October 5, 1981 - 10:00 AM - County Board of Commissioners Meeting Minutes

Meeting of Boardof Commissioners for the County of JohnstonOctober 5_, 1931The Johnston County Board of Commissioners met in regular session MondayOctober 5, 1981, at 10 oclock am „ in the Commissioners Room of the JohnstonCounty Courthouse, Smithfield, North Carolina, with the following memberspresentNorman C, Denning, Chairman, Frank B, Holding, Vice Chairman, James W,Cush, John M Booker, DVM, and Howard Beli]]ton,Members Absent None,The Chairman called the meeting to order and the following business wastransacted1 r MinutesThe board reviewed the minutes of the August 18, 21, and 26, andSeptember 8, 1981, meetingsIt was called to the attention - o the board that a correction needed tobe made in the minutes of the September th meeting, page 164, item # 3, secondparagraph In the name and wording of the Smithfield Defense Rescue Squad ofthe Johnston County Civil Defense Agency, the word defense needs to be deletedand the name should read Smithfield Rescue Sauad of the Johnston County CivilDefense Agency It is also to be noted that Commissioner John Al Booker left theSeptember 8th board meeting at lunch time because of a-bad headache,With these corrections in the September 8, 1981, regular board meetingminutes, Commissioner James W Cash move the adoption of the August 18, 21, 26,and September 8, 1981, board meetings,Commissioner Howard Benton seconded the motion which was carried2 Subdivision - James OverbeeUpon the recommendation of Harold Blizzard, County Planner, CommissionerHoward Benton moved that the James Overb e phase I Subdivision, Boon HillTownship, five lots, located on 2310, on -half mile south of Highway 70, beapproved and the Chairman authorized to 3xecute this plat,Commissioner John M Booker seconded the motion which was carried3 Hydraulic Tilt Frame - Landfill Contract AwardedAfter discussion of bids;opened n September 21, 191, CommissionerHoward Benton moved that the contract to? furnish the county with one hydraulictilt frame assembly be awarded to Kabco, Incorporated of Raleigh, N C, lowbidder, at a bid price of 12,13000Commissioner John M Booker seconded the motion which was carried byunanimous vote,4 Roll -Off Container Truck - Landfill Contract AwardedAfter much discussion of bids op-ned on October 2, 1981, CommissionerFrank B Holding moved that the contract to furnish the county with one roll -off container truck be awarded to Carols a Mack Sales of Raleigh, N C, at abid price of 54,05600, with the stipul tion that a penalty of 9000 per daybe assessed to Carolina Mack Sales for each day the supplier runs over thespecified delivery date of October 20, 1381,Commissioner James W, Cash seconded the motion which was carried,5 Container for Landfill AuthorizedCommissioner Howard Benton moved that Harold Blizzard, County Planner,be authorized to purchase a 30 cubic yard garbage container for the JohnstonCounty Landfill, per price verification by Kramer Jackson, County Manager,Commissioner Frank B Holding seconded the motion which was carried byunanimous vote6 Mental Health Board - AppolntmentsCommissioner Frank B, Holding moved that Tom Berkau, C W, Tarlton,James Creech and Dr Woodrow Batten be reappointed to the Area Mental HealthBoard for four year terms expiring October 1, 1985,Commissioner John M Booker seconded the motion which was carried7 Council on Status of Women - AppointmentsCommissioner Howard Benton moved that Eula Boyette, Thelma Heartley,Edna Palmer and Ann G Radford be reappointed to the Johnston County Councilon Status of Women for three year terms expiring July, 1984,Commissioner John M Booker seconded the motion which was carried8 Johnston County Youth Task Force - AppointmentsCommissioner James W Cash moved that the following named persons beappointed to the Johnston County Youth Task Force for one year termsNancy Babcock, Harold Blizzard, Mary Ann Hinson, Randy Mitchell; EddiePerkinson, Judge Elton C Pridgen, Richard Williams, Rebecca Boyette Williams,Kenneth Surrett, Jerry Wilson, Lee Whiteside Grohse, and Susan Arnold,Commissioner Howard Benton seconded the motion which was carried9 Health Board - AppointmentsCommissioner Frank B Holding moved that Helen Smith, CharlesBeddingfield and William Clayton be reappointed to the Johnston County Boardof Health for three year terms expiring December 31, 1984,Commissioner James W Cash seconded the motion which was carried10, Bethany Fire District #19 Extension of BoundariesKramer Jackson, County Manager, introduced a request from the BethanyFire District for extension of Fire District # 19 Shoe Hill District servedby the Bethany Fire Department to a four 4 mile radius, Mr Jackson advisedmust-25 11 the Count Commissioners uthe board that in accordance with GS 69 e• ygive notice once a week for two successive calendar weeks in a newspaper andpost three notices in the district inviting interested citizens to appear atthe next meeting of the Board of County Commissioners before the board can takeofficial action approving this request,Commissioner Howard Benton moved that proper notice as per GS, 69 -25,1be given and this Fire District extension request be scheduled for the regularNovember meetingCommissioner Frank B Holding seconded the motion which was carried11 Triangle J Council of Governments - MembershipThe board again discussed membership in the Triangle J Council ofGovernments Commissioner Benton asked for a moment of the boards time, andreported that he had learned some interesting facts about functions of theTriangle J Council of Governments relative to the distribution of federal fundsCommissioner Benton stated that according to information from the StateDepartment of Human Resources federal funds would continue to come to JohnstonCounty if the county does not participate in membership with Triangle J, thatTitle III funds, which are funds for the aging, are appropriated by Congress,comes to the North Carolina Department of Human Resources and from this depart-ment to Triangle J and then to the counties, Commissioner Benton concludedthat, in his opinion, Triangle J was not performing duties for Johnston Countythat would justify participation, Board members concluded that as countycommissioners they had to look at what the Council of Governments means toJohnston County taxpayers,Board members, however, were concerned about relationship of the townswith Triangle J Council of Governments, if the county does not participateIt was through this concern that the board tried to justify the countysparticipation However, after a lengthy discussion of Council of Governmentsmembership relative to programs in the county administered through Triangle J,this board indicated there was no change in their attitude toward the COGmembership participation for 1981 -1982 fiscal yearI F{1Iir°October 5 Continued12 Budget Amendment - Water StudyUpon a motion by Commissioner Frank B, Holding, duly seconded byCommissioner James W Cash and carried, the following budget amendment wasapproved;Transfer from Contingency 4099980 7,77000Set up line item 1082070Water Study 7,7700013 Budget Amendment - Water and Sewer - Moldex, LTDUpon a motion by Commissioner Frank B Holding, duly seconded byCommissioner James W Cash and carried, the following budget amendment wasapproved;Transfer from Contingency 4099980 10,00000Set up line item 10,82071 Moldex, LTD 10,0000014 Budget Amendment - Pine Level - Princeton Project Water LineUpon a motion by Commissioner James W Cash, duly seconded byCommissioner Howard Benton and carried, the following budget amendment wasapprovedTransfer from Contingency 40,99980 10,00000Set up line item 10,822,70 Pine LevelPrinceton Project 10,000,0015 Water and Sewer C K Components, IncKramer Jackson, County Manager, advised the board that C K Components,Inc, was requesting that funds be committed to provide water and sewer to theirnew plant site on Highway 70 east of Clayton beside Cutter LaboratoriesIn discussion, Commissioner Frank B Holding moved that RagsdaleEngineers be authorized to proceed with the design work for water and sewer lineto C K Components, Inc,,`a new industrial facility to be constructed on a sitenear Clayton on Highway 70 east of Cutter Laboratories, Commissioner Holdingfurther moved that this authorization for this work be contingent upon C KComponents awarding a contract for the construction of the proposed industrialfacility,Commissioner James W Cash seconded the motion which was carried,16 Clean Water Bond ProgramKramer Jackson, County Manager, advised the board that the currentNorth Carolina Clean Water Bond Program would expire in July of 1982, and thatno further grants will be made under the current program Mr Jackson statedthat Governor Hunt was endorsing the introduction of legislation in the up-coming short term General Assembly meeting in October for a new 300,000,000Clean Water Bond Program, and that sucaessful passage of this legislation wouldresult in a State wide referendumAfter discussion, Commissioner Frank B Holding moved that the Board ofCommissioners support introduction and passage of legislation calling for aState wide referendum for Clean Water Bond money as Johnston County has benefitegreatly from these funds in the past and will need assistance in the future,Commissioner James W Cash seconded the motion which was carried17 Recreation GrantTApplications - - ApprovedCommissioner James W Cash moved that the following recreation grantapplications be approved;1 Benson Recreation Department - 2,000; 2 Selma Booster Club -1,200; 3 Town of Selma- Parks and Recreation - 1,800; 4 Townof Pine Level - 2,000In discussion, Commissioner Howard Benton observed and indicated hisconcern about the amount of funds committed over and above the amount appropriatedCommissioner Frank B Holding seconded the motion which was carried,October 5 Continued18 Alice J Arnold Memorial Trust FundW R Britt, County Attorney, and Colonel J Herman Brown, met withthe board representing the Alice J Arnold Trust Fund Mr Britt explained thatJohnston County had won the litigation on the Arnold Memorial Trust Fund as theCourt of the District of Columbia had ruled that the trust be terminated and thefunds be turn over to Johnston County and ordered that the National Savings andTrust Company, District of Columbia work toward settlement of this trust, andfurther ordered that said substitute trustee is authorized to distribute thetrust, in termination thereof, including net proceeds from the sale of said realestate, to the County of Johnston, North Carolina, after deduction of all costsand commissions incurred in management, and all costs and fees incurred hereinand as may be allowed by the Court,AND IT IS FURTHER ORDERED THAT the County of Johnston shall use thefunds so distributed, income and principal if and when necessary for the benefitof the rural poor school children of the County, by the purchases of medicinesfor them and any of them when necessary, and by payment on their behalf fortheir transportation to and from any medical center operated under authority ofthe said county, and for any other purposes for which funds are needed to enablethe rural poor school children to maintain or improve their health, so long asthe funds shall last,Mr Britt explained to the board that Colonel Brown had worked faith -fully and diligently in effort to getthis trust settled, The board thankedColonel Brown, and in turn, Commissioner Frank B Holding moved that thefollowing resolution be adoptedRESOLUTIONWHEREAS, the National Savings and Trust has for recent years been thefiduciary for the Estate of Mrs Alice J Arnold, and said Estate consists ofcash and some real estate;WHEREAS, the Court of the District of Columbia has rendered a decisionfavorable to the poor rural school children of Johnston County and it now appearsthat the Estate of Mrs Alice J Arnold will be closed and the net proceeds ofsaid Estate will be turned over to the County of Johnston to purchase medicinesand to pay transportation for examinations, treatment and related purposes of thepoor rural school children of Johnston County;WHEREAS, Colonel Jesse H Brown has spent numerous hours assisting theCounty Attorney in the preparation of the legal position for the County ofJohnston and has also conferred on several occasions with the Attorney of theaforesaid bank;WHEREAS, the efforts of Colonel Jesse H Brown have been extremelyhelpful in the reaching of a favorable ruling for the benefit of the poor ruralschoolchildren of Johnston County;AND WHEREAS, the Board of Commissioners desire to commend ColonelBrown publicly for his devoted service and determination in seeing that thesuccessful ruling be madeNOW THEREFORE BE IT RESOLVED, by the Board of Commissioners of JohnstonCounty that Colonel Jesse H Brown be commended for his outstanding work anddiligence and further that he receive, through the Board, the thanks of all ofthe people of Johnston County?IIWHEREAS, Colonel Jesse H Brown several years ago called to the atten-tion of the Board of Commissioners of Johnston County, the provisions containedin the Last Will and Testament of Mrs Alice J Arnold of Washington, DC;WHEREAS, Mrs Alice J Arnold was a long time friend of Dr, and MrsWade H Atkinson who had close and strong ties with the people of Johnston County,particularly those in the Corbett - Hatcher Community;WHEREAS, one of the provisions contained in the Last Will and TestamentIof Mrs Alice J Arnold was as follows The remainder of my cash and real estate consisting of house3312 Warder St, NW,I, give and bequeath, as an Arnold MemorialFund, to be Yield in trust by Dr Wade H Atkinson, his heirs andassigns, the net proceeds to be used to promote the health of thepoor rural school children of Johnston County, North Carolina, asdirected by Dr Wade H Atkinson, his heirs or assigns ;WHEREAS, the National Savings and Trust has for recent years been thefiduciary for the Estate of Mrs Alice J Arnold, and said Estate consists ofcash and some real estate;WHEREAS, the Court of the District of Columbia has rendered a decisionfavorable to the poor rural school children of Johnston County and it now appearsthat the Estate of Mrs Alice J Arnold will be closed and the net proceeds ofsaid Estate will be turned over to the County of Johnston to purchase medicinesand to pay transportation for examinations, treatment and related purposes of thepoor rural school children of Johnston County;WHEREAS, Colonel Jesse H Brown has spent numerous hours assisting theCounty Attorney in the preparation of the legal position for the County ofJohnston and has also conferred on several occasions with the Attorney of theaforesaid bank;WHEREAS, the efforts of Colonel Jesse H Brown have been extremelyhelpful in the reaching of a favorable ruling for the benefit of the poor ruralschoolchildren of Johnston County;AND WHEREAS, the Board of Commissioners desire to commend ColonelBrown publicly for his devoted service and determination in seeing that thesuccessful ruling be madeNOW THEREFORE BE IT RESOLVED, by the Board of Commissioners of JohnstonCounty that Colonel Jesse H Brown be commended for his outstanding work anddiligence and further that he receive, through the Board, the thanks of all ofthe people of Johnston County?IIOctober 5, 1981 ContinuedIT IS ORDERED thata copy of this Resolution be sent to Colonel JesseH BrownThe foregoing Resolution was introduced by Commissioner Frank B Holdingand seconded by Commissioner Howard Benton It carried unanimously18 Cable Television OrdinanceIn view of the fact that Johnston County has been asked to consider afranchise for cable television in various areas of the county, Kramer Jackson,County Manager, presented a Cable Television Ordinance for the boardsconsideration Mr Jackson explained that this ordinance fits Johnston Countyssituation and was prepared similar to an ordinance written by the staff at theInstitute of Government, Chapel HillThe board discussed this ordinance at length with Mr Jackson and theCounty Attorney, showing concern to protect the customer with regard to feesand serviceAfter discussion, Commissioner Howard Benton moved that the CableTelevision Ordinance presented by Mr Jackson be adopted as presented and toinclude Ahaddition as recommended by the County Manager and County Attorney,to add item # 4 General Statutes requires adoption at two consecutive meetings,if approved at the next regular meeting, the ordinance will be recorded in theOrdinance BookCommissioner James W Cash seconded the motion which was carried19 Department of Transportation - Duchess Downs Subdivision Road to SystemPaul Anderson, District Engineer, North Carolina Department of Trans-portation, met with the board requesting that the board add the streets inDuchess Downs Subdivision to the Secondary Road Program for maintenanceAfter discussion, Commissioner Frank B Holding moved that the streetsin Duchess Downs Subdivision Duchess Drive, Royalty Court, Princess Drive andDuke Street be added to the Secondary Road Program for maintenanceCommissioner James W Cash seconded the motion which was carried20 Secondary Roads # 2160 and 2161 Add Back to SystemAt the request of the North Carolina Department of Transportation,Division of Highways, Commissioner Frank B Holding moved that the order ofApril 6, 1981, page 104, item number 11, recorded in Johnston CountyCommissioners Minute Book # 17, requesting that Secondary Road # 2160 and 2161be deleted from the State Secondary Road Improvement Program, be rescindedCommissioner Howard Benton seconded the motion which was carried byunanimous vote21 Paving - Johnston County Health DepartmentCommissioner Frank B Holding moved that Kramer, Jackson, CountyManager,be authorized to negotiate with a contractor for paving in front of the buildingand the parking lot at the Johnston County Health DepartmentCommissioner John M Booker seconded the motion which was carried byunanimous voteUpon a motion by Commissioner John M Booker, duly seconded byCommissioner Frank B Holding and carried the board adjournedNorman C Denning, ChairmanEleanor N Creec ,Clerk to the BoardDetailsAnnotationsEntry PropertiesModified11192013 33019 PMCreated4232003 83640 AMTemplateMinutesFieldsMinutes - TypeRegularMinutes - Date1051981Book17