November 3, 1980 - 10:00 AM - County Board of Commissioners Meeting Minutes

November 3, 1980 - Regular1 7Fit widthNovember 3, 1980The Johnston County Board of Commissioners met in regular sessionMonday, November3, 1980, 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, J E Rogerson,John M Booker, DVM, and James W CashMembers Absent NoneThe Chairman called the meeting to order The Chairman at this time welcomed DannyNewsome, Instructor, and class studying State and Local Government from Johnston TechnicalCollege visiting with the board1 Public Hearing - Powell Street PavingNorman C Denning, Chairman, called for petitioners requesting the paving of PowellStreet in West Smithfield Chairman Denning asked if there was any opposition to this petitionThere being no opposition voiced at this Public Hearing, it was requested that Powell Streetin West Smithfield be paved in accordance with GS 153A- 1854 and 153A -205NORTH CAROLINAJOHNSTON COUNTYUpon motion by Commissioner James W Cash, seconded by Commissioner John M Booker,the following resolution was adopted by the Johnston County Board of CommissionersWHEREAS, the County Board of Commissioners adopted a preliminary resolution givingnotice of intention to assist in the financing of improvements to rural subdivision andresidential streets; andWHEREAS, due notice has been given on the 3 day of November, 1980, at Smithfield,North Carolina, in the Commissioners Room, - Johnston County Courthouse, Smithfield, NorthCarolina, a public hearing would be on whether the assistance in financing the roadimprovements hereinafter described shall be made and that all objections to the legality ofthe making of such financial assistance are required by law to be made in writing, signed inperson or by an attorney, and filed with the Clerk to the Board at or before the time of thepublic hearing; andWHEREAS, the public hearing has now been held and any objections made concerning thefinancial assistance were consideredNOW, THEREFORE, BE IT RESOLVED by the Johnston County Board of Commissioners;1 That the street, streets, road, roads, or rights of way herein set out are withoutpaving and the public interest requires that the road be upgraded to meet minimum statemaintenance requirements, or that asphalt paving be made available and that abutting propertywill be benefitted to the extent of the part of the cost thereof to be assessed against theabutting propertyrNovember 3, 1980 Continued2 If the local improvements are ordered made by the North Carolina Department ofTransportation, the County of Johnston shall remit to the North Carolina Department ofTransportation the proportion of the cost thereof representing the total local share asrequired by policies of the North Carolina Department of Transportations Secondary RoadCouncil3 That the local improvements to be made on the streets, road, roads, or right ofway set out above are as follows That asphalt paving be installed by the North CarolinaDepartment of Transportation on Powell Street, West Smithfield, North Carolina4 That the proportion of the cost of the improvements to be assessed against theabutting property and the terms of payment will be as provided in the Notice of Public Hearingwhich was served on the owners of the property to be assessedNORTH CAROLINAJOHNSTON COUNTYUpon motion of Commissioner John M Booker, seconded by Comnissioner James W Cash, thefollowing resolution was adopted by the Johnston County Board of CommissonersWHEREAS, the Johnston County Board of Commissioners ordered a public hearing priorto the confirmation of the proposed assessment roll for the paving or upgrading of PowellStreet, West Smithfield, North Carolina; andWHEREAS, the Johnston County Board of Commissioners has attached the correct assessmentroll hereto and found it to be correctNOW, THEREFORE, BE IT RESOLVED by the Johnston County Board of Commissioners thatpursuant to NCGS 153 -195, the attached assessment roll is confirmed and that each assessmentis a lien on the property assessed as of November 3, 1980, andBE IT FURTHER RESOLVED, that a copy of this resolution and assessment roll be deliveredto the Johnston County Tax Collector for collection and BE IT FURTHER RESOLVED that the firstinstallment with interest is due on November 3, 1981, and that one installment is due on thatsame day in each successive year until this assessment is paid in full2, Public Hearing - Phillips Street PavingNorman C Denning, Chairman, called for the petitioners requesting the paving ofPhillips Street in West Smithfield Chairman Denning asked if there was any opposition tothis petition There being no opposition voiced at the Public Hearing it was requested thatPhillips Street be paved in accordance with GS? 153A- 1854 and 153A -205NORTH CAROLINAJOHNSTON COUNTYUpon motion of Commissioner James W Cash, seconded by Commissioner John M Booker, thefollowing resolution was adopted by the Johnston County Board of CommissionersWHEREAS, the County Board of Commissioners adopted a preliminary resolution givingnotice of intention to assist in the financing of improvements to rural subdivision andresidential streets; andWHEREAS, due notice has been given on the 3 day of November, 1980, at Smithfield,North Carolina, in the Comnissioners Room,-Johnston County Courthouse, Smithfield, NorthCarolina, a public hearing would be held on whether the assistance in financing the roadimprovements hereinafter described shall be made and that all objections to the legality ofthe making of such financial assistance are required by law to be made in writing, signed inperson or by an attorney, and filed with the Clerk to the Board at or before the time of thepublic hearing; andWHEREAS, the public hearing has now been held and any objections made concerning thefinancial assistance were consideredNOW, THEREFORE, BE IT RESOLVED by the Johnston County Board of Commissioners1 That the street, streets, road, roads, or rights of way herein set out are withoutpaving and the public interest requires that the road be upgraded to meet minimum statemaintenance requirements, or that asphalt paving be made available and that abutting propertywill be benefitted to the extent of the part of the cost thereof to be assessed against theabutting property2 If the local improvements are ordered made by the North Carolina Department ofTransportation, the County of Johnston shall remit to the North Carolina Department ofTransportation the proportion of the cost thereof representing the total local share asrequired by policies of the North Carolina Department of Transportations Secondary RoadCouncil3 That the local improvements to be made on the streets, road, roads, or right ofway set out above are as follows That asphalt paving be installed by the North CarolinaDepartment of Transportation on Phillips Street, West Smithfield, North CarolinaiI I?IirfiNovember 3, 1980 Continued4 That the proportion of the cost of the improvements to be assessed against theabutting property and the terms of payment will be as provided in the Notice of Public Hearingwhich was served on the owners of the property to be assessedNORTH CAROLINAJOHNSTON COUNTYUpon motion of Commissioner J E Rogerson, seconded by Commissioner John M Booker,the following resolution was adopted by the Johnston County Board of Commissioners;WHEREAS, the Johnston County Board of Commissioners ordered a public hearing priorto the confirmation of the proposed assessment roll for the paving or upgrading of PhillipsStreet, West Smithfield, North Carolina; andWHEREAS, the Johnston CountyBoard of Comnissioners has attached the correct assessmentroll hereto and found it to be correctNOW, THEREFORE, BE IT RESOLVED by the Johnston County Board of Commissioners thatpursuant to NCGS 153 -195, the attached assessment roll is confirmed and that each assessmentis a lien on the property assessed as of November 3, 1980, and BE IT FURTHER RESOLVED that acopy of this resolution and assessment roll be delivered to the Johnston County Tax Collectorfor collection and BE IT FURTHER RESOLVED that the first installment with interest is due onNovember 3, 1981, and that one installment is due on that same day in each successive yearuntil this assessment is paid in full3 Johnston County Genealogical SocietyMrs Margaret Maron, Incoming President, Johnston County Genealogical Society, alongwith other members, met with the board, asking that the County purchase the Upchurch Buildingon the corner of Market and Third Streets next to the Public Library to enable expansion ofthe librarys Johnston County Room and storage of genealogical and old historical recordsMrs Maron explained that the interest and need for local historical material has growntremendously since the national bicentennial Mr Harold Medlin, Library Trustee, Mrs MargaretLee, Mrs Virginia Sanders and W G Massey expressed their feelings that the purchase of thisbuilding by the county would certainly be a wise investment and an asset to the county libraryThe board accepted this request with appreciation and agreed to take it`under advise-ment4 Johnston County Council on AgingPatricia Cunningham, Director, Johnston County Council on Aging, since August, 1980met with the board to introduce herself and to speak with the board about the programs for theaging in Johnston County Ms Cunningham invited the board members to come by the Council onAging Office for visit5 Princeton - Community Development Program - Citizens Participation PlanThe board was again asked by Princeton officials to adopt a Citizens ParticipationPlan and a Memorandum of Understanding between the County of Johnston and HUD Office of FairHousing and Equal Opportunity Office of Voluntary Compliance, required by the HUD Office toqualify for a Community Development Grant Ralph Willoughby and Steven Culnan, North CarolinaDepartment of Natural Resources and Community Development, explained the New HorizonMemorandum of Understanding sets up a task force to hear complaints and to be available totalk with people that feel they have been discriminated against regarding fair housing Afer discussion, Commissioner James W Cash moved the Citizens Participation Planpursuant to the U S Department of Housing and Urban Developments Community Development SmallCities Comprehensive and Single Purpose Block Grant Program 24 CFR, Section 570431 be adoptedCommissioner John M Booker seconded the motion which was carried by unanimous voteThis plan on file with the Clerk in the Office of the County Administrator6 New Horizon Memorandum of Understanding - Princeton Community Development GrantUpon a motion by Commissioner James W Cash, duly seconded by Commissioner J ERogerson and carried by unanimous vote, the following resolution was adoptedNEW HORIZONS MEMORANDUM OF UNDERSTANDING BErlWEEN THE COUNTY OF JOHNSTON AND HUDOFFICE OF FAIR HOUSING AND EQUAL OPPORTUNITY OFFICE OF VOLUNTARY COMPLIANCEWHEREAS, Johnston County, hereinafter referred to as the County, is receiving or applyfor Federal subsidies administered by HUD for the purpose of improving housing and services ofthe County, including community development, for its low -and moderate- income residents;November 3, 1980 ContinuedWHEREAS, the County is required in receiving Federal subsidies to meet certainconditions to provide fair housing for people of all races, colors, creeds, national originsand both sexes;WHEREAS, the County recognizes that it could take steps to improve the status offair housing and fair lending above and beyond those actions required of it under the FederalFair Housing Law, Title VIII of the Civil Rights Act of 1968, and Section 109 of the Housingand Community Development Act of 1974;WHEREAS, the County has determined that the HUD sponsored New Horizons Fair HousingAssistance Project and its activities can enable the County to go beyond the basic requirementsin promoting fair housing and fair lending;THEREFORE, BE IT RESOLVED, that the County agrees to enter into a voluntary relation -ship with the Office of Voluntary Compliance to participate in the New Horizons Fair HousingAssistance ProjectBE IT FURTHER RESOLVED, the County agrees to establish a community -wide fair housingstrategy board or task force composed of influential citizens and others affected by fairhousing programs This group will develop an areawide fair housing strategy and actionprogram The County further agrees, after approval of the strategy and program, to designatean agency of government to implement the strategy and programBE IT FURTHER RESOLVED, that the board of task force members will be selected andthe first meeting held within three months after the signing of this agreement and that theboard will meet at least on a quarterly basis after its first meeting This board will alsomonitor implementation of the program, in accordance with our guidelines on reporting, andprovide periodic reports to the HUD Office of Voluntary Compliance, with a copy to the localHUD OfficeBE IT FINALLY RESOLVED, that the Office of Voluntary Compliance, FHEO, HUD willprovide the County continuing technical assistance this projectDate Chairman, Johnston County Board ofComnissionersDate HUD Area Office DirectorDateRegional Administration Region IVDateAssistant Secretary for Fair Housing andEqual Opportunity7 Princeton Planning BoardUpon a request from the Town of Princeton, Commissioner J E Rogerson moved thatManley E Tart be appointed,to replace Bryant Wellons on the Princeton Planning Board as anout of town memberCommissioner Frank B Holding seconded the motion which was carried by unanimousvote8 Subdivision - Aycock - Micro TownshipUpon the recomwndation of Harold Blizzard, County Planner, Commissioner J ERogerson moved that the Dale Wayne and Alice Grace Aycock Subdivision, nine lots, Micro Town-ship, State Road # 2130, be approved and the Chairman authorized to execute the platCommissioner Frank B Holding seconded the motion which was carried by unanimousvote9 Subdivision - Allen - Ingrams Township II4Upon the recommendation of Harold Blizzard, County Planner, Commissioner Frank BHolding moved that the J Rufus Allen Subdivision, five lots, Ingrams Township, State Road#1150, be approved and the Chairman authorized to execute the plat,Commissioner J E Rogerson seconded the motion which was carried by unanimous voteNovember- 3, 1980 Continued10 Landfill - Garbage ContainersCommissioner Frank B Holding moved that Harold Blizzard, County Planner and RolandHatcher, Landfill Manager, be authorized to advertise and receive bids for twelve 12 6 cubicyard slant top containers for the County LandfillCommissioner J E Rogerson seconded the motion which was carried by unanimous voteAt this time, the board asked the County Planner to help get the signs painted forbulk container site # 211 Emergency Management Coordinator DesignatedCommissioner Frank B Holding moved that Harold Blizzard, County Planning Director,be designated as the Emergency Management Coordinator for Johnston CountyCommissioner John M Booker seconded the motion which was carried unanimously12 Sheriff Johnson Request Office HelpGeorge Johnson, Sheriff, met with the board seeking an additional clerical positionfor the Sheriffs Office to help with the increased load of record keeping that they arerequired to do The Sheriff advised the board that the last two office clerks left his officebecause of the work load and he indicated that his office was in a,desperate situation ashe might even lose the third person if something is not doneThe board discussed this request and advised the Sheriff they would take it underadvisement13 Hospital Building ProgramHoward Benton, Chairman,, Johnston Memorial Hospital Board of Trustees, along withHuittReep, Administrator, and Dr John Prevette, met with the board and reported on workbeing done on the hospital building program Mr Reep told the board they had talked withConrad Taylor, Architect, North Carolina Department of Human Resources, and he advised theyshould develop a long range master plan with a phased building plan The board discussed thismatter and agreed to meet with the Hospital Board of Trustees Monday, November 10, 1980, at7 oclock pm Mr Benton asked for the boards guidance on which way to go with the hospitalbuilding program14 Courtroom RepairsWill R Crocker,Clerk of Superior Court, spoke to the board regarding repair to theceiling in the Superior Courtroom Mr Crocker told the board that Judge Canaday had writtenhim furnishing the name of a man in Raleigh that could restore and repair the ceiling JudgeCanaday indicated that he would appreciate the board considering this person to restore theceiling back to the original design when they decided to repair itThe board discussed this matter and instructed that Buck McLamb, MaintenanceSupervisor, be advised to make a determination as to whether or not the water leak from theJail has been repair The board further indicated that if the water leak had been corrected,the board would be glad to consider prices for the repair to the courtroom ceilingMr Crocker, at this time, thanked the board for the additional office space providedfor CSC- office in the basement of the courthouse He also asked the board if furniture be-longing to Judge Canaday could remain in the Courthouse for awhile The board advised MrCrocker that Judge Canaday could leave the furniture for an interim period of time15 Christmas Decorations - Courthouse GroundsElaine Parrish met with the board seeking permission to decorate with lights theevergreen tree on the front lawn at the Courthouse and for a Choral group to perform in frontof the Courthouse during the Christmas season December 15 to December 22After discussion, Commissioner Frank B Holding moved that these requests from MrsParrish be grantedCommissioner John M Booker seconded the motion which was carried by unanimous vote16 Minutes ApprovedThe board reviewed the minutes of the October 6th and October 27th board meetingsCommissioner James W Cash moved that the minutes of the October 6th and October 27thboard meetings be approved as recordedCommissioner J E Rogerson seconded the motion which was carried by unanimous voteNovember 3, 1980 Continued17 Council on Status of Women - ResignationCommissioner Frank B Holding moved that the resignation of Susan Lassiter from theCouncil on the Status of Women be accepted with regretCommissioner John M Booker seconded the motion which was carried by unanimous voteAt this time, it was called to the boards attention that the resignation of MrsLassiter would create three vacancies on this council The board had received recommendationsfrom the Council Chairman, Lina M Sanders The board deferred action on these appointmentsuntil a later date,I 18 Road Petition - S—R # 1135Commissioner Frank B Holding moved that a petition for paving for Secondary Road# 1135 be forwarded to the North Carolina Department of Transportation with the boardsrecommendations for considerationCommissioner James W Cash seconded the motion which was carried by unanimous vote19 Wynn Four Oaks Fire District - Amended BoundariesUpon motion by Commissioner J E Rogerson, duly seconded by Commissioner James WCash and carried by unanimous vote, it was moved that the Resolution Designating AmendedBoundaries for the Wynn Fire District adopted April 8, 1980, recorded on page 667, MinuteBook # 16`- 1974 be rescinded, and further that the following resolution designating thenew boundaries be adoptedRESOLUTION DESIGNATING AMENDED BOUNDARIES OF THE WYNN FIRE DISTRICTWHEREAS, the matter of fixing and declaring the amended boundaries of the Wynn FireDistrict was duly presented,AND WHEREAS, it appears that the Wynn Fire District has complied with minimumrequirements pertaining to the establishment of boundaries for Fire Districts in JohnstonCounty;j AND WHEREAS, the enlargement of its fire district has met the approval of the NorthICarolina Fire Insurance Rating Bureau;NOW THEREFORE, BE IT RESOLVED that the boundaries of the Wynn Fire District to beserved by the Four Oaks Fire Department be amended and officially designed and fixed as followsBEGINNING at point 1 at the intersection of roads 1162 and 1343; thence south -westerly to point 2 on road 1347, 02 miles south of its intersection with road 1162;thence southeasterly to point 3 at the westernmost end of Holts Lake; thence northeasterlyalong centerline of Holts Lake to point 4 on Interstate 95, 12 miles northeast of itsintersection with U S Highway 701; thence southerly to point 5 on road 1009, 06 milesouth of its intersection with road 1206; thence southerly to point 6 at the intersectionof U S Highway 701 and road `1178; thence southerly to point 7 on road 1179, 03 milessouth of its intersection with road 1178; thence southwesterly to point 8 on road 1213, 09mile southeast of its intersection with road 1178; thence northwesterly to point 9 on N CHighway 96, 10 mile south of its intersection 1178; thence southwesterly to point 10 onroad 1162, 01 mile north of its intersection with road 1160; thence southwesterly to point11 on road 1160, 09 mile east of its intersection with road 1159, excluding property onroad 1160 between this and the preceding point; thence southwesterly to point 12 on road1159, 04 mile southwest of its intersection with road 1160; thence southwesterly to point13 on road 1166, 02 mile south of its intersection with road 1208; thence northwesterlyto point 14 on road 1208, 04 mile northwest of its intersection with road 1166; thencenorthwesterly to point 15 on road 1229, 03 mile southwest of its intersection with 1167,excluding property on road 1208 between this and the preceding point; thence northwesterlyto point 16 on U S Highway 301, 05 mile southwest of its intersection with road 1354;thence northeasterly to point 17 on road 1354, 05 mile northwest of its intersection withU S Highway 301; thence northeasterly to point 18 on road 1353, 07 mile northwest of itsintersection with road 1352; thence northerly to point 19 at the intersection of roads 1350and 1353; thence northeasterly to point 20 at the intersection of roads 1308 and 1349;thence northeasterly to point 21 on road 1334, 02 mile west of its intersection with road1335; thence northerly to point 22 on road 1335, 02 mile northwest of its intersectionwith road 1334; thence northeasterly to point 23 at the intersection of roads 1338 and 1339;thence easterly to point 24 on road 1339, 06 mile_nothwest of its intersection with road1162; thence southeasterly to point l, the `J s description excludes propertywithin the City of Four Oaks?IiNovember 3, 1980 Continued20 Breathalyzer in CourthouseJohnnie Stott reported that he could find only two suitable places for a breathalyzerto be put in the Courthouse, a small room under the stairs in the basement and in the MagistratOffice Mr Stott advised that Sgt Byrd, State Highway Patrol, had not been by to check onwhether or not either of these two rooms would be suitable The board advised they woulddiscuss this matter further after Sgt Byrd comes by21 Water Problem - Seventh StreetJohnnie Stott reported that concerned citizens on Seventh Street had met with countyand town officials, and Buck McLamb, County Maintenance Supervisor, regarding the water problemon Seventh Street Mr Stott lso reported that Mr McLamb had met with Paul Anderson, DistrictEngineer, North Carolina Department of Transportation, to try and determine whose responsibilityit was to correct this water problem At this time, the State Engineer has stated that hecould not determine that the State had any responsibility, however, he was willing to makefurther investigation into the matter22 Road Petiton - Penn Compression, Moulding, IncCommissioner J E Rogerson moved that the access road to Penn Compression Moulding,Inc, be added to the State Secondary Road System for maintenanceCommissioner John M Booker seconded the motion which was carried by unanimous vote23 ReportsThe following reports were filed with the boardTax Collector, Electrical Inspector, Dog Warden, Library, Agricultural ExtensionService, Planning and Permits and Tax Supervisor24 Foster Care Child Restraint ProgramThe board was presented with a resolution fromthe North Carolina GovernorsHighway Safety Program regarding children under the direct care of the county as fosterchildren and their protection against death and serious injury in automobile accidents Thisagreement asked the county to cooperate with the state in providing a safety device forchildren under 50 pounds for use when being transported by foster parents or social servicescase workers The board deferred action at this time asking the County Attorney to studythis agreement and request25 Tax RefundUpon the recommendation of Johnnie Stott, Tax Supervisor, Commissioner Frank BHolding moved that James Freddie Worley of Boon Hill Township be refunded in the amount of26838 for property tractor and trailer listed in Johnston County that is based and usedfor business in the State of Alabama Alabama taxes have been paidCommissioner John M Booker seconded the motion which was carried by unanimous vote26 Four D ProgramCommissioner Frank B Holding moved that Norman C Denning, Chairman, be authorizedto execute the Title IVD Agreement to implement the Child Support Enforcement Program,Commissioner James W Cash seconded the motion which was carried by unanimous vote27 Probation Office SpaceChairman Norman C Denning asked Commissioner James W Cash to check on the officespace request from the Probation Office and to make a recommendation to the board at a laterdateUpon a motion by Commissioner John M Booker, duly seconded by Commissioner Frank BHolding and carried by unanimous vote, the board recessed until Monday, November 10, 1980, tomeet at 7 oclock pmI?Norman C Denning, ChairmanEleanor N Creech, Clerk11148061,