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

Meeting of Board of Commissioners for Johnston CountyDecember 6,198The Johnston County Board of Commissioners met in regular session on Monday, December6, 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, HowardBenton and John M Booker, DVMMembers Absent NoneThe Chairman called the meeting to order and the following business was transacted1 MinutesThe minutes of the November 1, 1982, board meeting stand approved as recordedThe Chairman asked if there was any old business that needed attention at this timeThere was no old business for discussionAt this time the board meeting was recessed to the Superior Courtroom for the swearingin of the elected officials County Commissioners taking the oath of office were Norman CDenning, Frank B Holding and James W CashReturning to the County Commissioners Room, the meeting was called to order2 Reorganization of the Board of County CommissionersNorman C Denning asked the Clerk to the Board to preside in the election of aChairman of the new boardThe Clerk called for nominations for Chairman of the Johnston County Board ofCommissioners to serve a one year termCommissioner Frank B Holding moved that Norman C Denning be nominated for Chairmanof the Board of County CommissionersCommissioner Howard Benton seconded the motionThe Clerk called for any other nominations for ChairmanCommissioner John M Booker moved that the nominations be closedCommissioner Frank B Holding seconded the motion which was carriedNorman C Denning was elected Chairman of the Johnston County Board of Commissionersby unanimous voteThe Clerk turned the meeting over to the Chairman for the election of a Vice ChairmanThe Chairman called for nominations for Vice Chairman of the Johnston County Board ofCommissioners to serve a one year termCommissioner James W Cash moved that Frank B Holding be nominated for Vice Chairmanof the Board of County CommissionersCommissioner Howard Benton seconded the motionThe Chairman called for any other nominations for Vice ChairmanCommissioner John M Booker moved that the nominations be closedCommissioner James W Cash seconded the motion which was carriedFrank B Holding was elected Vice Chairman of the Johnston County Board of Commissionersby unanimous voteThe Chairman called the meeting to order for new business3 PUBLIC HEARING - PROPOSED SUBDIVISION REGULATIONS AMENDMENTSPursuant to North Carolina General Statutes, and after due advertisement a Public Heawas called and held on the proposed Subdivision Regulations AmendmentsUpon a motion by Commissioner Howard Benton, duly seconded by Commissioner Frank BHolding and carried, the Public Hearing on Proposed Subdivision Regulations was opened270December 6, 1982 ContinuediThe Chairman called for anyone that wished to be heard concerning the proposedSubdivision changes There being no one present to speak opposing the amendments, the Chairmanasked the County Planner to review the amendments with the board After review and discussion,the County Planner advised that the Planning Board recommended these changesAfter review and discussion, and there being no opposition, Commissioner James W Cashmoved that the Public Hearing be closedCommissioner John M Booker seconded the motion which was carried by unanimous voteAt this time, Commissioner James W Cash moved that the Subdivision RegulationsAmendments be approved as presentedCommissioner Frank B Holding seconded the motion which was carried by unanimous voteSee Ordinance Book; Page 148 - 151 Book # 14 Subdivision Regulation Variance Request - Oak Ridge SubdivisionMs Nancy D Clifton, owner of Oak Ridge Subdivision, and Red Cannaday, Developer,met with the board seeking a variance to the Subdivision Regulations, Section 9, paragraph901 Block Length stating; blocks shall not be less than 400 feet nor more than 1,320 feetin length except where, in the opinion of the Planning Board, existing conditions justify amodification of this requirementNorman B Grantham, Chairman, Johnston County Planning Board, and Harold Blizzard,County Planner, advised the board that this subdivision does not meet the SubdivisionRegulations as the block length exceeds the regulations requirements Section 9, paragraph901 Block Length by 455 feet Mr Grantham further advised that the Planning Board did notfeel it feasible to approve this variance because of the excessive distance in the blocklengthThe Planning Board and the County Planner had advised the owner and the developerthat the block length on the North side of Oak Ridge Drive must be reduced to no less than`400 feet nor more than 1,320 feet by dedicating to the boundary a 60 foot right-of-waynecessary to provide for street access to the adjoining property and also, since no lots willbe served by Clifton Drive, it is not necessary to actually build the road and instead onlydedicate a right -of -way to the boundaryIn laying out the subdivision plans, the engineer was advised by the County Planner ofthe required block lengths The owner and the developer stated they would lose an area of alot size if the variance was not granted, however, the boardadvised they must abide by theSubdivision Regulations and the decision of the Planning Board, and agreed at this point, thatthe variance request should not be grantedUpon a motion by Commissioner Frank B Holding, duly seconded by Commissioner John MBooker and carried, the variance request for the Oak Ridge Subdivision was deniedAfter this action, Mrs Lola Delbridge, adjoining property owner to the Oak RidgeSubdivision, Pleasant Grove Township, spoke with the board regarding the development of thissubdivision, asking that the board require the developer to abide strictly by the CountySubdivision Regulations5 Subdivision - Hubert Glenn ThompsonUpon the recommendation of the County Planner, Commissioner Howard Benton moved thatthe Hubert Glenn Thompson Subdivision, Ingrams Township, located on S R # 1150 approximatelyone mile north of Hannah Creek, 3 lots, be approved and the Chairman authorized to execute theplatCommissioner James W Cash seconded the motion which was carried by unanimous vote6 Wilsons Mills Community Development ProjectMs Madie Bridges and a delegation of Wilsons Mills residents, met with the board todiscuss the Wilsons Mills Community Development Project application which was not approved bythe StateIn discussion, the County Manager advised the board that out of over 200 applicationsJohnston County ranked 95th and only 47 projects were funded The reasons the Wilsons Millsapplication was not approved were explained by the County Manager; 1 the State does notwant communityorganizations operating community facilities such asthe water system in WilsonsMills; 2 the State wants all roads to be paved if they are to be improved; 3 the Statewants some sort of housing code to enforce housing rehabilitation In further discussion, theManager advised that the county could reapply for Community Development funds for WilsonsMills next yearDecember 6th continuedMs Bridges and the Wilsons Mills delegation asked that the County Board ofCommissioners reapply for a Community Development Grant for the Wilsons Mills community Theboard assured this group they would do everything possible to help the Wilsons Mills communityAfter further discussion, Commissioner Frank B Holding moved that the County Managerbe instructed to write a letter on behalf of the Wilsons Mills Community, expressing regretthat the grant application was not approved at this time, and further moved that the Countyreapply for Community Development funds for Wilsons Mills with the States suggested changesin the new application, and further that the county intends to participate and cooperate tohelp get this grant forWilsonfs MillsCommissioner James W Cash seconded the motion which was carried by unanimous vote7 Jail ReportKramer Jackson, County Manager submitted the following Jail Report to the boardREPORT ON THE JAILMEETING On Tuesday morning, November 30th, a meeting was held in the office of theCounty Manager with the following people present Thomas A Ritter, Department of HumanResources; Robert G Lewis, Jail Consultant; Harry McGee, Architect; George Johnson, Sheriff;Freddy Narron, Chief Deputy; and Kramer JacksonThe purpose of the meeting was to discuss the two major problems with the JohnstonCounty JailNEWSPAPER ARTICLE A recent newspaper article pointed out the incident of a fire in aMississippi jail and speculated whether or not a similar threat existed in the Johnston CountyJail The article further explained that the county had been instructed by the Department ofHuman Resources to build a second egress for the Jail The newspaper article triggered avisit from WRAL TV in which the Sheriff was interviewed in reference to the second jail exitrequirement The head of the State Jail Detention Branch is under pressure to bring about asolution to the problem in Johnston County He is under pressure from his superiors, thepublic, and the press It has been suggested to him that he take whatever action necessaryto insure that Johnston County move rapidly toward resolving the problemCONDITION OF THE PHYSICAL FACILITY The Johnston County Jail is located on the topfloor of the county courthouse The Jail has a maximum approved capacity for 39 prisonersThe Courthouse is a fire resistant building With the exception of wood work, furniture, andaccessories, there is very little about the Courthouse subject to burn The Department ofInsurance estimates that should a fire break out in the Courthouse, one and one half to threehours would be required to burn the building The county has smoke detectors installed in theJail to provide early warning in the event of a fire The county has installed a fire hosefrom the ground level to the jail This would enable the fire department to connect a waterhose directly on the ground level and use the hose presently installed within the Jail Thereis a stairwell exit on the east end of the Courthouse This stairwell is 5 6 in width Thiswould allow the Jail to be emptied rapidly in the event of a fire There is an escape ladderto the roof of the Courthouse which would allow prisoners to climb to the roof in an emergency``The Smithfield Fire Department has a truck - mounted ladder long enough to reach the roof of theCourthouse It is estimated that the elevator could empty the jail in fifteen minutesApproximately three minutes would be required to transport seven people from the Jail to the3rd floor level The county has an emergency generator sufficient to supply all the electricalneeds to the Courthouse should there be a power failure The Jail has no ducts to channelsmoke from other parts of the building into the Jail area The windows in the Jail open toallow ventilation in the event of heavy smoke There is also a large ceiling fan which couldbe used to remove the smoke from the Jail The condition of the physical facility in the Jailis such that the Jail must be considered at least 75 safe from the smoke problem found in manyother jails Since fire seldom is the cause of death in jail facilities, the removal of smokebecomes a primary concernMAJOR PROBLEM The major problem with the Johnston County Jail is the problem of over-crowded conditions This problem is considered more serious than the problem of not having asecond stairwell The maximum allowed capacity is 39 For the period of January, 1982,through October, 1982, the average daily prisoners in the Jail was 4418 The lowest monthlyaverage was 39 maximum capacity and the highest monthly average was 58 At no time duringthese ten months was there less than 12 prisoners The highest number of prisoners on anygiven day was 70 The problem of not having a second fire exit becomes critical when theovercrowded conditions exist It is at this time that the Jail is the most difficult tomanageTHE IMMEDIATE PROBLEM The most immediate problem concerns providing a second fireexit for the Jail The problem is made more critical because of the possibility of loss ofhuman life The difficulty of building a second fire exit is brought about by building codeswhich require an enclosed stairwell from the basement to the top floor of the Courthouse Itis estimated that the cost will exceed 100,000oDecember 6th ContinuedaSECOND EGRESS COMPROMISE The county must make plans to construct a second fire exitor the county can take certain precautions which will serve as a compromise In lieu ofbuilding the second exit to the Jail, the county may enter into a contract with the Departmentof Human Resources The contract would set out the following requirements1 Increase fire safety training for Jail personnel and require other law enforcementpersonnel to be trained as a back -up group2 Provide for additional fire safety equipment This would include the purchase ofa life support air pack An air pack resembles a scuba diving outfit Approx•-imately thirty minutes of oxygen is contained in a tank The cost of an air packis 9003 Require a documented county fire inspection program conducted by the Fire Marshal4 Maintain at all times an adequate number of Jail employees5 Request the Jail Detention Branch to issue an order limiting the number of inmatesto be locked up Should the county and the Department of Human Resources agree tothe contract, the Human Resources Department would require the county to agree tothe followinga The county must select a site for a new jail immediatelyb The county must select an architect for the new jailC The architect must submit preliminary plans to the Department of HumanResources by a certain dated The architect must submit final plans for approval by a certain datee Actual construction must begin by a certain dateSOLUTION The solution to the problem can be summarized as follows1 Authorize the construction of a second fire exit and proceed with plans toconstruct a new jail2 Formulate plans to construct a new Jail immediately and adopt the necessarycontract to allow continued use of the present Jail until the new Jail is readyConstructing the second fire exit to the Jail will not solve the primary problem ofovercrowded conditions Overcrowded conditions can only be solved through the constructionof a new jail It is estimated that the cost of a new jail will be approximately 40,400 percell The national average is 50,000 a cell The 40,400 figure is derived at based on thecontractfor a new jail in Halifax County Halifax County, with a population of 55,286, isbuilding a new jail with a capacity of 75 The bid price on the jail is 3,034,873 Basedon the circumstances in Halifax County, I would estimate the Johnston County Jail to cost4,000,000 This would provide a jail with a 100 inmate capacity In the meantime theDistrict Attorney should be urged to concentrate vigorously on doing everything possible toreduce the daily number of prisoners being held awaiting trial The Judges should be urgedto use their influence to help unclog the pipes in the judicial system There is everyreason to believe that the overcrowded conditions can be alleviated considerably with theconcentrated effort of officials in the judicial systemFINANCING I am convinced that elected officials and appointed officials understandthe problems associated with the jail and are anxious to take necessary action to correct theproblems, The problem is financial The county does not have 4,000,000 to construct a newjail unless there is a successful general obligation bond election or unless the board isamiable to increasing the ad valorem tax rate At least five years will be required to saveenough moneyIt is conceivable to establish a non - profit corporation which would lease the propertyfrom the county and build a jail Following construction, the corporation would lease thebuilding back to the county for an annual rental fee which would over a period of time pay forthe cost of construction CLOSING REMARK A recent study of over 2,500 county jails revealed that approximately89 of the nations jails are overcrowded, understaffed, and outmoded The study found anaverage of 61 of the prisoners detained pending sentencing The jail problem is certainlynot unique to Johnston County Traditionally, jails have a low priority and are consideredunpopular and too costly Meanwhile, as County Commissioners, you are burdened with theresponsibility to provide a jail which meets the required standards of, the State and FederalgovernmentiiriDecember 6th ContinuedAfter, review of this report, Commissioner Howard Benton remarked that this is not acurrent problem, it has been going on for some time and that he would like to see some longrange planning for a jail and other facilities, as this is a problem that the county mustface in the near future Commissioner John M Booker and Commissioner James W Cash agreedthat the county needs some long range planningIn discussion, board members agreed that steps had been taken to try and eliminatefire hazards in the county jail and that the Sheriff has kept the jail in an orderly manner inan effort to meet state regulationsAt this time, the board agreed to take this matter under advisement8 Request for Additional Deputies - Sheriffs DepartmentSheriff George Johnson and Freddy Narron, Chief Deputy, met with the board regardingthe Sheriffs previous request for additional deputies Sheriff Johnson stated that hissituation has not changed , he still needs additional deputies The Sheriff also asked theboard to consider additional office space for the Detective Division, stating that office spaceis available in the Davis Building owned by Berkau and Levinson, AttorneysAfter discussion, the board deferred action on this request at this time9 Jail and Sheriffs Department - EquipmentAs the Sheriff and Chief Deputy were present at this time, the board again discussedthe Jail and Sheriffs Department The County Manager recommended an air pack for the jailThe air pack would provide the jailor with thirty minutes of air that would enable him tounlock cells to evacuate prisoners in case of a fire and heavy smokeThe board also discussed blue lights for deputies cars that are not equipped withblue lights at this timeAfter discussion, Commissioner Frank B Holding moved that an air pack be purchasedfor the county jail and that blue lights be purchased for the deputies cars that are not_equipwith lightsCommissioner Howard Benton seconded the motion which was carried by unanimous vote10 Hospital Reserve for Renovation ProjectCommissioner Howard Benton, who serves as Chairman of the Hospital Board of Trustees,reported to the board that the 500,000 set aside for the hospital modernization project isstill in reserve to be used for this purpose11 Appointment - Board of HealthCommissioner Howard Benton moved that Dr Thomas M Johnson of Smithfield be reappointedto the Johnston County Board of Health for a three year term This term will expire on December31, 1985Commissioner James W Cash seconded the motion which was carried by unanimous vote12 Appointment - Mental Health BoardCommissioner Frank B Holding moved that Dr Thomas M Daniel of Smithfield be appointedto the Johnston County Area Mental Health Board for a four year term This term will expire onOctober 1, 1986Commissioner Howard Benton seconded the motionwhich was carried by unanimous vote13 Resolution - Policy and Procedures for AppointmentsAt the request of the board, the County Manager presented each commissioner with ahandbook with all board appointments and including a Resolution for Establishment of Policyand Procedures for Appointments to County Boards, Commissions, Committees or Authorities In studying this resolution the board decided to take it under advisement until nextmonth14 Budget Amendment - Home Health ProgramUpon a motion by Commissioner Frank B Holding, duly seconded by Commissioner John MBooker and carried, the following budget amendment for theHome Health Program was approvedRevenues Increase 10351982524,78300Expenditures Increase 105138121 Salaries 16,00000105138181 FICA 1,05000105138182 Retirement 1,30000105138183 Insurance 92000105138185 Unemployment 10000105138239 Medical Sup 1,16300I74December 6, 1982 ContinuedExpenditures Increase 105138311 Travel 2,00000105138321 Tel Postage 50000105138491 Dues Subscriptions 75000105138693 PT Contract 1,0000015 Budget Amendment - Maternal Child Health ProgramUpon a motion by Commissioner Howard Benton, duly seconded by Commissioner John MBooker and carried, the following budget amendment for the Maternal Child Health Program wasapprovedRevenues Increase 103519826 2,68200Expenditures Increase 105150311 75000105150312 50000105150395 35000105150240 1,0820016 Johnston Technical College - Diesel Mechanics Building FundsThe County Manager reminded the board that on August 18, 1981, the board authorizedJohnnie Stott to advise Dr John Tart of the countys commitment of 200,000 to be used towardthe construction of a diesel mechanics building at Johnston Tech 100,000 of the 200,000was approved and transferred to the Technical College during the past fiscal year Dr Tartis now requesting the additional 100,000 topay construction costs The County Managerexplained that the 100,000 was not budgeted in this fiscal year 82 -83, and asked the boardfor approval of a transfer from the Contingency Fund to the Technical CollegeCommissioner Howard Benton moved that the request be granted and that 100,000 betransferred from the Contingency Fund to the Technical College to be used for constructioncost of the diesel mechanics buildingCommissioner James W Cash seconded the motion which was carried by unanimous vote17 National Association of County Commissioners - Service Fee RequestedThe County Manager explained that NACo has requested from the county a service fee inthe amount of 383, payable by December 31, 1982, to help the National Association with a cashdeficit of over two million dollars In a report to the board, the County Manager explainedthat the cash deficit was caused by unauthorized staff decisions and excessive monies thatwere spent, without justification, on the new NACo Headquarters BuildingAfter discussion, Commissioner Frank B Holding moved that the request for a servicefee in the amount of 383 to the National Association of County Commissioners be deniedCommissioner John M Booker seconded the motion which was carried by unanimous vote18 Banner Fire District Boundary - Extension Area of Harnett CountyUpon a motion by Commissioner Howard Benton, duly seconded by Commissioner James WCash and carried by unanimous vote, the following description describing an area of Johnstonand Harnett Counties pursuant to G S 153AO233 for the Banner Fire District was adopted;BANNER FIRE DISTRICTJohnston County and Harnett CountyServed by Benson Fire DepartmentBEGINNING at point 1 in Harnett County on Road 1551, 04 mile northwest of itsintersection with Road 1703; thence northeasterly into Johnston County to point 2 on Road1303, 01 mike north of its intersection with Road 1168; thence northeasterly to point 3on Road 1168, 04 mile northeast of its intersection with load 1304; thence southeasterly topoint 4 on NC Highway 50, 10 mile northwest of its intersection with Road 1304; thencesoutheasterly to point 5 on Road 1331, 02 mile north of its intersection with Road 1359;thence northeasterly to point 6 on Road 1358, 04 mile northwest of its intersection withRoad 1168; thence easterly to point 7 on Road 1168, 01 mile north of its intersection withRoad 1358; thence northeasterly to point 8 on Road 1357, 01 mile north of its intersectionwith US Highway 301; thence northeasterly to point 9 on Road 1330, 03 mile northwest ofits intersection with US Highway 301; thence southeasterly along the centerline of Road 1330to point 10 at its intersection with US Highway 301; thence southerly to point 11 onRoad 1227, 03 mile northeast of its intersection with Road 1171; thence southeasterly to point12 on Interstate 95, 04 mile northeast of its intersection with Road 1171; thence southerlyto point 13 on Road 1158, 03 mile east of its intersection with Road 1171; thence southerlyto point 14 on Road 1171, 04 mile southeast of its intersection with Road 1211; thencesouthwesterly to point 15 on Road 1143, 08 mile northeast of its intersection with NCrrlDecember 6, ContinuedHighway 50, 03 mile east of its intersection with 1105; thence southerly to point 17 onRoad 1105, 14 miles southeast of its intersection with NC Highway 50; thence southwesterlyto point 18 at the intersection of NC Highway 242 and Road 1106; thence northwesterly topoint 19 on Road 1107 at the Johnston- Harnett County Line; thence northwesterly into HarnettCounty to point 20 on Road 1809, 16 miles southeast of its intersection with the Johnston -Harnett County Line; thence westerly to point 21 on Road 1709, 05 mile north of its inter-section with Road 1808; thence northwesterly to point 22 at the intersection of Roads 1810and 1805; thence northwesterly to point 23 on US Highway 301, 04 mile northeast of itsintersection with Road 1707; thence westerly to point 24 on Road 1707, 04 mile northwestof its intersection with US Highway 301; thence northwesterly to point 25 on Road 1711,02 mile west of its intersection with Road 1707; thence northeasterly to point 26 on Road1707, 02 mile north of its intersection with Road 1711; thence northerly to point 27 onRoad 1707, 07 mile south of its intersection with Road 1708, excluding property on Road 1707between this and the preceding point; thence northwesterly to point 28 on Road 1705, 03mile south of its intersection with Road 1706; thence northwesterly to point 29 on Road 1704,07 mile west of its intersection with Road 1705; thence northerly to point 30 on Road 1703,07 mile southwest of its intersection with NC Highway 27; thence northerly to point 31 onNC Highway 27, 03 mile southeast of its intersection with Road 1562; thence northerly topoint 1, the beginning All of the area within the City Limits of Benson is excluded fromthis district NOTE Points 21,22, 23, and 24 are adjoining points with Averasboro InsuranceFire District This description describesan area of Johnston and Harnett Counties pursuantto General Statutes 153AO233 for insurance grading purposes only19 Appointments to County Boards and AgenciesNorman C Denning, Chairman, made the following appointments to various county boards,agencies and committeesFrank B Holding County Industrial Co- ordinatorLandfillJohn M Booker Mental Health BoardRescue SquadHoward Benton Capital Health SystemsCouncil on AgingJames W Cash Hospital BoardSocial Services BoardTriangle J Council of GovernmentsNorman C Denning Health BoardFire Departments20 Bentonville Fire District - Special Election Date SetCommissioner John M Booker moved that the Bentonville Fire District Election onwhether or not to impose a special fire tax in the Bentonville Fire District be set forFebruary 1, 1983Commissioner Frank B Holding seconded the motion which was carried by unanimousvote21 Cable TV - Kenly AreaThe board briefly discussed Cable TV in the Kenly area The board and the CountyManager ha ;ereceived inquiries about Cable TV service in this area It is the understanding,of the board at this time, that the system has not yet been built in Kenly22 County Tobacco Allotment PoundageIn discussion, the board indicated intentions to sell the countys tobacco allotment,as soon as the federal regulations are available in the County ASCS Office The board agreedto ask the Chairman and the County Manager to look into this matter23 Sheriffs Department - EquipmentThe board asked the Sheriff to report back to them advising of some of the equipmentneeded by his department In returning, the Sheriff asked for six 6 radio pagers for thedetectives, Sheriff and Chief Deputy; four 4 bullet -proof vests; and three 3 portableradiosIn discussion of this request and further discussion of the Sheriffs Department,the board told Sheriff Johnson they would not consider funds for additional deputies untilnext budget time FY 83 -84? pDecember 6, 1982 ContinuedAt this time, Commissioner Frank B Holding moved that the above request for six 6radio pagers; four 4 bullet -proof vests; and three 3 portable radios for the SheriffsDepartment be approved and funded by transferring 8,000 from the Contingency Fund to theSheriffs Department Budget This transfer of 8,000 from,the Contingency Fund to theSheriffs Department Budget is also to cover the expenditure approved earlier item # 9, page273 for blue lights and an air packCommissioner James W Cash- seconded the motion which was carried by unanimous vote24 Committee on Long -Range Building ProgramNorman C Denning, Chairman, appointed the following people to serve on a Committeeon Long -Range Building Program and asked that they meet and work on some long -range planninggiving the county jail facility top priority;Frank B, Holding, ChairmanKramer Jackson, SecretaryJohn M BookerJames W Cash25 Health Development Services, Incorporated - ResolutionHEALTH DEVELOPMENT SERVICES, INC, FIRST MORTGAGEHEALTH FACILITIES REVENUE BONDSGEORGE WILLIAMS INVESTMENT GROUP, INC PROJECTSERIES 1983WHEREAS, the Board of Commissioners of Johnston County, North Carolina, a politicalsubdivision of the State of North Carolina hereinafter called the Political Subdivision adopted a resolution at a meeting duly called and held on July 6, 1982, entitled, RESOLUTIONDECLARING THE INTENTION OF THE COUNTY OF JOHNSTON, NORTH CAROLINA, WITH RESPECT TO THE PROPOSEDPLAN OF FINANCING THE COST OF CONSTRUCTING A HEALTH CARE FACILITY IN THE COUNTY OF JOHNSTON BYA NON - PROFIT CORPORATION, AND AGREEMENT TO ACCEPT A GRANT TO THE COUNTY OF JOHNSTON OF TITLETO SUCH HEALTH CARE FACILITY UPON RETIREMENT OF THE BONDS TO BE ISSUED PURSUANT TO SUCHPROPOSED PLANWHEREAS, such Resolution 1 approved the creation of a non- profit corporation for thepurpose of making, on behalf of the Political Subdivision, a nursing home facility having 120skilled and intermediate care beds and 60 rest home beds hereinafter called the Project available to the citizens and inhabitants of the Political Subdivision and the surroundingarea; 2 consented to accept, as a gift, full legal title to the real and personal propertyconstituting the Project upon retirement of the indebtedness incurred by the non- profitcorporation with respect thereto; and 3 further provided that the form of Bond Resolutionof the non- profit corporation issuing the bonds, any trust indenture, mortgage and financingagreement with respect to the Project be approved by Resolution of the Political Subdivision; ;andWHEREAS, Health Development Services, Inc the Corporation has been duly organizedand is validly existing and in good standing as a non - profit corporation under the Constitutionand laws of the State of North Carolina, particularly an act entitled Non - Profit CorporationCode, N C Gen Stat 55A -1 et seq, as amended; andWHEREAS, the Corporation now proposes to issue 3,650,000 in aggregate principal - amountof its First Mortgage Health Facilities Revenue Bonds George Williams Investment Group, IncProject Series 1983 the Series 1983 Bonds , the proceeds of which will be used to pay thedirect and incidental expenses associated with the acquisition, construction and equipping of anursing home facility having 120 skilled and intermediate care beds and 60 rest home beds andthe issuance of the Series 1983 Bonds; andWHEREAS, the Corporations Articles of Incorporation require that the Political Subdivision must have approved the specific bonds or other obligations of the Corporation beforethe Corporation may issue same; andWHEREAS, there have been presented to the Board of Commissioners of Johnston County,North Carolina at this meeting copies of the forms of the following documents relating to thetransactions described above, which forms have been reviewed by the Board of Commissioners ofJohnston County, North Carolina;A Trust Indenture between the Corporation and North Carolina National Bank, Charlotte, North Carolina, as Trustee the Trustee , dated as of January 1,1983 the Indenture ;B Loan Agreement between the Corporation and George Williams Investment Group,,Inc the User , dated as of January 1, 1983 the Loan Agreement ;December 6, 1982 ContinuedC Bond Resolution of Corporation adopted December 3, 1982 the Bond Resolution ;D Registered Bond dated January 1, 1983, the said form being contained in theIndenture described in A above;E Promissory Note, dated as of January 1, 1983, from the User to the Issuer theNote ; andF Deed of Trust, dated as of January 1, 1983, from the User to the Issuer theMortgage ; andG Articles of Incorporation of the Corporation; andH By -laws of the CorporationWHEREAS, the forms of the Series 1983 Bonds specifically state thatNEITHER NORTH CAROLINA, NOR JOHNSTON COUNTY, NORTH CAROLINA, NOR ANY OTHER POLITICALSUBDIVISION OF SAID STATE SHALL BE OBLIGATED TO PAY THE PRINCIPAL OF, PREMIUM, IF ANY, ORINTEREST ON THE BONDS OR OTHER COSTS INCIDENT THERETO AND NEITHER THE TAXING POWER NOR THEFULL FAITH AND CREDIT OF THE STATE OF NORTH CAROLINA, JOHNSTON COUNTY, NORTH CAROLINA, ORANY OTHER POLITICAL SUBDIVISION OF SAID STATE IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL OF,PREMIUM, IF ANY, OR INTEREST ON THE BONDS OR OTHER COSTS INCIDENT THERETO, BUT THE BONDS ANDTHE INTEREST COUPONS APPERTAINING THERETO ARE LIMITED SPECIAL OBLIGATIONS OF THE ISSUERNOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Johnston County,North Carolina, as follows1 The financing of the cost of the Project by the Corporation will serve thevalid public purpose of making available to the citizens of the Political Subdivision and itsenvirons needed health care services and is hereby approved2 The issuance of the Series 1983 Bonds by the Corporation is hereby approved3 The documents listed above as A B C D E F G and Hpresented at this meeting are hereby approved, which documents shall be in substantially theforms submitted to thismeeting as hereinabove recited4 The Board of Commissioners of Johnston County, North Carolina hereby reaffirmsits agreement to accept, as a gift to the Political Subdivision, made in escrow at the dateof the issuance of the Bonds, of full legal title to the real and personal property constitutingthe Project, such title becoming fully vested upon retirment of the Bonds and any other indebt-edness incurred by the Corporation with respect thereto5 The Board of County Commissioners hereby approves the appointment of thefollowing persons as the initial members of the Board of Directors of the CorporationSuzanne B Cook, Willard B Hinnant, and George Clifford Uzzle6 This Resolution shall become effective immediately upon its passage This 6thday of December, 1982Moved by Commissioner Howard Benton, seconded by Commissioner James W Cash 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 6th day of December, 1982Those voting aye were Howard Benton, James W Cash, John M Booker, DVM, Frank B Holding, andNorman C Denning Those voting nay were none26 Tax Listers for 1983iUpon the recommendation of Johnnie Stott, Tax Administrator, Commissioner HowardBenton moved that the following tax listers for 1983 be approved;Banner MsErnestine GreerBentonvilleMrsMelvia WestbrookBeulahMrsGeorge PopeBoon HillMsZettie WoodardClaytonMrsLeon StevensClevelandMrsCharlie BarefootElevationMrsPauline MatthewsIngramsMrsVelma StewartMeadowMrsPerry ThorntonMicroClaudeAycockONealsMrsMarie JohnsonPine LevelMrsBarbara Aycock304 Hale St, Benson, NCRoute # 1, Four Oaks, NCRoute # 1, Box 230D, Kenly, NCRoute # 1, Box 259, Princeton, NC-Route # 2, Box 245, Clayton, NCRoute # 1, Box 229, Garner, NCRoute # 1, Box 220, Smithfield, NRoute # 1, Four Oaks, NCRoute # 1, Box 66, Newton Grove NBox 142, Micro, NCRoute # 3, Box 274, Kenly, NCP 0 Box 123, Micro, NCf278December 6, 1982 ContinuedPleasant Grove N A Hardee Route # 1, Box 133, Benson, NCSelma Ms Wanda Herring 408 W Waddell Street, Selma, NCSmithfield Tax Supervisors Office Smithfield, NCWilders Cecil Jones Route # 1, Wendell, NCWilsons Mills Dwight Youngblood Box 186, Wilsons Mills, NCRecommendations_l That each township with the exception of Smithfield assist twodays per week2 That the fee be set at 300 plus necessary mileage for each township3 New lister for 1983, needed to replace Jane Dean BarnesCommissioner John M Booker seconded the motion which was carried by unanimous vote27 Tax RefundsUpon the recommendation of Johnnie Stott, Tax Administrator, and upon the motion ofCommissioner Frank B Holding, duly seconded by Commissioner John M Booker and carried byunanimous vote, the following tax refunds were granted;R G Byrd, North Fort Myers, Florida; Property double listed since 1979Refund amount 69409Clayton Supply Company - paying taxes on property owned by Minnie Edwards;Ms Edwards also paid taxes on same property;Refund amount 1427928 Tax Receivables ReportJohnnie Stott, Tax Administrator, gave a report on the county -wide tax receivablefor the month of November, 198229 Tax - Utilities AppealJohnnie Stott, Tax Administrator, and Kramer Jackson, County Manager, talked with theboard regarding the three utility companies; Carolina Telephone, Southern Bell, and ColonialPipelines, that have asked the county to reduce their tax assessment rate to 5188 so thatit will be in line with other property owners assessments in the countyThe Tax Administrator reported there has already been meetings with representativesof these companies, and agreements have tentatively been reached for assessments of 72 Hefurther explained that if a ratio of 72 assessments can be finalized with these companies thecounty will be doing wellAfter discussion, Commissioner James W Cash moved that Johnnie Stott, TaxAdministrator, and W R Britt, County Attorney, be authorized to negotiate a settlement withthese three utility companies; 1 Carolina Telephone and Telegraph Company; 2 Southern BellTelephone and - Telegraph Company; and 3 Colonial Pipeline CorporationCommissioner Howard Benton seconded the motion which was carried by unanimous vote30 Highway Engineer - Department of TransportationWayne Bailey, District Engineer, and Paul Anderson, Assistant District Engineer,North Carolina Department of Transportation, met with the board and advised that the HighwayCommission was studying and considering changing the formula for the rating of unpavedsecondary roads Mr Bailey stated that the anticipated change will be six 6 points foroccupied homes instead of three 3 pointsThe board responded favorably to this proposed change31 Micro Water Association - Request Committed FundsThe County Manager told the board that the Micro Water Association has made a requestfor the 50,000 commitment made by the board for water improvements and budgeted in this fiscalyear It was explained that this money will be used to help dig a well and construct a 6 inchwater line from Oak Grove Inn north along Highway 301 to the county bulk container site,approximately 1600 feet,jDecember 6th ContinuedAfter discussion, Commissioner John M Booker moved that the Micro Water Associationrequest for the 50,000 for water improvements be grantedCommissioner James W Cash 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 adjournedNorman C Denning, ChairmanEleanor N CreechClerk to the Board