February 5, 1979 - 10:00 AM - County Board of Commissioners Meeting Minutes

Next page1 8Fit widthMeeting of Board of Commissioners for County of JohnstonFebruary 5 1979The Johnston County Board of Commissioners met in regular session Monday,February 5, 1979, in the Commissioners Room of the Johnston County Courthouse,Smithfield, North Carolina at 10 oclock am, with the following members presentNorman C Denning, Chairman, Frank B Holding, Vice Chairman, James W Cash,John M Booker, DVM, and J E RogersonMembers Absent NoneNorman C Denning, Chairman, called the meeting to order and the followingbusiness was transacted1 Minutes - ApprovedThe Board of Commissioners reviewed the minutes of the January 2, 1979,board meetingCommissioner J E Rogerson moved that the minutes of the January 2, 1979,board meeting be approved as recordedCommissioner James W Cash seconded the motion which was carriedunanimously2 Literary Fund Loan Application - ResolutionThe following resolution was offered by J E Rogerson and seconded byFrank B Holding Resolved by the Board of County Commissioners of Johnston County1 That for properly maintaining the school term in District No ,School, Johnston Administrative Unit, as required by Article IX, Section3, of the Constitution and the General Statutes of the State of North Carolina, itis necessary that certain improvements be made therein of the following characterHere set out character of improvements as specified in application -2 That in order to provide said improvements it is necessary that thesum of one hundred sixty three thousand Dollars 163,000 be obtained by borrowingthe same, to be used by the Johnston County Board of Education for said purpose3 That the Board of County Commissioners of Johnston County does herebyapprove` of and authorize the application for, and procurement of, a loan for saidpurpose from the State Literary Fund of the State of North Carolina, operated underG S 115, Article II, and said Board does - hereby authori-ze and direct; that allnecessary steps be taken to procure said loan under the termsof said statutes andthe rules and regulations of the State Board of Education governing the making ofloans from said fund, and the Chairman and Clerk to this Board are hereby authorized,empowered and directed for and on behalf of this board to join with the JohnstonCounty Board of Education in making the necessary applicationtherefore, and to takesuch action under this resolution and under said statutes, rules and regulations asmay be necessary for said purposes The County accountant is hereby authorized anddirected to make application to the Local Government Commission for approval of theissuance of such notes4 That the Board of Commissioners of Johnston County hereby agrees tolevy, at the appropriate tax levying period in each and every year, upon all taxableproperty in said county, ad valorem taxes at a rate sufficient to meet the interestand principal payments on such part of the loan requested herein as may be approvedby the Sate Board of Education, and thereby provide the funds necessary each andevery year to meet and repay the interest and principal payments due on each approveloan, under the terms of the statute by authority of which the said loan is made,and in accordance with the rules and regulations of the State Board of Educationgoverning such loanThe resolution was duly adopted by the following vote Those voting in theaffirmative were J E Rogerson, Frank B Holding, John M Booker, James W Cashand Norman C Denning Those voting in the Negative were None3 Road Petition - Secondary Road # 2515Mr Leon S Tynerand John Massey of Route # 2, Smithfield, N C, met withthe board requesting the paving of S R # 2515 The board explained that this roacarries a paving priority number of 238, which is a very low rating Mr Tynertold the board he would like for the maintenance to be improved on this road Thechairman and board members assured Mr Tyner and Mr Massey they would ask PaulAnderson, District Engineer, to visit this road and also to go over the priorityrating with him53 9Commissioner Frank B Holding seconded the motion which was carriedun an imoual y,5 Electrical Inspector - Town of ClaytonAs requested by the Town of Clayton Board of Commissioners, CommissionerJames W Cash moved that James Hagwood be appointed as the County ElectricalInspector for the Clayton Municipal System to inspect parts of the Clayton systemoutside the corporate city limitCommissioner J E Rogerson seconded the motion which was carried unanimously6 Seaboard Coast Line Railroad - Right of Way - Smithfield -Selma 201Upon a motion by Commissioner Frank B Holding, duly seconded by CommissionerJames W Cash and carried unanimously, the following right of way resolution wasadoptedBE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS of the County of JohnstonNorth Carolina, in regular meeting assembled that the Chairman of said Board be,and he hereby is, authorized to enter into an agreement with the SEABOARD COAST LINERAILROAD COMPANY, AND TO sign same on behalf of said County whereby said RAILROADCompany grants unto said County the right or license to install and maintain, forthe purpose of two sewer mains and one water main, lines of pipe across the right -of -way and under track of said Railroad Company at or near Smithfield, NorthCarolina, as particularly described in said agreement, which agreement is datedNovember 13, 1978, a copy of which agreement is filed with this Board of CountyCommissioners7 Water and Sewer to New Industry - Penn Compression Moulding, IncCommissioner Frank B Holding moved that Kramer Jackson, County Administratorbe authorized to make application to the Governors Office for EDA DiscretioneryFunds to run water and sewer lines to a new industry under construction betweenSmithfield and Selma, Penn Compression Moulding, Incorporated Commissioner Holdingfurther moved that Kramer Jackson, County Administrator, also, be authorized toapply and sign all the necessary papers for State Clean WaterBond funds to helpfinance the water and sewer project to Penn Compression Moulding, IncCommissioner John M Booker seconded the motion which was carriedunanimously8 Water and Sewer - Penn Compression — EngineeringCommissioner J E Rogerson moved that Ragsdale Engineers of Smithfield beauthorized to proceed with the plans and specifications for construction of waterand sewer lines to the site of Penn Compression Moulding, IncCommissioner James W Cash seconded the motion which was carried by thefollowing voteAye J E Rogerson Nay NoneJames W Cash Abstaining Frank B HoldingNorman C DenningJohn M Booker9 Wastewater - Pine Level -Four Oaks 201 - State GrantCommissioner J E Rogerson moved that the county accept a state grantfunded from the Pollution Control Account of the Clean Water Fund, North CarolinaDepartment of Natural Resources, in the amount of 287,025 to help finance thePine Level - Four Oaks 201 Wastewater Facility ProjectCommissioner John M Booker seconded the motion which was carriedunanimously10 Automobiles - Sheriffs DepartmentCommissioner John M Booker moved that Kramer Jackson, County Administrator,be authorized to purchase under State Contract five 5 1979 Malibu Chevroletautomobiles with 350 engines for the Johnston County Sheriffs Departmentto bedelivered as soon as possibleCommissioner J E Rogerson seconded the motion which was carriedunanimouslyThe Commissioners asked several car dealers to meet with them to see ifthey could offer a competitive bid, as compared to the State price These dealersindicated they really need more time, but at this time they could not compete withthe price offered underthe State contractFebruary 5, 1979 Cont11 Tax Assessment - Personal PropertyThe Board of Commissioners again discussed with concern the county -widerevaluation and the effect the new real estate valuations will have on propertyowners The tax office has reported a large number of complaints onthe new realestate values In an effort to relieve some of the tax burden, the board discussecthe 107o ratio of the real estate value used to assess personal propertyAfter discussion, Commissioner Frank B Holding moved that the ten percent 10 ratio of the real estate valuation used to assess the taxpayerspersonal property be reduced to a six per cent 6 ratioCommissioner J E Rogerson seconded the motion which was carriedunanimously12 Road PetitionsRoad petitions were considered by the board for secondary roads 2146, 1554,and 1359Commissioner Frank B Holding moved that these petitions be approved andforwarded to the North Carolina Department of Transportation for considerationCommissioner John M Booker seconded the motion which was carriedunanimously13 Town of Benson - FHA Loan - Wastewater Treatment FacilityWhitley Hood, Mayor, Town of Benson, by letter, advised the board thatBenson has applied to the Farmers Home Administration for financial assistanceto construct anew waste treatment plant in accordance with the 201 Facility Planfor the Dunn - Benson -Erwin area Mayor Hood explained that FHA requires that thisfacility be consistent with county 201 facility plansAfter discussion, Commissioner J E Rogerson moved that Mayor Hood beadvised by Kramer Jackson, County Administrator, that this proposed waste treat-ment plant plans are found to be consistent with the overall county wastewaterplansCommissioner Frank B Holding seconded the motion which was carriedunanimously14 Library - Roof FundsKramer Jackson, County Administrator, advised the board that fundsappropriated to the Public Library of Johnston County and Smithfield for thereplacement of the roof 1978 -79 Budget will be returned to the county as theLibrary Board has determined these fundswill not-be-needed15, 15, Library - AppointmentCommissioner Frank B Holding moved that Mrs Ellen Charles R Watson,Route # 2, Kenly, N C, be appointed to the Library Board of Trustees to fill theunexpired term of Mrs Ray Boyette, This term expires June 30, 1981Commissioner John M Booker seconded the motion which was carriedunanimously16 Clayton — Library Funds RequestedKramer Jackson, County Administrator, received a request from the ClaytonPublic Library Committee seeking county funds of 15,000 for the Clayton PublicLibrary Building FundCommissioner James W Cash reported that the Clayton Library Committeehas raised over 50,000 toward the construction of a new library building withhopes to start this project within another yearThe board instructed Mr Jackson to assure the Clayton Library Committeethat the County intends to appropriate 15,000 in the next fiscal years budgetor when the funds are needed for the construction of a new Clayton Library17 Census of Agriculture - 1978Commissioner J E Rogerson moved that the Board of Commissioners adopta Proclamation encouraging and urging Johnston County farmers to fill out andreturn the 1978 Census of Agriculture ReportsCommissioner James W Cash seconded the motion which was carriedunanimouslyMFebruary 5, 1919 Cont18 Soil Survey ReportBill Harrell, Supervisor, Johnston Soil and Water Conservation District, metwith the board reporting on the progress of the county soil survey Mr Harrelladvised that approximately 46 of the countys soil has been mapped and they arenow working along I -95 and Highway 70 Mr Harrell also told the board he believesthe Soil Survey will be completed by 1983 as scheduled, if they can keep the twofull -time and one part -time soil scientists now working in Johnston CountyMr Harrell asked the Board of Commissioners for permission to change thepublications scale in the soil survey work plan from 1 20,000 feet to 1 24,00feetCommissioner John M Booker moved that the above request be approvedCommissioner Frank B Holding seconded the motion which was carriedunanimously19 Rachael Havwood ProDertThe Board of Commissioners was again asked to consider an extension of timefor Pernell Wilder to redeem the Rachael Haywood property which was foreclosedby the county for delinquent property taxes Reference minutes pages 392;403; 407; 432; It was explained that Rachael Haywood is now deceased and thismatter needs-to be settledAfter discussion, Commissioner Frank B Holding moved that Pernell Wilderbe allowed another thirty days 30 to settle the matter of the Rachael Haywoodproperty tax foreclosure; with the understanding there will be no further extensionof time allowed to Mr WilderCommissioner James W Cash seconded the motion which was carried unanimously20 Local Game LawsKramer Jackson, County Administrator, advised the board the North CarolinaConservation Law Study Committee has completed its work on a proposed revision ofthe States Game Law and is making recommendations to the General Assembly, ifenacted, would repeal many local wildlife laws, Mr Jackson related the followinglocal laws to be repealed, unless specifically preservedA Local laws to be repealed, unless specifically preservedGS 113 - 1251909Makes it unlawful for the owner or any person having the care of apointer or setter dog to permit the same to run at large unmuzzledduring the breeding season of quail, namely, from April 1 to September 1SL 1975, c 269Prohibits flashing artificial light between 1100 pm and one-half hourbefore sunrise from a motor - driven conveyance beyond surface of roadwayin areas frequented by game animals, except by persons on their own landor on land leased for agricultural purposesSL 1975, c 342;Prohibits hunting deer with dogs or allowing dogs to chase deerB Local fox laws to be repealedNoneC Local laws to be rendered ineffective by change in the general lawSL 1961, c 1056Exempts county from the provision of GS 113 -841 which authorizes thefixing of seasons and bag limits for bullfrogsThe Board of Commissioners took no action on the above local game laws21 Quit Claim Deed - Beatrice WatsonUpon a motion by Commissioner Frank B Holding, duly seconded by CommissioneJ E Rogerson and carried unanimously, the following Quit Claim Deed was grantedto Beatrice Watsona _542February 5, 1979 ContNORTH CAROLINAJOHNSTON COUNTYTHIS QUITCLAIM DEED made and entered into this 5th day of February, 1979,by and between the BOARD OF COMMISSIONERS FOR THE COUNTY OF JOHNSTON, State ofNorth Carolina, party of the first part; and BEATRICE WATSON, party of the secondpart;WITNESSETHThat whereas the property hereinafter described is a portion of the propertconveyed to party of the first part in deed of W J Hooks, Commissioner, asrecorded in Book 357 page 463, Johnston County, in Tax Foreclosure Action Number8733; andWhereas John W Watson and wife Ada Watson received said property by deedin 1943 as shown by deed recorded in Book 450 page 388, Johnston County Registry,and held this property by adverse possession from 1943 until their deaths in 1961;and whereas their daughter, Beatrice Watson, has held said lot by adverse possessifrom 1961 until the present time; and whereas Russell Dublin had sold the saidproperty in 1919 to Ed Williams as shown in Deed Book 52 page 302, Johnston CountyRegistry; andWhereas no quitclaim deed was executed by party of the first part to partyof the second part; andWhereas at this regular monthly meeting held on February 5, 1979, partyof the first part has authorized the execution by its proper officials of a quit-claim deed to party of the second part in order to remove any cloud upon her titleresulting from the earlier Commissioners deed recorded in Book 357 page 463,Johnston County Registry;NOW, THEREFORE, in consideration of the premises, the said Board ofCommissioners for the County of Johnston has remised, released and forever quit-claimed, and by these presents does for itself, and its successors and assigns,justly and absolutely remise, release and forever quitclaim unto the said party ofthe second part and her heirs and assigns, all such right, title and interest asit has or ought to have in or to that certain lot or parcel of land lying and beinin Smithfield Township, Johnston County, North Carolina, and more particularlydescribed as followsLot Number Twenty -three 23 according to a plot of the suburb of theTown of Smithfield situated east of the Atlantic Coast Line Railroad known asLowell and recorded in the Office of the Register of Deeds of said county in BookX No 8 page 234, reference to which plot is made for a more particularly descrip-tion bounded as follows BEGINNING at a stake on Martin Street, corner Lot No 22,runs thence along the edge of Martin Street S18 degrees E 52 12 feet to astake, corner Lot No 24; thence S 72 degrees W 167 feet to a stake, corner Lots24, 32, and 33; thence N 18 West 52 12 feet to a stake, corner Lots Nos 22, 33,and 34; thence N 72 East 167 feet to the BEGINNINGTO HAVE AND TO HOLD the above released premises unto her, the said partyof the second part, her heirs and assigns, to their only proper use and behoofforever, so that the grantor herein, nor any other body, corporation, person orpersons, inits name and behalf, shall or will hereafter claim or deman any rightor title to the premises, or any part thereof; but that it and they by thesepresents shall be forever barredIN WITNESS WHEREOF, the said party of the first part, Board of Commissionefor the County of Johnston, has caused these presents to be signed in its name byits Chairman and the corporate seal of the County of Johnstonto be hereto affixedand attested by its Secretary, all by authority and order of said Board ofCommissioners duly given, this the day and year first above writtenTHE BOARD OF COMMISSIONERS FOR THECOUNTY OF JOHNSTONBY Norman C Denning SEALCHAIRMANCORPORATE SEALATTESTEleanor N CreechSECRETARYiIIFebruary 5, „1979 Cont22 CETA Consortium Advisory CommitteeCommissioner Norman C Denning made the following appointments to theCETA Consortium Advisory CommitteeEvelyn Ray CETA CoordinatorNathan Sykes Vocational EducatorQ K Wall Secondary EducatorNorman C Denning Elected OfficialR A Busby Industrial FirmBruce Woodard AgriculturalThe Board of Commissioners concurred in Chairman Dennings appointments23 Firemens Pension Fund - Columbus CountyThe Board of Commissioners of Columbus County wrote seeking support fromthe Johnston County Board of Commissioners of a resolution passed by their boardrequesting local representatives to introduce legislation which will allow theFiremens Pension Fund to be open and the retroactive membership to be allowedThe board took no action on this matteri24 Night Deposit Bag - Tax CollectorCommissioner James W Cash moved that the Johnston County Tax Collectorbe authorized to appoint a person or persons from the office staff to pick upthe night deposit bag from First Citizens Bank and Trust Company for the JohnstonCounty Tax Collectors OfficeCommissioner John M Booker seconded the motion which was carriedunanimously25 New DeputySheriff George Johnson introduced a new deputy, Tracy Bullard, to theBoard of County Commissioners26 Emergency Medical ServicesCommissioner J E Rogerson moved that the Board of Commissioners supportthe development and establishment of a coordinated regional emergency medicalservice system and encourage the efforts of the councils administration of the1203 grant application and implementation of this programCommissioner James W Cash seconded the motion which was carriedunanimously27 WIC - Sales Tax RefundKramer Jackson, County Administrator, told the board the WIC 1Tomen, Infantand Children Programs one cents sales tax money has been refunded to the countyand the Health Department is requesting these funds to employ a SwitchboardOperator Chairman Denning who serves on the Health Board stated this departmentneeds this positionThe other board members did not agree that the Health Department neededthis position No action was taken28 Tax Releases and RefundsJohnnie Stott, Tax Supervisor, met with the board and presented thefollowing requests of releases and refunds for the boards consideration1 Allen Johnston Fertilizer and Oil Company, Inc, Banner Townshiprequests a release of tax bill of 301257 which includes 12787penalty This request is made by Mr Whitley Hood who purchasedAllen Johnston Fertilizer and Oil Company, Inc, during 1977 Theequipment etc, was listed by Mr Hood The bill was prepared as aresult of no answers to our follow up phone calls We listed inaccord with what was listed in 1977Recommendation That this be released2 Rosa Beasley Johnson - Route 1, Box 135, Smithfield, North Carolina,Cleveland Township - requests a refund in the amount of 17536 forover payment of 1976 taxes Mrs Johnson came in at a time otherthan listing period and listed personal property Mr Johnson alsolisted the propertyRecommendation That this be refunded544February 5, 1979 ContCommissioner J E Rogerson moved that request number 1 Allen JohnstonFertilizer and Oil Company, Inc, Banner Township be released as recommended bythe Tax SupervisorCommissioner Frank B Holding seconded the motion which was carriedunanimouslyCommissioner Frank B Holding moved that request number 2 Rosa BeasleyJohnson, Cleveland Township be refunded as recommended by the Tax SupervisorCommissioner John M Booker seconded the motion which was carriedunanimously29 Tax Listing PeriodCommissioner John M Booker moved that no penalty be assessed to anyonewho listed their property for taxation through Friday, February 2, 1979; thisapplies to a mailing postmark or anyone who listed with a tax list taker throughthis dateCommissioner Frank B Holding seconded the motion which was carriedunanimouslyk30 Bingo House Bill 158Kramer Jackson, County Administrator, advised that Representative BarneyPaul Woodard is seeking the Board of Commissioners` opinion on House Bill 158Bingo Raffle Games Limited Operation This bill would establish a statewide lawto authorize and regulate the operation of raffle or bingo games by qualifiednon - profit organizations; would expressly repeal all general or local lawspermitting such games in counties or towns After discussion, Commissioner Frank B Holding moved that JohnstonCounty not be exempt from House Bill 158Commissioner John M Booker seconded the motion which was carriedunanimously31 ReportsThe following reports were filed with the Board; Tax Collector, VeteransOffice; Dog Warden, Library, Electrical Inspector, Recreation Grants32 Highway - District EngineerPaul Anderson, District Engineer, North Carolina Department of Transport-ation, met with the board and discussed several road petitions Mr Anderson madean appointment for Mr Herring, Highway Councilman, and Mr R F Coleman, DivisiorEngineer, to meet with the Board of Commissioners on March 5, 1979, at 330 pm33 Property - Grover Creech Seeks Right-of-WayGrover Creech Medical Center Pharmacy met with the board seekingpermission to use county property located between Dr Whartons property andEighth Street Mr Creech told the board he would pave and landscape thisproperty, if granted permission or right -of -way Mr Creech plans to buildadditional offices for doctors offices and needs access across county propertyThe board asked Mr Creech to go before the Hospital Board of Trusteesas this transaction will effect hospital property, and if the Hospital Board ofTrustees approve the Board of Commissioners will concurUpon a motion by Commissioner John M Booker, duly seconded by CommissionerFrank B Holding and carried unanimously, the board adjournedEleanor N Creech, Clerk,tNorman C Denning, Chairmarif¦Wrtil?