August 3, 1981 - 10:00 AM - County Board of Commissioners Meeting Minutes

August 3, 1981The Johnston County Board of Commissioners met in regular session Monday, August 3,1981, 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, John MBooker, DVM, and Howard Benton,Members Absent NoneThe Chairman called the meeting to order and the following business was transacted1 MinutesThe board reviewed the minutes of the June 8, 16, 17, 29 and 30th board meetingsCommissioner James W Cash moved that the minutes of the June 8, 16, 17, 29 and 30thboard meetings be approved as recorded,Commissioner Howard Benton seconded the motion which was carried by unanimous vote2 Mobile Home and Mobile Home Park Ordinance - Proposed ChangesWayne Strickland, Code Enforcement Officer, again met with the board seeking severalchanges in the Mobile Home and Mobile Home Park Ordinance The board discussed these changesat length with Mr Strickland -and Harold Blizzard, County Planner, with one objection to theproposed changes The board did not agree that a mobile home owner should be restricted toplacement of pet, reading as follows pets or other domesticated animals shall not beconstrained or in any way confined under the mobile home The board discussed and agreed thatregulations of this nature should be left to the mobile home park owners to enforce if they sodesiredAfter much discussion, Commissioner James W Cash moved that the Proposed Changes tothe Mobile Home and Mobile Home Park Ordinance be approved and recorded in the County OrdinanceBook, with the exception, to delete the following sentence; Pets or other domesticated animalsshall not be constrained or in any way confined under the mobile home Article VIII SectionD, Paragraph 4b shall remain the same and read as follows Parks shall be maintained freeof accumulation of debris which may provide rodent harborage or breeding places for flies,mosquitoes, and other pests Commissioner John M Booker seconded the motion which was carried by unanimous vote152August 3, 1981 ContinuedRevenueLocal3 Mental Health - Interim BudgetState774,951Upon a motion by Commissioner Howard Benton, duly seconded by Comnissioner James W724,651TOTALCash and carried by unanimous vote, the following Interim Budget for Period beginning July 1,1981 to August 26, 1981, for the Johnston County Mental Health Center, was approved1ExpendituresCost CentersAdministration 399,139Adult 237,513Child 75,723Mental Retardation 32,710Substance Abuse 94,436Volunteer Services 18,718Geriatric 38,028Day Night - Adult 118,364Day Night - Child 69,229Evaluation 45,645Consultation and Education 21,029Early Childhood Intervention 75,480Respite Care 101,227Group Home - M R 58,874Sheltered Workshop ADAP CIS 169,629Developmental Day Care 10,920Halfway House -- Day by Day 65,374Contracted Services 182,315Transitional Housing 9,455DUI 26,962Transportation of Clients 38,925SCRAP - Outpatient 20,290SCRAP - Day Night Recreation 16,282Itinerant Team 28,547Greenhouse 19,211TOTAL, 1,974,025RevenueLocal474,423State774,951Federal724,651TOTAL 1,974,0254 Police Information Network ResolutionThe following resolution was offered by the Clerk and a motion was made byCommissioner Frank B Holding, that it be adopted, this motion was seconded by CommissionerJohn M Booker, and upon being put to a vote, was unanimously carried;WHEREAS, the North Carolina Department of Justice Police Information Network plansto make available to law enforcement agencies and other appropriate agencies of the Statethrough the use of a centralized computer system various information now available or to bedeveloped essential to the efficient operation of said agencies such as, but not limited to,information contained in the Department of Motor Vehicles files, information contained in theNational Crime Information Center, information contained in the State Bureau of Investigationsfiles, Department of Corrections files, and information from local law enforcement agenciesby the installation of a Police Information Network terminal in the Sheriffs Office of theCounty of Johnston provided the County of Johnston agrees to furnish a proper site forinstalling such terminal,and the necessary personnel to operate said terminal, and furtheragrees to assume the rental cost of such terminal from the date of installation; that saidinstallation of a Police Information Network terminal is considered to be most necessary to thepreservation of law and order and the promotion of public safety within the County; andWHEREAS, the North Carolina Department of Justice, Police Information Network andthis County have agreed as followsA The North Carolina Department of Justice, Police Information Network willinstall and maintain a video terminal and printer connected to the Police Information Networksystem and also train operators selected and paid by the County to operate such terminalB The County shall furnish a proper site for installation of a Police InformationNetwork terminal and also furnish personnel to operate said terminal,C The County shall assume the rental cost which cost includes maintenance of thePolice Information Network terminal in the amount of 20000 per month beginning from date ofinstallationNOW, THEREFORE, BE IT RESOLVED that the installation of a Police Information Networkterminal be and it is hereby formally approved by the Board of Commissioners of JohnstonCounty, North Carolina, and that the Chairman of the Board of County Commissioners or CountyManager of this County be and they are hereby empowered to sign and execute the required1August 3, 1981 ContinuedAgreement between this County and the North Carolina Department of Justice Police InformationNetworkThis Resolution was passed and adopted the 3rd day of August, 19815 Subdivision - Glenview AcresCommissioner Howard Benton moved that the Glenview Acres Subdivision, owner GlennPowell, eight lots, be approved and the Chairman authorized to execute the plat, as recommendedby Harold Blizzard, County PlannerCommissioner James W Cash seconded the motion which was carried by unanimous vote6 Landfill - Groundwater Study Budget AmendmentHarold Blizzard, County Planner, met with the board regarding the groundwater studyfor the Johnston County Landfill Mr Blizzard explained that the total invoice for thedrilling and field testing and engineering services amounted to 3,72347 Commissioner FrankB Holding moved that the invoice from Soil and Material Engineering, Inc, be paid in theamount of 3,72347 Commissioner Holding further moved that a budget amendment be made inthe following amountsFrom Contingency Fund3,72400To Landfill1058075 - Groundwater Study 3,72400,Commissioner James W Cash seconded the motion which was carried by unanimous vote7 Landfill OperationsThe board again discussed the landfill operations, such as private contractors tooperate the county landfill and what effect it might have on services to the publicEXECUrIVE SESSIONUpon a motion by Commissioner Howard Benton, duly seconded by Commissioner John MBooker, and carried by unanimous vote, it was moved that the Board of Commissioners go intoExecutive Session to discuss liquidated damages on the Smithfield -Selma Wastewater FacilitiesImprovement Project, the Four Oaks -- Pine Level Wastewater Facilities Project, and NorthCarolinas Railroad property tax assessment suit against the State of North Carolina and thecountiesAfter discussion in Executive Session, Commissioner Frank B Holding moved that regularsession be resumedCommissioner John M Booker seconded the motion which was carried by unanimous voteREGULAR SESSION8 Smithfield - Selma 201 Wastewater Facilities Improvements - Liquidated DamagesBrown Construction Company - Division III IV - Watson Electrical Division V VICommissioner Frank B Holding moved that, inasmuch as Brown Construction Company, incompleting general construction on the Smithfield- Selma, 201 Area Wastewater FacilitiesImprovements Project, has exceeded its contract completion time on the Division III IV contractby over 400 days andthe overrun in completion time on this contract has resulted in theCounty of Johnston incurring substantial direct cost and the Division V VI contractor beingdelayed in completing work by 299 days, the County assesses damages to Brown ConstructionCompany as followsAdditional technical services incurred through July 7, 1981 25,96709Additional technical services as per deim rates until projectcloseout estimated 3,00000Pro -rata share of claim for additional costs incurred byWatson Electrical Construction Company as a result of beingdelayed in the timely completion of the Division V VI Contract 11, 80037Attorneys feesIt is understood that the actual amount of damages to be assessed to Brown ConstructionCompany will be determined at a time when the final remaining technical services cost andapplicable attorneys fees can be established The amount will be determined by the CountyPlanner and County Attorney The amount shall not exceed 45,00000 without prior approval ofthe Board of Commissioners Furthermore, as compensation for the losses incurred on theDivision V VI Contract resulting from the overrun in completion time on the Division III IVContract, the County agrees to pay, by change order, to Watson Electrical ConstructionCompany the sum of 14,44354 as additional compensation to Watson Electrical ConstructionCompany and that this amount shall not prejudice any claim or claims that the County of154 August 3, 1981 ContinuedJohnston and any political subdivision involved from the on -going or arising out of orconnected with the on -going investigation of Watson Electrical Construction Company by theAttorney Generals Office and Federal authorities,in the event this company is determined tobe guilty of violation of any statutes or ordinances governing the projectCommissioner John M Booker seconded the motion which was carried by unanimous vote9 Pine Level -Four Oaks Wastewater Facilities - Liquidated Damages _- S T, WootenConstruction Division I `,Brown Construction Company Di- ki§cLon1IT Commissioner Howard Benton moved that, inasmuch as S T Wooten Construction Company,in performing work on Contract Division I, has exceeded the contract completion time by over150 days, and as a result of the overrun in completion time, the County of Johnston hasincurred direct cost, the County hereby assesses liquidated damages to S T Wooten ConstructiCompany for additional technical services and legal fees incurred as followsAdditional technical servicesAttorneys feesTOTAL 2,39750Commissioner James W Cash seconded the motion which was carried by unanimous vote,10 Pine Level -Four Oaks Wastewater Facilities - Liquidated Damages Brown ConstructionCommissioner Howard Benton moved that, inasmuch as Brown Construction Company, Incin performing work on Contract Division II has incurred an overrun in completion time ofapproximately 195 days, and as a result of the overrun in completion time, the County ofJohnston has incurred direct cost, the County of Johnston hereby assesses liquidated damagesto Brawn Construction Company for direct costs incurred as followsAdditional technical services 8,18850Anticipated additional administrative cost 50000Attorneys feesTOTAL Commissioner James W Cash seconded the motion which was carried by unanimous vote11 Railroad Companies File Law Suit - Counties Legal Defense Fund SoughtJohnnie Stott, Interim County Administrator, advised the board that North CarolinaRailroad Companieshave filed suit against the State of North Carolina, Department of Revenue,and the counties contesting the method of assessment of real estate valuations at one hundredpercent Mr Stott further advised that the North Carolina Association of County Commissionersis requesting Johnston County and all counties in the State to participate in a legal defensefund Johnston Countys share being 1,87300The board discussed this matter at length and upon motion by Commissioner HowardBenton, duly seconded by Commissioner James W Cash and carried by unanimous vote, the boardagreed to participate, at this time on a pro -rated basisin -the Railroad Defense Fund in theamount of 1,000 The board stating the reason for the partial payment was to see how thelaw suit progressed12 Sewer Line - Boundary Jurisdiction Between Smithfield and Four OaksHarold Blizzard, County Planner, advised the board that theTown of Four Oaks hadrequested to be allowed to take over the pumping station at Holt Lake and the Four OaksEqualization Pumping Facilities After much discussion, the board agreed to make no changein the boundary lines at this time13 Water StudyCommissioner Frank B Holding and Commissioner James W Cash, who have been exploringwater alternatives for Johnston County, in an effort to be able to continue to furnish amplewater supply to users in the county, reported that Selmas new well pump tested satisfactoryand they are thinking of digging another These groundwater wells at Selma should reducedemands on the Smithfield Plant and the board agreed that with Selma near becoming selfsufficient, the Smithfield Plant could possibly supply water to Pine Level and Princeton, ifthe Town of Smithfield agrees to take on additional users, Commissioner Holding andCommissioner Cash recommended that the county consider building an elevated water storagetank near Princeton to A rovide the Town of Princeton with some security of water in theimmediate futureAugust 3, 1981 ContinuedAfter much discussion, Commissioner Frank B Holding moved that Ragsdale Engineersbe authorized to proceed with plans to build an elevated water storage tank 200,000 gallonsat Princeton, this tank to be constructed and located so that it`can be connected to theTown of Princetons water supply system and thecounty water- supply system CommissionerHolding further moved that the engineers apply for any State Clean Water grant money thatmight be available for this projectCommissioner James W, Cash seconded the motionwhich was carried by unanimous vote14 Council on Status of Women Request for Operating ExpensesLina Sanders, Chairman, Johnston County Council on Status of Women, met with theboard again requesting funds for operating expenses for the Council on Status of Women MrsSanders explained that they needed 1,000 to help with these expensesas they have received nostate or county funds and this council needs some funds to be able to function as they shouldin Johnston County15 Triangle J Council of Governments - MembershipGerald Whitehurst, Mayor of Kenly and Vice Chairman of Triangle J_Council of GovernmentRay Green, and other representatives from Triangle J Council of Governments, met with the boardregarding Johnston Countys membership with the Council of Governments Mr Whitehurst pointedout that Triangle J, made up of Wake, Durham, Orange, Chatham, Lee and Johnston Counties, is anadvisory agency to serve local governments in its region Each county and municipal governmenare assessed annual duesRay Green addressed the board on what Triangle J does Aa benefits to Johnston Countyand local municipalities, and how these benefits are administered; 1 Triangle J is thedesignated Area Agency for Aging Programs, administering the Nutrition Program in JohnstonCounty for the elderly Mr Green pointed out that administration of the Nutrition programalone might exceed Johnston Countys membership dues, 2 Emergency Medical Services; assistwith providing communications and transportation systems for emergency situations; funding andetc; 3 Housing and Planning Services Section 8 -- Housing Assistance Payment Program wasinitiated by Triangle JIn closing, Mr Green stressed that Johnston County cost would be much greater thanits dues if they pulled out of the Council of Governments and decided to administer some ofthese programs Mr Green added that Triangle J does not just administer programs, they makestudies of problems that might effect regional environment,The board discussed this matter at length, indicating that the decision to discontinuemembership in Triangle J was made based on economic factors, No further decision was made atthis time pending further consideration16 Johnston Health Development Services,-Inc,Andrew Howell, Wilmington Attorney, representing Johnston Health Development Services,Incorporated, and other blusinessmen backing the proposednursing home project, met with theboard again asking that the county endorse a private bond sale to finance the nursing homeproject Mr Howell emphasized they felt this was a good and worthwhileproject and neededin Johnston County Mr Howell also told the board they have obtained a Certificate of Needfor the facilityThe board again discussed this matter with Mr Howell and the nursing home investors,however, again showed much reluctance about endorsing it,After further discussion, Commissioner Howard Benton moved that the County of Johnstonadopt the resolution declaring the intention of the County of Johnson, North Carolina, withrespect to the proposed plan of financing the cost of constructing and acquiring a HealthCare Facility in the County of Johnston by a nonprofit corporation, and agreement to accepta grant to the County of Johnston of title to such health care facility upon retirement ofthe bonds to be issued pursuant to such proposed plan, Proposed Resolution on fileThis motion died for the lack of a second,17 Quit -Claim Deed- Helen Blackman McCullenUpon a motion by Commissioner Frank B Holding, duly seconded by Commissioner JamesW Cash and carried by unanimous vote, the following Quit -Claim Deed was approved and theChairman was authorized to execute same;NORTH CAROLINAJOHNSTON COUNTYTHIS QUITCLAIM DEED made this 3rd day of August, 1981, by and between the Board ofCommissioners of the County of Johnston, a municipal body, hereinafter refereed to as Grantor;and HELEN BLAC 94AN McCULLEN, a resident of Johnston County, hereinafter referred to asGrantee;f56August 3, 1981 ContinuedWITNESSETHTHAT WHEREAS prior to May 11, 1939, Joel C Blackman and Henry Blackman were theowners as tenants in common of that certain tract of land containing 360 acres in BentonvilleTownship,, the same having been conveyed to them by deed of Wayne Hardwood Company datedSeptember 7, 1914, recorded in Book I -13, Page 225, Johnston County Registry; andWHEREAS, on or about May 1, 1933, C C Canaday, as Commissioner, in foreclosureproceedings instituted to sell the one -half undivided interest of Joel C Blackman in saidproperty for delinquent taxes due the County of Johnston, sold said interest of Joel CBlackman in the subject property at public sale at which Johnston County became the highestbidder and thereafter, as Commissioner, conveyed the property to the Board of Commissionersof Johnston County by deed dated May 11, 1939, recorded in Book 401, Page 282, JohnstonCounty Registry; andWHEREAS, subsequent to said deed to the Board of Commissioners of the County ofJohnston, Joel G Blackman paid all the delinquent taxes due to the County of Johnston,together with all of the costs of the foreclosure preceeding, with respect to said property,but that the Board of Commissioners of the County of Johnston has not reconveyed to Joel GBlackman the interest in the property held by it by reason of said tax foreclosure deed; andWHEREAS, Henry Blackman died intestate on July 24, 1964, in Wayne County, DeathCertificate Book 51 -pg 78 He was survived by his six children, Mrs Bessie B, Hamra,Raymond F Blackman, Sammie W Blackman, Mary B Raynor, Henry Paul Blackman,, and KennethEarl Blackman On January 22, 1965, the said 360 tract of land was divided``W;rfollows the said children of Henry Blackman conveyed 179,95 acres of the 360 acre tract toJoel C Blackman and wife, Bertha Mae Blackman, by deed recorded in Book 641, Page 409, of theJohnston County Registry On January 25, 1965, Joel C Blackman and wife, Bertha Mae Blackman,conveyed 17888 acres of the 360 acre tract to the children of Henry Blackman by deed recordedin Book 641, Page 61, Johnston County Registry On May 24, 1965, the children of HenryBlackman, Bessie B Hamm, Raymond F Blackman, Sammie W Blackman, Mary B Raynor, and KennethEarl Blackman, conveyed all of their interest in 17888 acres acquired by them on January 25,1965, to Paul Blackman by deed recorded in Book 641, Page 406, of the Johnston County Registry,and Paul Blackman conveyed all of his interest in the said 178,88 acres to himself and hiswife, Gladys P Blackman, on October 30, 1974, by deed recorded in Book 776, Page 515, of theJohnston County Registry; andWHEREAS, Joel C Blackman died in June of 1966 in Wayne County, Death CertificateBook 53 - pg 86 He was survived by his wife, Bertha Mae Blackman, and his daughter, HelenBlackman McCullen, the Grantee herein Joel C Blackmans Last Will and Testament devised tohis wife, Bertha Mae Blackman, a life estate in all of his real property and subject to hiswifes life estate, devised his property located in Johnston County to his daughter, HelenBlackman McCullen Bertha Mae Blackman died intestate in June of 1976, in Wayne County,Death Certificate Book 63 - pg 81, and was survived by her daughter, the said Helen Blackmanj McCullen; andWHEREAS, at thepresent time, Helen Blackman McCullen is the owner of the 17995tract of land and Paul Blackman and wife, Gladys P Blackman, are the owners of the 178,88tract of land located in Bentonville Township, Johnston County; andWHEREAS, Helen Blackman McCullen desires to sell a portion of the 179,95 tract andin order to clear all objections to the title to her land, she requests that the Board ofCommissioners of the County of Johnston execute and deliver to her a Quitclaim Deed releasingand conveying to the Grantee any and all right, title, and interest the said Board may havein the said property by reason of the tax foreclosure proceedings and deed recorded in Book401, Page 282, Johnston County Registry; andWHEREAS, the Board of Commissioners of the County of Johnston at regular meeting heldon Monday, August 3, 1981, after consultation with their attorney, have authorized theappropriate County officers to execute and deliver to the Grantee herein this Quit- -Claim 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 Helen B McCullen, Grantee herein, all such right, title and interest as the saidBoard of Commissioners of Johnston County may have in and to that certain tract of land inBentonville Township as described in the deed dated May 11, 1939, recorded in Book 401, Page282, Johnston County Registry, same being the Grantees deceased fathers one -half undividedinterest in said land TO HAVE AND TO HOLD the same to the Grantee, free and clear from any claim of theBoard of Commissioners of the County of Johnston, by reason of the tax foreclosure proceedingheld in May, 1939, and the Deed of C C Canaday, Commissioner, dated May 11, 1939, andrecorded in Book 401, Page 282, Johnston County RegistryrAugust 3, 1981 ContinuedIN WITNESS WHEREOF, the Board of Commissioners of the County of Johnston, throughtheir appropriate officials have hereunto set their hand and seal the day and year first abovewrittenBOARD OF COMMISSIONERS OF THE COUNTY OF JOHNSTONBY Norman C Denning, ChairmanATTESTEleanor N CreechClerk18 Recreation Grant ApplicationsThe board reviewed and discussed eighteen 18 recreation grant applications receivedfrom communities throughout the county The board in screening these applications decided todiscontinue county participation in the purchase of uniforms of any nature, as the boardfel t that some request for uniforms were not classified as recreation The board also deferredaction on several applications and asked the Clerk to notify these applicants so they mayreapply and change their request, if they so desireUpon motion by Commissioner Frank B Holding, duly seconded by Commissioner John MBooker and carried by unanimous vote, the following recreation applications were approvedClayton Civitan Club, Smithfield Selma Spartan Booster Club, Johnston County Extension4 -H, Archer Lodge Community Center, Archer Lodge Volunteer Fire Department, ClevelandAthletic Association, Meadow Athletic Association, Meadow School PTA, Micro ElementaryPTA, Micro School Booster Club, Princeton Community Activities, Clayton Parks andRecreation Subject to- Chairmans approval19 Water and Sewer - Moldex Limited Industrial PlantCommissioner Frank B Holding moved that Ragsdale Engineers be retained as the engineerto furnish professional engineering services in connection with the proposed water supply andwastewater collection facilities to serve Moldex Limited Industrial Plant to be located adjacentto US Highway 301, about one half mile south of Four Oaks Commissioner Holding further movedthat the Chairman be authorized to execute the engineering agreement,Commissioner James W Cash seconded the motion which was carried by unanimous vote20 ReportsThe following reports were filed with the board Electrical Inspector; AgriculturalExtension Service; Tax Supervisor; Tax Collector; Dog Warden; Planning, Health, Library andLandfill21 Landfill — EquipmentAfter discussion of landfill operations and equipment, Commissioner Frank B Holdingmoved that after approval of specifications by the Chairman, that Harold Blizzard, CountyPlanner, be authorized to advertise for bids for a new scrapper pan for the Johnston CountyLandfillCommissioner John M Booker seconded the motion which was carried by unanimous vote22 Landfill - Bulk Container Site and Roll -off Container TruckThe board again discussed the location of a new bulk container site and also talkedabout a roll -off container truck No decision was made at this time23 Appointment - Johnston County Industrial Facilities and Pollution Control FinancingAuthorityCommissioner Frank B Holding moved that the following named persons be reappointed tothe Johnston County Industrial Facilities and Pollution Control Financing Authority;Melvin Edwards, Princeton 2 year termRalph Canaday, Jr, Four Oaks 2 year termGerald Whitehurst, Kenly 4 year termEloise Moore, Benson 4 year termCommissioner John M Booker seconded the motion which was carried by unanimous vote1August 3, 1981 ContinuedUpon a motion by Commissioner James W Cash, duly seconded by Commissioner John MBooker and carried by unanimous vote, the board recessed to meet again Tuesday, August 18,1981, at 1 oclock pmlw,w ?Norman C Denning, ChairmanEleanor N Creech, Cle k