of a non - profit corporation for the purpose described in theforegoing recitals is hereby approved, but each director of the Corporation must be approvedby the County Board of Commissioners and shall be subject to removal by the County Board ofCommissioners with or without cause, and the proposed By -Laws to be ad pted by the Corporationshall remain subject to the approval of the County2 In order to induce the Incorporators to incur expenses for the initiation ofthe financing of the Project, the County through its Board of Commissioners hereby consentsto accept as a gift the unencumbered fee simple title to the real and personal propertyconstituting the - Project upon retirement of said bonds and notes to be issued by the Corporatifor the purpose of financing the cost of the construction of the Project3 The Resolution of the Corporation authorizing issuance of the bonds and executionof supporting documents including, without limitation, a trust indenture and any mortgage orloan agreement, shall be in such definitive forms as shall be acceptable to the County, andapproval thereof shall be evidenced by Resolution of the Board of Commissioners of JohnstonCounty248July 6th Continued4 Nothing contained herein shall be construed to create any obligation, direct,indirect or contingent, on the part of the County or any member of the Board of Commissionersof Johnston County; to pay any part of the cost of the Project or any expense of the operationof the Project or of such financing or to pay the principal of or interest on any proposedbonds and notes or to operate or maintain the Project, either in the event of,a default orfailure by the Corporation or at such time as the transfer of the Project to the County shallbecome absolute, nor shall the County be under any obligation to continue operating the Projectas a health care facility after title has passed to the County, and the bonds and notes to beissued by the Corporation shall not constitute the debt or obligation of the County or anymember of the Board of Commissioners of Johnston County5 This Resolution shall become effective immediately upon its passage this 6thday of July, 1982Moved by Howard Benton, Commissioner, seconded by James W Cash, Commissioner, andvoted upon in a duly announced public meeting of the Board of Commissioners of Johnston County,held in accord with the requirements of North Carolina law, this the 6th day of July, 1982,Those voting aye were; HowardBenton, James W Cash, John M Booker, Frank B Holding andNorman C Denning Those voting nay were; None20 Non- Profit Corporation for Nursing Home FacilityThe board members submitted names to the Chairman for recommendations to the Non-Profit Corporation for the Nursing Home FacilityCommissioner Frank B Holding moved that the Chairman be authorized to select threepeople from this list to be named to the Non - Profit CorporationCommissioner Howard Benton seconded the motion which was carried by unanimous voteUpon a motion by Commissioner Frank B Holding, duly seconded by Commissioner JohnM Booker, and carried by unanimous vote, the board recessed to meet again on Tuesday, July27, 1982, at 730 pmNorman C Denning, ChairmanIEleanor N CreechClerk to the Boardaa1,?1iDetailsAnnotationsEntry PropertiesModified11192013 13031 PMCreated4222003 74133 AMTemplateMinutesFieldsMinutes - TypeRegularMinutes - Date761982Book17