May 18, 1981 - 7:30 PM - County Board of Commissioners Meeting Minutes (Recessed)

The Johnston County Board of Commissioners reconvened in regular session Monday, May18, 1981, at 730 pm, 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, John M Booker, DVM,James W Cash and Howard BentonMembers Absent NoneThe Chairman called the meeting to order and the following business was transacted1 Wilsons Mills Fire Department - FHA LoanUpon a motion by Conmissioner James W Cash, duly seconded by Commissioner HowardBenton and carried by unanimous vote, the following contract and agreement was approved andthe Chairman authorized to execute same;NORTH CAROLINAJOHNSION COUNTY CONTRACT AND AGREEMENTTHIS CONTRACT AND AGREEMENT, made,-and entered into this the 18th day of May, 1981, byand between the COUNTY OF JOHNSTON, party of the first part, also referred to as County, andthe WILSONS MILLS FIRE DEPARTMENT, INCORPORATED, party of the second part, also referred toas Fire Department;11 WITNESSEIHThat WHEREAS, NCGS 69 -255 provides that counties may provide for fire protectionin a fire district by contracting with any incorporated non - profit volunteer or communityfire department; andWHEREAS, the new NCGS 159 -13 a8, which became effective July 1, 1973, providesthat the budget ordinance may be in any form that the Board of Commissioners of JohnstonCounty deems most efficient in enabling it to make the fiscal policy decisions embodiedtherein, but it shall be so organized that the accounting system will show appropriationsand revenues by line items within at least the following funds8 a fund for each special district whose taxes are collected by the County ofJohnston; andWHEREAS, the party of the second part is a non - profit corporation organized for fireprotection purposes; andWHEREAS, it serves a special tax district created by a vote of the people; andWHEREAS, it is desirous to make application to the United States of America, acting jthrough the Farmers Home Administration, United States Department of Agriculture, hereinafterreferred to as the Farmers Home Administration for a loan in the amount of 60,00000; andWHEREAS, the County of Johnston levys and collects the taxes and is responsible forappropriating said funds for the use and benefit of the citizens in the fire protectiondistrict; andMay 18, 1981 ContWHEREAS, the County desires to grant a long -term contract to enable party of the secondpart to make long -range plans; andWHEREAS, the County desires to standardize all its arrangements with Fire Departmentsin the County;NOW, THEREFORE, in consideration of the premises and the consideration of TEN and00 100 1000 DOLLARS to each the other in hand paid, the parties hereto contract and agreeas follows1 The party of the first part contracts and agrees that it will cause to be assessedor levied a special tax of up to 08per one hundred dollar valuation of all real andpersonal property in the Wilsons Mills,Fire District, Johnston County, North Carolina, unlessotherwise limited by law and or vote-of the people; and will collect said tax as part of theadvalorem taxes of the County of,JOhnston; provided however, beginning with the fiscal year1981 -1982 the amount levied annually shall be based on the needs projected in the budgetestimate submitted by the Fire Department to the County and approved by the County Commissioners2 That a special or separate fund shall be maintained by the County, for fundscollected as a result of said special tax,3 That current taxes, as they are collected by the County, shall be paid to WilsonsMills Fire Department, Incorporated, by the 10th day of each month and that delinquent taxesshall be remitted quarterly4 The party of the second part shall provide the necessary equipment and personnelfor furnishing adequate fire protection as determined by the North Carolina Department ofInsurance, Fire and Rescue Service Division, for all property located within the WilsonsMills Fire District, and it will furnish said fire protection free of charge to all personsand individuals located in said District in an efficient and workmanlike manner5 That all funds paid to the party of the second part by the party of the firstpart shall be used exclusively to provide fire protection within said Wilsons Mills FireDistrict, and to pay other legitimate fire protection expenses including principal andinterest on the aforementioned loan made by the Farmers Home Administration6 It is agreed that the party of the first part may inspect all books and accountsfor the party of the second part at any time that it shall desire; it is further agreed thatthe Fire Department will present to the CountyCommissioners an annual audit by a CPA whichaudit shall be in conformity with existing audit policies of the County7 The party of the second part agrees to comply with County budgeting proceduresand other procedures provided for by State Law and agrees to submit budget estimates to theBoard of Commissioners on the standard forms used by county departments; the party of thesecond part also agrees to use standard line items for accounting devised or consented to bythe County Accountant from time to time8 This contract shall EXTEND FOR A TERM OF TWENTY 20 YEARS from the date of theFarmers Home Administration loan closing and may be renewed or extended for such term or termsas may be agreed upon by the parties hereto9 The party of the second part further agrees to file with the County Administrationa true copy of the Articles of Incorporation, existing By -Laws and any changes made theretofrom time to time; further, the party of the second part agrees to adopt By -Laws which meetall minimum legal requirements and which By-- Laws, in addition thereto, have reasonableprovisions enablifg citizens of the community to participate in the affairs of the corporationat least an annual meeting and vesting in a Board of Directors the authority to manage theaffairs of the corporation without a vote of the membership to the extent permitted byNCGS 55A, the North Carolina Non - profit Corporation ActIN TESTIMONY WHEREOF, the party of the first part has caused this instrumentto beexecuted by the Chairman of the Board of County Commissioners and attested by the Clerk ofthe County Board of Commissioners, and the party of the second - part has caused thisinstrument to be signed in its name by its president, attested by its Secretary, and itscorporate seal hereto affixed, all by order of its Board of Directors duly givenJOHNSTON COUNTY BOARD OF COMMISSIONERSBY Norman C Denning ChairmanATTESTEleanor N Creech Clerk2 Nursing HomeW Britt, County Attorney, reported that he had talked with State officialsregarding the Nursing Home facility proposed to locate in Johnston County Mr Britt and theCommissioners discussed this matter at length as there are still some legal questions to beanswered The board deferred actiom,[on this matter until a later date3 Landfill - Scraper PanHarold Blizzard, County Planner, told the board that the engine of the scraper panat the landfill was worn out The board discussed the landfill operation and the equipmentat length Mr Blizzard advised that the engine of the scraper pan could be rebuilt forabout 3,000; and further that anew piece of equipment like this one,-to1do thb job requiredat the landfill would cost approximately 215,000In further discussion of the landfill expenses and operations, Commissioner HowardBenton suggested that the county investigate leasing out the landfill operation The boardalso again discussed a fee system During the discussion of the landfill, Commissioner JohnM Booker told the board that he had received complaints from property owners of peoplepilfering through the garbage containers and scattering trash all around the container sitesMr Blizzard indicated that he would talk with the Sheriff as this was in violation of theCounty Solid -Waste OrdinanceAfter much discussion of the landfill operation, Commissioner Frank B Holding movedthat the County Pia`nner beauthorized to have the engine of the scraper pan overhauledCommissioner John M Booker seconded the motion which was carried by unanimous vote4 Building InspectorHarold Blizzard, County,Planner, again called to the attention of the board that thecounty must have a Building Inspector to begin work on July 1, 1981It was recommended at ,this time, that Commissioner James W Cash and Harold Blizzardwork on fees for inspections made by the County Planning Department5 Personnel Policy - AmendmentUpon a motion by Commissioner John M Booker, duly seconded by Commissioner HowardBenton and carried by unanimous vote, the following Personnel Policy Amendment was adoptedEmployees who are required to be available to work on an emergencyon call basismay be compensated monetarily if compensatory time off interferes with the accomplishment ofthe required work during the standard work day The rate of monetaxy compensation for on callemergency duty will be four dollars 4?00 per hour or 157o of the hourly salary rate whicheveris less No employee shall be paid for on callemergency duty without the approval of theAdministrator6 New Telephone Log AdoptedJohnnie Stott, Interim County Administrator, asked the board to adopt a new telephonelog that would show more specific information about long distance calls,Commissioner Frank B Holding moved that the new telephone log be adoptedCommissioner John M Booker seconded the motion which was carried by unanimous v6teThe board also at this time instructed Mr Stott to follow through with investigatinga new telephone system that would save the county money7 Council on Aging - Budget PresentationMs Pat Cunningham, Executive Director, Johnston County Council on Aging, met withthe board and presented the 1981-,,82 budget request in the amount of 27,17100 Ms Cunninghamemphasized that,7,500 of this requested amount is for transportation, as the program willnot have any CETA workers after June 30, 1981 The board discussed this budget-,,request andthe Council on Aging programs at length Ms Cunningham was commended on the good job sheis doing at the COA8 Veterans Off ice - Budget YevestWayne Peedin, Veterans Service Officer, met with the board and presented his 1981-82budgetrequest in the amount of 32,061 Mr Peedin explained his budget request in detail,indicatingthat his budget last year was cut beyond possible operating expenseThe board took no action, pending further budget study,May 18, 1981 Continued9 Budget ObservationsJohnnie Stott, Interim County Administrator, talked with the board about variousbudget items with regard to the 1981 -1982 departments expenditure requests10 Salary Increases RequestedJohnnie Stott, Interim County Administrator, brought to the attention of the boardthat he had received request from the Department of Social Services for merit increase fortwo employees The board deferred action on this request at this timeAt this time, upon motion by Commissioner Howard Benton, duly seconded by CommissionerJames W Cash and carried by unanimous vote, the board went into Executive Session to discusspersonnel mattersAfter Executive Session, Commissioner Frank BHOlding moved that regular session beresumed and further that this meeting be recessed until Monday, May 25, 1981, at 730 pmCommissioner John M Booker seconded the motion which was carried by unanimous voteNorman C Denning, ChairmanEleanor N CreechClerk to the Board