October 1, 1979 - 10:00 AM - County Board of Commissioners Meeting Minutes

618Meeting of Board of Commissioners for the County of JohnstonOctober 1, 1979The Johnston County Board of Commissioners met in regular session Monday,October 1, 1979, at 10 oclock am, in the Commissioners Room of the JohnstonCounty Courthouse, Smithfield, North Carolina, with the following members presentNorman C Denning, Chairman; Frank B Holding, Vice Chairman, John MBooker, DVM, J E Rogerson and James W CashMembers Absent NoneThe Chairman called the meeting to order and the following business wastransacted1 MinutesThe board reviewed the minutes of the September 4, 1979, board meetingCommissioner J E Rogerson moved that the minutes of the September 4, 1979;board meeting be approved as recordedCommissioner James W Cash seconded the motion which was carried unanimousll2 Archer Lodge Fire District - FHA LoanUpon a motion by Commissioner Frank B Holding, duly seconded by CommissionJohn M Booker and carried unanimously, the following Contract and Agreement wasadoptedCONTRACT AND AGREEMENTNORTH CAROLINAJOHNSTON COUNTYTHIS CONTRACT AND AGREEMENT, made and entered into this the lst day, ofOctober, 1979, by and between the County of Johnston, party of the first part, alsoreferred to as County and the Archer Lodge Volunteer Fire Department, Inc, partyof the second part, also referred to as Fire DepartmentWITNESSETHTHAT WHEREAS, NCGS 69 -255 provides that counties may provide for fireprotection in a fire district by contracting with any incorporated nonprofitvolunteer or community fire department; andWHEREAS, the new NCGS 159 -13 a 8, which became effective July 1,1973, provides that the budget ordinance may be in any form that the Board ofCommissioners of Johnston County deems most efficient in enabling it to make thefiscal policy decisions embodied therein, but it shall be so organized that theaccounting system will show appropriations and revenues by line item within atleast the following funds8 a fund for each special district whose taxesare collected by the County of Johnston; andWHEREAS, the party of the second part is a nonprofit corporation organizedfor fire protection 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 ofAmerica, acting through the Farmers Home Administration, United States Departmentof Agriculture, hereinafter referred to as the Farmers Home Administration for aloan in the amount of 40,00000; andWHEREAS, the County of Johnston, levys and collects the taxes and isresponsible for appropriating said funds for the use and benefit of the citizensin the fire protection district; andWHEREAS, the county desires to grant a long -term contract to enable partyof the second part to make long -range plans; andWHEREAS, the County desires to standardize all its arrangements with FireDepartments in the County;NOW, THEREFORE, in consideration of the premises and the consideration ofTEN DOLLARS to each the other in hand paid, the parties hereto contract and agreeas followsy4 October 1,19791 The party of the first part contracts and agrees that it will causeto be assessed or levied a special tax of up to fifteen cents per one hundreddollar valuation of all real and personal property in the Archer Lodge FireDistrict unless otherwise limited by law and or a vote of the people; and willcollect said tax as a part of the ad valorem taxes of the County of Johnston;provided however, beginning with the fiscal year 1980 the amount levied annuallyshall be based on the needs projected in the budget estimate submitted by the FireDepartment to the County and approved by the County Commissioners2 That a special or separate fund shall be maintained by the County forfunds collected as a result of said special tax3 That current taxes, as they are collected by the county, shall be paidto Archer Lodge Volunteer Fire Department, Inc, by the 10th day of each month;That delinquent taxes shall be remitted quarterly4 The party of the second part shall provide the necessary equipment andpersonnel for furnishing adequate fire protection as determined by the NorthCarolina Department of Insurance, Fire and Rescue Service Division, for allproperty located within the Archer Lodge Fire District, and it will furnish saidfire protection free of charge to all persons and individuals located in saidDistrict in an efficient and workmanlike manner5 Thal all funds paid to the party of the second part by the party of thefirst part shall be used exclusively to provide fire protection within said ArcherLodge Fire District, and to pay other legitimate fire protection expenses includingprincipal and interest on the aforementioned loan made by the Farmers HomeAdministration6 It is agreed that the party of the first part may inspect all booksand accounts for the party of the second part at any time that it shall desire; itis further agreed that the Fire Department will present to the County Commissionersan annual audit by a CPA which audit shall be in conformity with existing auditpolicies of the County7 The party of the second part agrees to comply with County budgetingprocedures and other procedures provided for by State law and agrees to submitbudget estimates to the Board of Commissioners on the standard forms used bycounty departments; the party of the second part also agrees to use standard lineitems for accounting devised or consented to by the County Accountant from time totime8 This contract shall expire twenty years from the date of the promissorynote with the Farmers Home Administration9 The party of the second part further agrees to file with the CountyAuditor a true copy of the Articles of Incorporation, existing Bylaws and anychanges made thereto from time to time; further, the party of the second partagrees to adopt bylaws which meet all minimum legal requirements and which bylaws,in addition thereto, have reasonable provisions enabling citizens of the communityto participate in the affairs of the corporation at least an annual meeting andvesting in a Board of Directors the authority to manage the affairs of thecorporation without a vote of the membership to the extent permitted by NCGS55A,the North Carolina Nonprofit Corporation ActIN TESTIMONY WHEREOF, the party of the first part has caused this instrumento be executed by the Chairman of the Board of County Commissioners and attested bythe Clerk of the County Board of Commissioners, and the party of the second parthas caused this instrument to be signed in its name by its president, attested byits Secretary, and its corporate seal hereto affixed, all by order of its Board ofDirectors duly givenJOHNSTON COUNTY BOARD OF COMMISSIONERSBY Norman C DenningCHAIRMANATTESTEleanor N CreechCLERKARCHER LODGE VOLUNTEER FIRE DEPARTMENT,BYGlenn Moore, PresidentATTESTT L H Crane, Secretary620October 1, 1979 Cont3 Agriculture Building - Auditorium - Heat PumpPhil Ricks, Agent, Agricultural Extension Service, met with the board withinformation and estimates for the repairs and orreplacement of the heating and airconditioning units at the Agricultural Building Auditorium Mr Ricks stated thatheat pump had been suggested for the heating and cooling of the auditorium at theAgricultural BuildingAfter discussion, Commissioner Frank B Holding moved that Kramer Jackson,County Administrator, be authorized to advertise for bids on the installation of anew heat pump unit to heat and cool the auditorium of the Agricultural BuildingCommissioner J E Rogerson seconded the motion which was carriedunanimously4 Pine Level - Four Oaks 201 - Carolina Power Light Service AgreementThe Chairman of the Board of Johnston County Commissioners presented to theBoard for consideration and action a contract with Carolina Power and Light Companyfor electrical service, which contract is dated October 1, 1979, and provides forthe beginning of service on the lst day of July, 1980, and ending on the lst dayof July, 1985, to which contract is attached the Companys schedule of rates andrules and regulations covering such serviceCommissioner James W Cash, a member of the board, introduced the followingresolution and moved it be adoptedRESOLVED, that the Chairman and Board Clerk be and they are herebyauthorized and empowered, in the name of and for and in behalf of the County ofJohnston to execute said supply of electricity contract with Carolina Power andLight CompanyThe motion to adopt the foregoing resolution was seconded by CommissionerJ E Rogerson, a member of the board, and, after discussion, the resolution wasduly adopted, there being five votes in favor thereof and no votes against it5 Recreation Grants 1979 -80Upon a motion by Commissioner James W Cash, duly secondedby CommissionerFrank B Holding and carried unanimously, the following 1979 -80Revenue Sharing`RecreationGrant applications were approved1Wade H Atkinson Memorial Library and CommunityBuilding 3,000002Spartan Booster Club3;000003Bentonville Recreation Council3,000004Smithfield Civitan Little League Baseball3,000005Smithfield Tennis League3,000006Bulldog Booster Club3,0000074 -H Horse and Riders Club3,000008Archer Lodge Volunteer Fire Department3,000009Selma Elementary PTA6000010South Johnston Booster Club3,00000Byunanimous vote, the Board of Commissioners approveda budget amendmentin the amountof 16,365 from Unappropriated Fund Balance to RevenueSharingRecreationGrant Program 50810916 Tax Listing- Permanent Real Estate ListingJohnnie Stott, Tax Supervisor, met with the board and recommended thatJohnston County adopt the Permanent Real Estate Listing System allowed by N CGeneral Statute 105 -303, this statute grants the County Commissioners the authoritto install a permanent real estate tax listing system upon approval of the Depart-ment of RevenueAfter discussion, Commissioner J E Rogerson moved that Johnston Countyadopt the Permanent Real Estate Tax Listing SystemCommissioner John M Booker seconded the motion which was carriedunanimously7 Tax Valuation - AdjustmentsCommissioner J E Rogerson moved that the following corrections be madein the tax records and as recommended by the Tax Supervisor1 Mr C Furman Stephenson - Pleasant Grove Township; cleared acreagecorrected from 32 acres to 16 acres;2 Mr Hassel Tucker - Banner Township; cleared acreage corrected from483 acres to 17 acres;3 Mrs Laura Stewart - Banner Township; no adjustment justified;? ,yJiIiOctober 1, 1979 Cont4 Mrs Tom Sullivan - Boon Hill Township; lot valuationcorrected from 2,500 to 1,200Commissioner John M Booker seconded the motion which was carriedunanimously7 Subdivisions - Approveda Upon the recommendation of Rick Cannity, County Planner, CommissionerJames W Cash moved that the Hidden Acres Subdivision, W A Buddy McLamb,Wilders Township Secondary Road # 1003 Red Hill Church, 29 lots be approvedCommissioner Frank B Holding seconded the motion which was carriedunanimouslyb Upon the recommendation of Rick Cannity, County Planner, CommissionerJ E Rogerson moved that the Kenneth Aycock Subdivision, Selma Township, 9 lotsSecondary Road # 2123 be approvedCommissioner Frank B Holding seconded the motion which was carriedunanimouslyc Upon the recommendation of Rick Cannity, County Planner, CommissionerJames W Cash moved that the W Gattis Lee Subdivision, Clayton Township, 8 lotsSecondary Road # 1553 be approvedCommissioner J E Rogerson seconded the motion which was carriedunanimouslyd Upon the recommendation of Rick Cannity, County Planner, CommissionerFrank B Holding moved that the Ponderosa Subdivision, Lloyd M Holland, BannerTownship, 6 lots Secondary Road # 1168 be approvedCommissioner James W Cash seconded the motion which was carriedunanimouslyc Upon the recommendation of Rick Cannity, County Planner, CommissionerJames W Cash moved that the Beechwood Hill Subdivision, Jimmie Grantham, PleasantGrove Township, 24 lots Secondary Road # 1531 be approvedCommissioner John M Booker seconded the motion which was carriedunanimously8 Dumpster Site - LandscapingRick Cannity, County Planner, presented to the board landscaping plans forthe new bulk container site located on county property on 301 Highway betweenSelma and Smithfield old Produce Market site Mr Cannity told the board thathe hopes to get civic groups, garden clubs and Johnston County Beautiful interestedin the landscaping project at this site9 Building Permits - RatesRick Cannity, County Planner, proposed some changes in the Building PermitSystem and presented these recommendations to the board for study and considerationMr Cannity advised the board that it cost a lot less to get a building permit inJohnston County than in surrounding counties and townsThe Chairman advised the board would study this proposal and take it underadvisement10 State of Emergency OrdinanceRick Cannity, County Planner, prepared a State of Emergency Ordinance forthe boards study and consideration11 Voting Machines - Contract AwardedCommissioner J E Rogerson moved that Valtec Corporation, Tulsa, Oklahoma,be awarded the contract to furnish the county with six 6 Electronic VotingMachines at 21,000 and one 1 PROM Programmer and Erase Unit at 3,200 plus 4sales taxCommissioner John M Booker seconded the motion which was carriedunanimously See Page 626 - Subject Maintenance Smithfield - Clayton WaterlineMemo No 79 -80 # 7622October 1, 1979 Cont12 Property Selma - Kenneth L BradleyUpon a motion by Commissioner John M Booker, duly seconded by CommissionerFrank B Holding and carried unanimously, the following resolution was adoptedRESOLUTIONTHIS RESOLUTION COMING BEFORE THE JOHNSTON COUNTY BOARD OF COMMISSIONERSat its regular meeting on October 1, 1979, and pursuant to North Carolina GeneralStatute 153A -163, concerning the private sale of property purchased by JohnstonCounty at a Judicial Sale, to -wit, tax foreclosure sale held on the 28th day ofMay, 1962, and being sold pursuant to order of the Clerk of Superior Court ofJohnston County, in action No 16 -202, where the County of Johnston became thelast and highest bidder for the sum of 9990, andWHEREAS, the County of Johnston has no present or anticipated use of thislot hereinafter described and desires to sell said lot at private sale pursuantto the provisions of N C GS 153A -164; that the property was owned by KennethL Bradley until June 12, 1962; that since June 12, 1962, Kenneth L Bradleysmother -in -law, Daisy P Brown, has been living on the property; that the son -iA -laof Daisy P Brown, Wayne Staley, has tendered to the County of Johnston an offerof 3,21119, said sum representing taxes to the Town of Selma as of June 12, 1962,in the amount of 12531, and penalties thereon in the amount of 202,15; taxes tothe County of Johnston prior to June 12, 1962, in the amount of 48954, withpenalties in the amount of 89256, and further representing taxes that would havebeen assessed against the property had it been privately owned to the County ofJohnston for 49496, with penalties thereon in the amount of 38098, representintaxes and assessments for the County of Johnston through and including December31, 1979, and special curb, guttering and paving assessments penatlies to theTown of Selma in the amount of 36964, all representing a total of 3,21119,which the County Commissioners deem to be a satisfactory reimbursement to theCounty and payment to the Town of Selma for all taxes and assessments it shouldhave receivedBE IT RESOLVED that theBoard of County Commissioners of the County ofJohnston has, this day, authorized the private sale of that certain tract herein-after described to Wayne R Staley and Joyce B Staley of 450 Camp Road,Burlington, North Carolina, 27215, for the sum of 3,21119, said property beingmore particularly described as followsBEING Lots 11 and 12 in Block F in the C B Waddell Addition to theTown of Selma, N C plat of which is recorded in the Office of theRegister of Deeds of Johnston County, said lots being each 50 feet wideand 144 feet in depth, and known as a part of the property of the lateD A Hopkins and wife, Bettie Hopkins and being the identical propertyconveyed to Mittie Frances Bradley by deed bearing date of October 26,1938, and duly recorded in Book 389, page 473, of the Johnston CountyRegistryJOHNSTON COUNTY BOARD OF COMMISSIONERS]iBY Eleanor N CreechSECRETARY13 Mental Health Board - AppointmentsCommissioner John M Booker recommended and moved that the followingpersons be appointed to the Area Mental Health Board for a four year termeffective October 1, 1979; Susan Lassiter, Smithfield, N C; Nolan Hinson,Smithfield, N C; and Levi JonesCommissioner J E Rogerson seconded the motion which was carriedunanimously14 Wildlife Commission - Public HearinKramer Jackson, County Administrator, advised the board the State WildlifeResources Commission will hold a Public Hearing in Smithfield, Johnston CountyCourthouse; October 17, 1979, at 730 pm, to solicit public reaction to adopt15 NCAC 10B 0115, applicable in the counties indicated in the schedule, pro-hibiting the intentional shining of lights on deer between 11 00 pm and one -halfhour before sunrise in areas frequented by deer and which are subject to sub-stantial night deer hunting, or in which residents have been greatly inconveniencethereby 15 Consultant - Cost Allocation PlanKramer Jackson, County Administrator, asked the board if they wereinterested in consultant services David M Griffith and Associates, LTD for acost allocation plan to help the county recover additional monies due the countyin support of federal programsThe board members agreed they were not interested at this time,r? 1October_ 1, 1979 - Cont16 CETA ProgramKramer Jackson, County Administrator, presented a list of approximatelyseventy 70 new CETA positions alloted to Johnston County from the new CETAmoney Johnston County is now allocated funds through the Balance of State andunder new federal rules and regulations The board studied the list, reviewingthe agencies, departments and towns receiving new CETA positions After furtherstudy, the board authorized Kramer Jackson, CountyAdministrator, to add or deleteany positions necessary in his judgement and report back to the board at the nextregular board meeting17 ReportsThe following reports were filed with the boardHarper Godwin, Tax Collector, Bobby Corbett, Electrical Inspector, RubertC Barbour, Dog Warden18 Housing - ResolutionUpon a motion by Commissioner James W Cash, duly seconded by CommissionerJ E Rogerson and carried unanimously, the following resolution was adoptedRESOLUTIONWHEREAS, Johnston County agrees to the goals and objectives of the AreawideHousing Opportunity Plan including the percentage goals for assisted housingdeveloped by Triangle J Council of Governments in collaboration with its memberlocal governments;NOW, THEREFORE, BE IT DECLAREDThat Johnston County agrees to be a Participating Jurisdiction in thisAreawide Housing Opportunity Plan and agreesto support the implementationactivities outlined in the Areawide Housing Opportunity Plan for which the Countyis responsibleNORMAN C DENNINGChairman, Board of CountyCommissionersDate October 1, 197919 Hospital Board - AppointmentsATTEST M, Kramer JacksonCounty ManagerUpon a motion by Commissioner Frank B Holding, duly seconded byCommissioner James W Cash and carried unanimously, the appointments to theHospital Board of Trustees were deferred20 1 Smithfield -Selma 201 Wastewater FacilitiesUpon a motion by Commissioner Frank B Holding, duly seconded by CommissionJ E Rogerson and carried unanimously, the following resolution was adoptedsubject to the Selma Town Councils approvalJOHNSTON COUNTYNORTH CAROLINAWHEREAS, the County of Johnston, under the first stage of the Smithfield -Selma 201 Plan, is serving as lead agency for a project involving the constructionof wastewater interceptors, a pumping station, and a force main to serve theNorth Carolina Department of Transportation Rest Areas on Interstate 95, east ofSelma, andWHEREAS, the cost of the project with the exception of the amount of5,25270 is being funded by grants from the Environmental Protection Agency andthe State of North Carolina and reimbursement payments for the remaining cost fromthe Department of Transportation, andWHEREAS, the facilities lie within the sewer and water service jurisdict-ional limits of the Town of Selma, and under the Countys current policy, thefacilities will be operated and maintained by the Town of Selma, andWHEREAS, the Countys retaining ownership of the facilities and contractingwith the Town for operation and maintenance will result in needless administrativecostOctober 1, 1979 ContNOW, THEREFORE, BE IT RESOLVED BY THE COUNTY OF JOHNSTONThat the County deed and or transfer the 8 inch interceptor lines, the071 acre pumping station site and all improvements thereon, the 6 inch force main,and all associated pipeline easements as shown on Drawings No 25 through 29, No34A, No 38, and No E -5, dated November 1976, prepared by Ragsdale Engineers,PA,to the Town of SelmaDuly adopted this the lst day of October, 1979Norman C DenningATTEST Norman C Denning, ChairmanEleanor N Creech Johnston County Board ofEleanor N Creech, Clerk Commissioners21 Office Space - Sheriffs Office and Board of ElectionsGeorge Johnson, Sheriff, met with the board requesting additional officespace for the departments detectives Sheriff Johnson advised the Board ofCommissioners that the Board of Election members voted two to one to allow himto use a portion of the office space occupied by the Board of ElectionsLib Hoyle, Chairman, Johnston County Board of Elections, present at thismeeting, stated her reasons for opposing this issue Mrs Hoyle told the Boardof Commissioners that election records are very sensitive and need to be storedin a safe secure place and the space they are using now has worked out very wellMrs Hoyle also advised the board that aside from the fact that we need all ofboth rooms for working and storage space, this board has been advised by the StateBoard of Elections that we cannot share any quarters where sensitive material --that is ballots, voting equipment and files -- are keptThe Board of Commissioners advised Mrs Hoyle they respect the fact thatelection records need a safe secure place, however, the Sheriffs Department hasgrown in the last few years and also needs more working space,After discussion, Chairman Denning recessed the meeting for about ten 10minutes 335 pm in order for the board members to visit areas in the CourthousEto see where additional office space could possibly be made availableThe Chairman called the meeting back in session at 410 pm, to continuebusiness; the board continued discussion regarding office space for the detectivesand working and storage space for the Board of ElectionsCommissioner Frank B Holding reminded Mrs Hoyle that the Board ofElections has access to various rooms in the Courthouse when needed Grand JuryRoom, Jury Room and etc for extra helpAfter much discussion, Commissioner Frank B Holding moved that theSheriffs Department be provided the office space in the basement of the Court-house now used for storage of records Board of Elections andAdministration andworking space when needed by the Board of Elections, after such time as MrJackson has time to provide adequate storage and working space for the Board ofElections in a portion of the boiler roomCommissioner J E Rogerson seconded the motion which was carried by thefollowing voteAye Frank B Holding, J E Rogerson, James W Cash and Norman CDenningNay John M Booker22 Highway EngineerPaul Anderson, District Engineer, North Carolina Department ofTransportation, Division of Highways, visited with the board23 Dumpster Site - A R StricklandCommissioner John M Booker told the board he had been contacted by A RStrickland of the Emit Community regarding the garbage containers being moved fromthis area Mr Strickland requested that containers be put back somewhere in thisarea Commissioner Booker recommended that this requested be granted ChairmanDenning instructed Kramer Jackson, County Administrator, to work with Mr Hatcher,Landfill Manager, in getting containers back in this communityUpon a motion by Commissioner Frank B Holding, duly seconded byCommissioner John M Booker and carried unanimously, the board adjournedEleanor N Creecfi, Clerk10879Norman C, Denning, Chairman;IJ