May 4, 1981 - 10:00 AM - County Board of Commissioners Meeting Minutes

Meeting of Board of Commissioners for the County of JohnstonMay 4, 1981The Johnston County Board of Commissioners met in regular session Monday, May 4, 1981,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, JohnM Booker, DVM, and Howard BentonMembers Absent NoneThe Chairman called the meeting to order and the following business was transacted1 MinutesThe board reviewed the minutes of the March 30, 1981, meeting Commissioner HowardBenton moved that the minutes of the March 30th meeting be approved as recordedCommissioner James W Cash seconded the motion which was carried by unanimous vote2 Redistricting of House Senate and Congressional R ODposedState Representative George Brannan met with the board and explained that realignmentof State and Federal legislative districts that include Johnston County was being consideredand must be resolved by the 1981 General Assetmbly Mr Brannan emphasized that JohnstonCountys representation has a very compatible relationship with the other counties in itsdistricts and asked the board to introduce and endorse resolutions that Johnston County remainin the same legislative districtsIn discussion the board emphasized its strong desire for Johnston County to remain inthe same state and federal legislative districts and introduced the following resolutionsCounty;RESOLUTIONWHEREAS, Johnston County is now in a North Carolina Senatorial District with SampsonWHEREAS, the people of Johnston County and Sampson County are compatible;AND WHEREAS, the Board of Commissioners deems it to be in the best interests of thepeople of Johnston County to remain in a Senatorial District with Sampson County;NOW, THEREFORE, upon motion by Commissioner John M Booker, and seconded byCommissioner Frank B Holding, it was unanimously resolved that the Board of Commissioners ofJohnston County go on record as favoring a Senatorial District composed of Johnston County andSampson County It was further ordered that a copy of this resolution be sent to the HonorableRobert Warren, State Senate, State Legislative Building, Raleigh, North CarolinaRESOLUTIONWHEREAS, Johnston County is now in a North Carolina House of Representatives Districtwith Franklin County;WHEREAS, the people of Johnston County and Franklin County are compatible;AND WHEREAS, the Board of Commissioners deems it to in the best interests of thepeople of Johnston County to remain in a North Carolina House of Representatives District withFranklin County,NOW, THEREFORE, upon motion by Commissioner John M- Booker, and seconded by CommissFrank B Holding, it was unanimously resolved that the Board of Commissioners of JohnstonCounty go on record as favoring a North Carolina House District composed of Johnston Countyand Franklin County It was further ordered that copies of this resolution be sent to theHonorable John Radford and the Honorable George Brannan, House of Representatives, StateLegislative Building, Raleigh, North CarolinaRESOLUTIONWHEREAS, Johnston County is now in the Third Congressional District;WHEREAS, the people of Johnston County are compatible with the people of the othercounties in said district;AND WHEREAS, the Board of Commissioners deems it to be in the best interest of thepeople of Johnston County to remain in the Third Congressional District;lMay 4, 1981 ContinuedNOW, TEIEREFORE, UPON motion by Commissioner John M Booker, and seconded by CommissionerHoward Benton, it was unanimously resolved that the Board of Commissioners of Johnston Countygoon record as favoring legislation that vould continue having Johnston County in the ThirdCongressional District It was further ordered that copies of this resolution be sent to theHonorable John Radford and the Honorable George Brannan, House of Representatives, StateLegislative Building, Raleigh, North Carolina; to the Honorable Robert Warren, State Senate,State Legislative Building, Raleigh, North Carolina; and to Congressman Charles Whitley, U SHouse of Representatives, Washington, D C3 County Sewer System - Administration and Contractors Over -runsTim Broome, Ragsdale Engineers, along with Hugh Talton, Smithfield, Dan Collins, Selma,Sam Godwin, Pine Level, Theodore Thornton, Four Oaks, and Duck Strickland, West SmithfieldSanitary District, met with the board regarding the administration of user charges for the newCounty Regional Wastewater System that serves these users and the contractors over -runs Indiscussion, Mr Strickland; Hugh Talton, and other town officials emphasized that it was theirunderstanding that the county as Lead Agency of the county wastewater system was to handleadministering the finances of this facility and to deal with any difficulty with the contractorsThe board explained that they wanted the towns to have some input in the administration and tobeaware of contractors over -runs The board also talked about the possible need in the futureof an authority or committee to deal with problems and to make recommendations to the Board ofCommissioners regarding the 201 facilities operations, maintenance and administration HughTalton reminded the board that Smithfield was treating all wastewaterTim Broome also advised the board and town representatives of possible liquidatimdamages with regard to contractors over -runs on Phase I and Phase II of the 201 facilityprojectAfter much discussion, Commissioner Frank B Holding moved that the County Planner,with the assistance of Tim Broom , Ragsdale Engineers, be authorized to administer on atemporary basis the billing for user charges for the new Regional Wastewater System thatserves Smithfield, Selma, West Smithfield, Pine Level and Four Oaks Commissioner Holdingfurther moved that Tim Broome, Harold Blizzard, County Planner, Billy Britt, County Attorneyand representatives from the towns be instructed to work together to make recommendationsregarding liquidated damages on this project for the over -run of completion dates CommissionerHoward Benton seconded the motion which was carried by unanimous voteAt this time, Tim Broome also advised the board, of afew minor changes in the RevisedUser Charge System Hugh Talton told the board that the Smithfield Water Plant was getting dangerouslyclose to reaching, maximum water capacity4 Operation Beautiful Month ProclaimedCarolyn Ennis; President, Keep Johnston County Beautiful, met with the board and gave areport on the progress of this organization Mrs Ennis told the board that Johnston Countyreceived the first place award for 1980 as the Best and Most Beautiful County in NorthCarolina , and further that over 400 trees were planted in Johnston County last year MrsEnnis asked the board to proclaim this month May as Operation Beautiful Clean -Up Month in Johnston CountyUpon a motion by Commissioner Frank B Holding, duly seconded by Commissioner John MBooker, the board hereby declared the month of May Keep Johnston County Beautiful Clean -UpMonth This resolution was unanimously passed5 Soil Conservation - Budget Request for 1981 -82Ermit Stancil, Chairman, Board of Supervisors, Johnston County Soil and Water Conser-vation District, and Bill Harrell, Supervisor, met with the board and presented their budgetrequest for the 1981 -82 fiscal year Mr Stancil explained that the Extension Service budgethad been bearing all the utility expenses for the Agricultural Building which included utilitiesfor the Soil Conservation Service This year the Soil Conservation Budget requests includesits share of the utility budget This budget request also includes travel reimbursement fora county soil technician Mr Stancil explained that the reason for this budget item wasbecause of a cut in federal funds In discussion of the Soil Conservation Budget request theBoard of Commissioners agreed that the Federal Government should fund the position if they arenot going to furnish transportationThe board took no action on this budget request at this timepending further budgetstudyMr Stancil also reminded the board of a Little River Watershed meeting to be held inZebulon on May 5, 19816 Council on Aging - Reallocation of FundsPat Cunningham, Executive Director, Johnston County Council on Aging, advised the boardthat nutrition funcbfor the Council on Aging are administered by the Triangle J Council ofGovernments Fiscal Department and when - received from the county,r,Qouncil on Aging forwards toTriangle J Ms Cunningham recently learned that the 1980 fiscal year budget was not exhaustedas there was money left in the Nutrition Budget in the amount of 2,22413 Ms Cunninghamasked for permission to use these funds in order to be able to continue the agencystransportation service through September of 1981, as the federal CETA funds will be exhaustedon June 30, 1981 Ms Cunningham further explained that several of the agencys bus driversare paid from CETA fundsAfter discussion, Comnissioner James W Cash moved that these funds be reallocated tothe Johnston County Council on Aging to be used for the agencys transportation programCommissioner Howard Benton seconded the motion which was carried by unanimous vote7 Regional Atlas - Funds RequestedJohnnie Stott, Interim County Administrator, brought to the boards attention that theNorth Carolina Department of Commerce has been working on the development of a regionalmarketing program to aggressively market its urban areas as prospective centers for businessand industrial expansion , and further that part of this program consist of a Regional Atlasto furnish specific information on each county in the Raleigh region Research Triangle UrbanRegion The total cost of this atlas will be 10,000 and Johnston Countys share based onpopulation will be 82200After discussion, Commissioner Howard Benton moved that 82200 be appropriated forJohnston Countys share of the Regional Atlas and that the following budget amendment be madeFrom Contingency Fund 82200 To Miscellaneous 1066057 82200Comnissioner James W Cash seconded the motion which was carried by unanimous vote8 R J Reynolds Tobacco AwardBruce Woodard, Chairman, Johnston County Extension Service, advised the board that aluncheon will be held Tuesday, May 26, 1981, at the McKinnon Center in Raleigh for thepresentation of the R J Reynolds Tobacco Award Ken Bateman, Tobacco Specialist, with theJohnston County Extension Service, will be the recipient of this award Mr Woodard invitedthe board members to attend this luncheon in Raleigh,9 Budget Amendment - Town of Kenly - Town of Princeton - 201 Wastewater StudyUpon a motion by Commissioner Frank B, Hblding, duly seconded by Commissioner James WCash and carried by unanimous vote, the following budget amendWj nt was madeFrom Contingency Fund 68034 To Town of Kenly 1081771 312,18Town of Princeton 1081772 368,1610 Johnston Technical College - Funds for BuildingThe board received a request from Johnston Technical College seeking funds from thecounty in the amount of 325,000 to help finance construction of a building that will cost725,000 for diesel mechanics, machine shop and truck driver schoolThe board discussed this request, however, deferred any action until budget makingtime11 Computer Equipment and Programs for TownsJohnnie Stott, Interim County Administrator, and Tax Supervisor, talked with the boardabout providing tax services to the municipalities since the county now has all its tax recordson computer Mr Stott advised that in order to provide these services the county needs topurchase hardware that will cost approximately 9,000 and programming that will cost 1,000Mr Stott indicated that all towns were enthusiastic and he had received favorable responsefrom six of the municipalitiesAfter discussion, Commissioner Frank BHBlding moved that the county offer county taxbilling computer services to the towns on a modest time -cost basis provided they are willingto furnish any hardware and software needed for these servicesComnissioner James W Cash seconded the motion which was carried by unanimous voteii,frj115May 4, 1981 Cont12 Budget Amendment — Health DepartmentUpon a motion by Commissioner Howard Benton, duly seconded by Commissioner Jams WCash and carried by unanimous vote, the following budget amendment was approvedAdd to Revenues 2,57600ExpendituresFamily PlanningEducational Cast 2,5760013 Fire Works Display - Four Oaks Civitan ClubCommissioner John M Booker moved that the Four Oaks Civitan Club be granted permissionto have a fireworks display at the FourlOaks School Ball Park at 10 oclock pm, on July 4,1981Commissioner Howard Benton14 Leadership Development ForCommissioner John M Booker MaDevelopment for Women Day in JohnstonCommissioner James W Cash15 Audit Contract Proposalsthe motion which was carried by unanimous votethat May 12, 1981, be declared as Leadershipthe motion which was carried by unanimous voteCommissioner John M Booker moved that the county advertise and seek proposals fromCPA firms and accountants for auditing the county accounts; General Fund, Rural Fire DepartmentsAirport Authority and Mental Health Center Commissioner Booker further moved that the bidsbe required to show cost per hour for professional and clerical servicesCommissioner Howard Benton seconded the motion which was carried by unanimous vote16 Nursing Home FacilityMr Anderson Howell, Wilrhingtton Attorney, and a group of businessmen backing a nursinghome project in Johnston County, met with the board seeking the boards endorsement of a privatebond issue to finance the construction of this 120 bed health care facility on Barbour Road,Smithfield Mr Howell advised that the county would have no financial liability and wouldobtain ownership after a 30 year period Mr Howell also told the board that they have obtaineda Certificate of Need for the facility Mr Howell further advised the board that a FloridaCPA firm will conduct a feasibility study to determine if this project is feasible for JohnstonCounty, if not the project will stop at this pointThe board discussed this matter at length, and agreed to take the request underadvisementAt this time, Commissioner James W Cash moved that regular session be recessed for theBoard of Commissioners to sit as a Board of Equalization and Review Commissioner Frank BHolding seconded the motion which was carried by unanimous vote1 a A J Abdalla, Selma Township, Service Station; Johnnie Stott, Tax Supervisor,reported they had looked at this property and recommended a 57o reduction adjustment of 1600Commissioner Frank B Holding moved that this adjustment be approved CommissionerHoward;-Benton seconded the motion which was carried by unanimous voteb Dr Manmohan Singh and wife, Smithfield Township, Office Building; Recheckedand recommend that this request be denied Dr Singh had requested a reduction in valuationCommissioner Howard Benton moved that the board concur with the Tax SupervisorsrecommendationCommissioner Frank B Holding seconded themotion which was carried by unanimous votea Champion Products Corporation Bartex Spinning Plant Clayton TownshipMr Wayne Bright of Champion Products met with the board to seek relief on thevaluation of the building which housed the Bartex Spinning Plant Mr Bright appealed that theBartex Plant has gone out of business and the building should not be valued as if in operationMay 4, 1981 ContinuedIn discussion, Mr Stott,advised the board that thNorth Carolina General Statutesdoes not allow for changes in valuation in a non - revaluation year for general economicreasons and recommended that this value remain the same The Board of Equalization andReview asked Mr Stott, Commissioner James W Cash and W R Britt, County Attorney, to reviewthis situation with regard to law and report back to the boardUpon a motion by Commissioner John M Booker, duly seconded by Commissioner Frank BHolding and carried by unanimous vote, the Board of Equalization and Review reeessed subjectto recall17 Status of Women Council - Request FundsLina Sanders and other members, Johnston County Council on Status of Women, met withthe board again requesting funds for operating expenses for the council Mrs Sanders askedthe board for consideration in the amount of 1,000 for the 1981 -82 fiscal year to help thecouncil get started Mrs Sanders reminded the board that a previous request had been made,but no funds have been appropriatedThe board agreed to give this matter consideration at budget time18 Elevation Fire StationUpon a motion by Commissioner John M Booker, duly seconded by Commissioner HowardBenton and carried by unanimous vote, the Johnston County Board of Commissioners instructedPaul Anderson, District Highway Engineer, North Carolina Department of Transportation, to seekstate access funds to pave the entrance to the Elevation Fire Department, and further ifthese funds are not available the board gave their approval to use county secondary road funds19 Quit - Claim Deed,- Alonza Lee and WifeUpon a motion by Commissioner Howard Benton, duly seconded by Commissioner James WCash and carried by unanimous vote, the following Quit -Claim Deed was approved and theChairman authorized to execute sameTHIS QUITCLAIM DEED, made this 4th day of May, 1981, by and between the Board ofCommissioners of the County of Johnston, a municipal body, hereinafter referred to as Grantor;and ATANZA LEE and wife, BETTY DUBLIN LEE, residents of Johnston County, North Carolina,hereinafter referred to as GranteesW I T N E S S E T HTHAT WHEREAS, prior to January 2, 1933, George Hogan Smith was the owner of that certain50 foot by 100 foot lot fronting on the easterly side of Lemay Street designated as Lot 25 ofthe Belmont Subdivision as shown on plat recorded in Land Book L -8, page 282, Johnston CountyRegistry, the same having been conveyed to him by deed of James H Pou and wife, Annie W Pou,dated September 19, 1905 and recorded in Book J -9, page 499, Johnston County Registry; andWHEREAS, on or about January 2, 1933, Ed F Ward, as Commissioner in foreclosureproceedings instituted to sell the said property for delinquent taxes due the County ofJohnston, sold the property at public sale at which Johnston County became the highestbidder, and thereafter, as Conuissioner, conveyed the property to the Board of Commissionersof Johnston County by deed dated January 16, 1933, and recorded in Book 306, page 343, JohnstonCounty Registry; andWHEREAS, subsequent to said deed to, the Board of Commissioners of the County of JohnstonGeorge Hogan Smith and his wife, Mary B Smith, paid all the delinquent taxes due to theCounty of Johnston, together with all of the costs of foreclosure proceeding, with respectsaid property, but that the Board of Comrnissioners of the County of Johnston has not reconveyedto the Smiths the interest in the property held by it by reason of said tax foreclosure deed;andWHEREAS, George Hogan Smith and wife, Mary B Smith, resided on said property untiltheir deaths; andWHEREAS, George Hogan Smith died on September 29, 1938, reference Death CertificateBook 25, page 519, Johnston County Registry, and his wife, Mary B Smith, died on September26, 1939, reference Death Certificate Book 26, page 348, Johnston County Registry, and theywere survived by their only child and heir, Virginia Louise Smith; andWHEREAS, since their deaths, Virginia Louise Smith has maintained the property and paidall the taxes assessed against it; and? JiMay 4; 1981 ContWHEREAS, Virginia Louise Smith Johnson, their only heir at law, and her husband,Gonzales B Johnson, for valuable consideration, conveyed their interests in the said Lot 25of the Belmont Subdivision to Ernest Atkinson by deed dated August 9, 1978, recorded in Book857, page 183, Johnston County Registry, and deed dated April 16, 1981, and recorded in Book894, page 193, Johnston County Registry; andWHEREAS, Ernest Atkinson, widower, has conveyed his interest in the said property tothe Grantees, Alonza Lee and wife, Betty Dublin Lee, by deed dated April 15, 1981, and recordedin Book 894, page 187, Johnston County Registry; andWHEREAS, in order to clear all objections to the title to their said lot, the Granteesherein have requested that the Board of Commissioners of the County of Johnston execute anddeliver to them at- quitclaim deed releasing and conveying to the Grantees any and all right,title and interest the said Board may have in the said property by reason of the tax foreclosureproceedings and deed recorded in Book 306, page 343, Johnston County Registry; andWHEREAS, the Board of Commissioners of the County of Johnston at regular meeting heldMonday, May 4, 1981, after consultation to execute and deliver to the Grantees herein thisquitclaim deedNOW, THEREFORE, for and in consideration of the foregoing premises and other valuableconsiderations, the Board of Commissioners of the County of Johnston, do hereby release andquitclaim to Alonza Lee and wife, Betty Dublin Lee, Grantees herein, all such right, title andinterest as the said Board of Commissioners of Johnston County may have in and to that certainlot in Smithfield Township, Johnston County, North Carolina, more particularly described asfollowsALL that certain tract of land fronting50 feet on the northerly side of Lemay Streetor a depth of 100 feet, being designated as Lot 25 of the Belmont Subdivision, as_shown onplat recorded in Book L-8, page 282, Johnston County Registry, to which reference is herebymade for a more particular description This is the same tract of land conveyed to ErnestAtkinson by deed of Virginia Smith Johnson, dated August 9`, 1978, and recorded in Book 857,age 183, Johnston County Registry See also deed from James H Pou and wife, Annie W Pouto George W Smith, dated September 19, 1905, and recorded in Book J -9, at page 499, Johnstonunty RegistryTO HAVE AND TO HOLDthe same to the Grantees, free and clear from any claim of theBoard of Commissioners of the County of Johnston,,by reason of the tax foreclosure proceedingheld in April, 1933, and the deed of Ed F Ward, Commissioner, dated January 16, 1933, andrecorded in Book 306, page 343, Johnston County RegistryIN WITNESS WHEREOF the Board of Commissioners of the County of Johnston, through,theirappropriate officials have hereunto set their hand and seal the day and year first abovewrittenBOARD OF COMMISSIONERS OF THE COUNTY OF JOHNSTONBY Norman C, DenningNORMAN C DENNING, CHAIRMANATTESTEleanor N CreechELEANOR N CREECH, CLERK20 SubdivisionsUpon the recommendation of Harold Blizzard, County Planner, Commissioner James W Cashmoved that the following subdivisions be approved and the Chairman authorized to execute same;a Thomas D Poole, Clayton„Township, S R# 1557, 5 lots; restrictions1 single family dwellings 1,000 ft or greater2 no mobile homes are permittedb McLamb - Sorrell, R G McLamb, owner, Pleasant Grove Township, S R # 1318, 4lotsc Wilton and Estelle McKenzie, Boon Hill Township, intersection SR # 2310 and2518, 7 lotsCommissioner Howard Benton seconded the motion which was carried by unanimous voteMay 4, 1981 Continued21 Dump SitesHarold Blizzard, County Planner, again discussed with the board promiscuous dumpingsites throughout the county Mr Blizzard advised the board that the County Commissioners aregiven specific authority to regulate and manage the collection of solid waste by GS 153A -1321and further that littering is already a criminal offense by NC GS 14 -399, however, theState does not want to get involved with small promiscuous dump sites throughout the countiesMr Blizzard indicated that about the only thing the county can do is come up with acounty ordinance to prevent this type of dumpingIn discussion, the board asked the County Planner and the Environmental Health Divisionto work on an ordinance to prevent this type dumping and bring it back to the board forconsideration ,Commissioner John M Booker called to the attention of the board that an area lightmay be needed at the bulk container sites for safety purposes The board deferred action onthis matter at this timeUpon a motion by Commissioner John M Booker, duly seconded by Commissioner James WCash and carried by unanimous vote, the board recessed to meet again Monday, May 11, 1981, at730 pmNorman C Denning, ChairmanAnEleanor N CreechClerk to the Board