September 2, 1980 - 10:00 AM - County Board of Commissioners Meeting Minutes

September 2, 1980 - Regular1 21Fit widthMeeting of Board of Commissioners for the County of JohnstonSeptember 2, 1980The Johnston County Board of Commissioners met in regular sessionTuesday, September 2, 1980, at 10 oclock am, in the Commissioners Room ofthe Johnston County Courthouse, Smithfield, North Carolina, with the followingmembers presentNorman C Denning, Chairman, Frank B Holding, Vice Chairman, J ERogerson, James W Cash and John M Booker, DVMMembers Absent NoneThe Chairman called the meeting to order and the following businesswas transacted1 MinutesThe Board of Commissioners reviewed the minutes of the August 4th andAugust 12th board meetingsCommissioner J E Rogerson moved that the minutes of the August 4thand August 12th meetings be approved as recordedCommissioner James W Cash seconded the motion which was carried byunanimous vote2 Citizens Involvement CouncilCynthia Wertz, Deputy Director, Governors Office of Citizens Affairs,met with the board to encourage the appointment of a Johnston County CitizensInvolvement Council Ms Wertz explained that the Citizens Involvement Councilwas started in 1978 by Governor Hunt to get citizens involved and to promotevolunteer programs in the counties Ms Wertz emphasized that citizens need tounderstand that State Government has limited resources and that it can notdo all that needs to be done throughout the State, however, through volunteercitizens involvement and working with local elected officials State servicescan reach more peopleThe board discussed this matter and advised Ms Wertz they were notprepared to appoint a council at this time, however, each Commissioner wouldfurnish names to be appointed to this council3 Housing Assistance Payment ProgramJim Levinson, Attorney, met with the board favoring the ModerateRehabilitation Program in Johnston County and asking the Board of CountyCommissioners to give their approval for the Housing Assistance Office to makeapplication for funds for fifty additional units in Johnston County The boardhad discussed the invitation to make application from HUD at an earlier date,however, had taken no actionMr Levinson emphasized that housing rehabilitation improves communityappearance, helps disadvantated people, increases the tax base and gives tenantsdescent housingMr Roy Coates, speaking on behalf of Community Development and ModerateHousing Rehabilitation Assistance, strongly emphasized the need for safe,sanitary and descent public housing for low income families in JohnstonCountyThe Board of Commissioners discussed this matter at length and ex-pressed reservations about additional public housing in Johnston CountyCommissioner Frank B Holding questioned to much public housinng feeling that itcould become a liability to the countyAfter discussion, Commissioner James W Cash moved that the JohnstonCounty Housing Assistance Payment Program be granted permission to makeapplication to HUD for additional housing units for the Moderate RehabilitationProgram, and further that the county respectfully expressed;that HousingRehabilitation funds be spent over the entire countyCommissioner J E Rogerson seconded the motion which was carried bythe following voteAye James W Cash, J E Rogerson, John M BookerNay Frank B Holding and Norman C Denning4 Reports5September 2 ContinuedThe following reports were filed with the boardElectrical Inspector, Dog Warden, Tax Collector, Extension Service201 Wastewater TreatmentCounty of Johnston, TownSanitary District, TownFacility - Declaration of Joint Venture -of Smithfield, Town of Selma, West Smithff Pine Level and the Town of Four OaksieldTim Broome, Ragsdale Engineers, met with the board seeking the boardsapproval of the Declaration of Joint Venture between the County of Johnston,Town of Smithfield, Town of Selma, West Smithfield Sanitary District, Town ofPine Level and the Town of Four Oaks, Mr Broome explained that all agencieshad approved this agreement with the exception of the West Smithfield SanitaryDistrict, and he asked for the boards approval subject to their WSSD approvalUpon motion by Commissioner Frank B Holding, duly seconded byCommissioner John M Booker and carried by unanimous vote, the Declaration ofJoint Venture among the units of government consisting of the County of Johnston,the Town of Smithfield, the Town of Selma, West Smithfield Sanitary District,the Town of Pine Level, and the Town of Four Oaks was adopted and the Chairmanauthorized to execute same, subject to the approval of the West SmithfieldSanitary District These contracts on file in the Office of the Clerk to theBoard County Administrator s Off ice Also see Page 30 - 42 Recorded OrdinanceBook # 16 201 Wastewater Facility - Neuse River - Easement to C P LUpon motion by Commissioner John M Booker, duly seconded by CommissionerFrank B Holding and carried by unanimous vote, the following easements weregranted to Carolina Power and Light CompanyKNOW ALL MEN BY THESE PRESENTS, That Johnston County, a body politic andcorporate, hereinafter called Grantor , in consideration of the sum of 100,in hand paid by CAROLINA POWER AND LIGHT COMPANY, the receipt whereof is herebyacknowledged, hereby grants unto said CAROLINA POWER AND LIGHT COMPANY, herein-after called Company , its successors and assigns, the right, privilege andeasement to go in and upon certain tract or lot of land situated in IngramsTownship in said County and State, containing 119 acres, more or less, beingthe land described in a deed recorded in Book 855, page 148, Johnston CountyRegistry and certain tract or lot of land situated in Smithfield Township insaid County and State, containing 53 acres, more or less, being in landdescribed in a deed recorded in Book 847, page 676, Johnston County Registryand to construct, maintain and operate in, upon, and through said premises,in a manner suitable to it, with poles, wires, cables, underground conduits, andother necessary apparatus and appliances, a line, or lines for the purpose oftransmitting power by electricity, together with the right at all times to enterupon said premises for the purpose of inspecting said lines and making necessaryrepairs and alterations thereon; and the right to permit the attachment of andor carry in conduit wires and cables of any other company or person; togetherwith the right at all times to cut away and keep clear of said lines all treesand other obstructions that may, in any way, endanger the proper maintenanceand operation of the sameTO HAVE AND TO HOLD the aforesaid right, privilege and easement untoCAROLINA POWER AND LIGHT COMPANY, its successors and assigns, forever7 Thanksgiving Fire Department - Extension of BoundariesUpon motion of Commissioner John M Booker, duly seconded by CommissionerJ E Rogerson and carried by unanimous vote, the following resolution wasadoptedResolution Designating Amended Boundaries of the Thanksgiving FireDistrictWHEREAS, the matter of fixing and declaring the amended boundaries ofthe Thanksgiving Fire Districtl was duly presented,AND WHEREAS, it appears that the Thanksgiving Fire Department hascomplied with minimum requirements, as contained in resolution adopted by theBoard of County Commissioners on October 3, 1955, pertaining to the establishmentof fire departments and fire districts in the county,AND WHEREAS, the enlargement of its fire district has met the approvalof the North Carolina Fire Rating Bureau,September 2, 1980 ContinuedNOW THEREFORE, be it resolved that the boundaries of the ThanksgivingFire District to be served by the Thanksgiving Fire Department be amended andofficially designated and fixed as followsBEGINNING at a point 1 on Wise Road, SR 1733, 04 miles east of itsintersection with SR 1737; thence in a southeasterly direction to a point 2on NC 96, 02 mile north of its intersection with SR 1735; thence in a south-easterly direction to a point 3 on NC 42 at the intersection of SR 1944;thence in a southerly direction to a point 4 on SR 1945 11 mile east of itsintersection with NC 96; thence in a southerly direction to a point 5 on SR1947 06 mile east of its intersection with NC 96; thence in a southeasterlydirection to a point 6 on SR 1720 12 mile east of its intersection with NC 96;thence in a southwesterly direction to a point 7 at intersection of NC 96 andSR 1938; thence in a westerly direction to a point 8 on SR 1938 09 mile westof its intersection with NC 96; thence in a northwesterly direction to a point9 on SR 1941 04 mile east of its intersection with SR 1003; thence in anorthwesterly direction to a point 10 on SR 1003 03 mile northwest of itsintersection with intersection of SR 1905; thence in a northwesterly directionto a point 11 on NC 42 10 mile west of its intersection with SR 1003; thenin an easterly direction following the route of NC 42 to the bridge over BuffaloCreek 12; thence in a northwesterly direction to a point 13 at the bridgeover Buffalo Creek on SR 1735; thence in a northerly direction to a point 14on SR 1720 l mile northwest of its intersection with SR 1733; thencein a south-easterly direction to the point of the beginning,+8 Planning Board - AppointmentCommissioner J E Rogerson moved that David Richardson, Route # 1,Wendell, North Carolina, be appointed to the Johnston County Planning Board tofill the unexpired term of Robert L Holt, This term expiring May 15, 1982Commissioner John M Booker seconded the motion which was carried byunanimous vote9 Recreation Grants Approved Revenue Sharing FundsKramer Jackson, County Administrator, presented the following recreationgrant applications submitted for Revenue Sharing Recreation grantsCleveland Little League 2,000; Town of Selma 2,000; Spartan BoosterClub 2,000; Princeton Little League 1,875; Micro School PTA 1,980;Corinth Holders Booster Club 2,000; Johnston County Extension 4 -H1,800; Meadow Athletic Association 1,200; South Johnston BoosterClub 2,000; Clayton Civitan Club 2,000; Kenly Kiwanis Club 1,500;Archer Lodge Volunteer Fire Department 2,000; Archer Lodge CommunityCenter 2,000; Princeton Area Recreation 2,000; Town of Four Oaks2,000; Town of Kenly 2,000; South Smithfield Elementary PTA 1,680;Four Oaks PTA 2,000; Selma Booster Club 2,000; Town of Pine Level2,000; Town of Pine Level -Parks and Recreation 2,000; Kenly LionsClub 1,980; Micro School Booster Club 2,000; Princeton CommunityActivities, Inc 2,000; Princeton Booster Club 2,000; Town of Micro2,000; Four Oaks Civitan Club 2,000Commissioner J E Rogerson moved that the above 27 Revenue SharingRecreation Grant applications be appoved, and that no more applications beconsidered for this fiscal year Commissioner Rogerson further moved that wheniand if necessary this budget line item be amendedCommissioner Frank B Holding seconded the motion which was carriedby unanimous vote10 Social Services Budget - RevisedUpon the recommendation of the County Administrator, CommissionerJames W Cash moved that the Budget Ordinance be amended in the followingmannerSection I EXPENDITURES FROM TOSocial Services 2,326376 2,301,331Title XX 277,778 262,940Section 2 REVENUESState of North Carolina 2,313,121TOTAL GENERAL FUND REVENUES 13,454,2912,323,24313,464,413iESeptember 2, 1980 Continued18 Generator - Sheriffs DepartmentThe County Administrator reported to the board that the old armysurplus generator at the Courthouse will no longer supply power to the SheriffsCommunications System and that it needs to be replaced It was also reportedthat recently the power was knocked out by an electrical storm and the SheriffsDepartment was without electricity for several hours The board discussed thismatter and asked the County Administrator to check on the cost of a generator19 Clean -Up Litter Campaign WeekThe County Administrator advised the board that the week of September8th - 12th has been proclaimed Clean Up Litter Campaign Week The boardexpressed interest and asked the Landfill to cooperate in this campaign20 Hospital InsuranceThe board was asked if the Hospital Board of Trustees should beconsidered for the countys hospital insurance group coverageThe board took no action at this time21 Archer Lodge Bridge ProjectCommissioner James W Cash mentioned to the board that several peoplein the Clayton - Archer Lodge area had mentioned the bridge project over theNeuse River near Archer Lodge and were concerned about the progress of theconstruction Kramer Jackson, County Administrator, advised that the NorthCarolina Department of Transportation had been made aware of this situation andhas contacted the contractor and he has promised a completion date of December22 Appointment - Town of Selma Board of AdjustmentsCommissioner Frank B Holding moved that the county concur with theTown of Selmas recommendation and appoint Roy Vann to fill the unexpired termof Harold Hales on the Board of Adjustments This term expiring on May 1, 1982Commissioner John M Booker seconded the motion which was carried byunanimous vote23 Childrens Christmas Fund ProjectThe Department of Social Services requested permission to have a FleaMarket on county property once a year to help the Childrens Christmas FundThe board gave their permission, however, asked that this project be properlyidentified24 Health Department - Petty Cash FundCommissioner John M Booker moved that the Health Department be grantedpermission to have a 2500 petty cash fund in order to make change for theFamily Planning Clinic fee collectionCommissioner James W Cash seconded the motion which was carried byunanimous vote25 Pasteurized Milk Ordinance - Revised StandardsCommissioner John M Booker moved that the Board of Commissionersconcur with the Board of Health in the approval of the Revised Standards of the1978 Pasteurized Milk OrdinanceCommissioner James W Cash seconded the motion which was carried byunanimous votePUBLIC HEARINGA Flowers Street - Petition for Paving Street West SmithfieldNorman C Denning, Chairman, called for the petitioners requesting thepaving of Flowers Street in West Smithfield Chairman Denning asked if therewas any opposition to this petition There was no opposition voiced at thisPublic Hearing Mrs Helen Ray spoke for the petitioners and asked the Boardof Commissioners to approve the paving of Flowers Street in West Smithfield inaccordance with General Statutes 153A -185 4 and 153A -205Upon a motion by Commissioner James W Cash seconded by CommissionerJohn M Booker, the following resolution was adopted by the Johnston CountyBoard of CommissionersIiiSeptember 2, 1980 ContinuedWHEREAS, THE County Board of Commissioners adopted a preliminaryresolution giving notice of intention to assist in the financingof improvementsto rural subdivision and residential streets; andWHEREAS, due notice has been given on the 4th day of August, 1980, atSmithfield, North Carolina, in the Commissioners Room, Johnston County Court-house, Smithfield, North Carolina, a public hearing would be held on whetherthe assistance in financing the road improvements hereinafter described shallbe made and that all objections to the legality of the making of such financialassistance are required by law to be made in writing, signed in person or by anattorney, and filed with the Clerk to the Board at or before the time of thepublic hearing; andWHEREAS,th-e,public hearing has now been held and any objections madeconcerning the financial assistance were consideredNOW, THEREFORE, BE IT RESOLVED by the Johnston County Board ofCommissioners1 That the street, streets, road, roads, or rights of way hereinset out are without paving and the public interest requires that the road beupgraded to meet minimum state maintenance requirements, or that asphaltpaving be made available and that abutting property will be benefited to theextent of the part of the cost thereof to be assessed against the abuttingproperty2 If the local improvements are ordered made by the North CarolinaDepartment of Transportation, the County of Johnston shall remit to the NorthCarolina Department of Transportation the proportion of the cost thereofrepresenting the total local share as required by policies of the North CarolinaDepartment of Transportations Secondary Road Council3 That the local improvements to be made on the street, streets,road, roads, or right of way set out above are as follows That asphaltpaving be installed by the North Carolina Department of Transportation onFlowers Street abutting State Road 1959 and State Road 1965 West Smithfield,North Carolina4 That the proportion of the cost of the improvements to be assessedagainst the abutting property and the terms of payment will be as provided inthe Notice of Public Hearing which was served on the owners of the property tobe assessedNORTH CAROLINAJOHNSTON COUNTYUpon motion of Commissioner James W Cash, seconded by CommissionerJohn M Booker, the following resolution was adopted by the Johnston CountyBoard of CommissionersWHEREAS, the Johnston County Board of Commissioners ordered a publichearing prior to the confirmation of the proposed assesment roll for thepaving or upgrading of Flowers Street, West Smithfield, N C; andWHEREAS, the Johnston County Board of Commissioners has attached thecorrect assessment roll hereto and found it to be correctNOW, THEREFORE, BE IT RESOLVED by the Johnston County Board ofCommissioners that pursurant to NCGS 153 -195, the assessment roll is confirmedand that each assessment is a lien on the property assessed as of September 2,1980, and BE IT FURTHER RESOLVED that a copy of this resolution and assessmentroll be delivered to the Johnston County Tax Collector for collection and BEIT FURTHER RESOLVED that the first installment with interest is due onSeptember 2, 1981, and one installment is due on that same day in eachsuccessive year until this assessment is paid in fullB Jessica Street - Petition for Upgrading J W LangstonSubdivision - Princeton, N,CNorman C Denning, Chairman, called for the petition requesting theupgrading of Jessica Street in the J W Langston Subdivision, Princeton, N CChairman Denning asked if there was any opposition to this petition KramerJackson, County Administrator, having examined the petition advised the boardthere are ten property owners on,-this street and only seven have agreed on theupgrading of this street at this time, which was only 70 I2The Chairman advised that this petition was not complete andCommissioner Frank B Holding moved that the petition for Jessica Street J WLangston Subdivision be returned to the petitioners for getting the requisitenumber of property owners signatures and that a new hearing date be dulypublished when the petition with enough signatures thereto is presented to the,boardCommissioner John M Booker seconded the motion which was carried byunanimous voteAt this time, the Chairman closed the Public Hearing,26 U S 301 - Widening Smithfield to SelmaCommissioner Frank B Holding moved that the North Carolina Departmentof Transportation be requested to expedite plans in the near future to widenU S Highway 301 between Selma and Smithfield Johnston County due to theheavy flow of traffic and congestion in this areaCommissioner John M Booker seconded the motion which was carried byunanimous vote27 County Planner HiredKramer Jackson, County Administrator, reported that the County Plannersposition had been vacant for about 75 days and had been advertised State wideMr Jackson stated the Planning Board had interviewed the top three applicantsand Harold Blizzard was their recommendation Mr Jackson indicated heconcurred with the Planning Boards recommendation, and introduced Mr Blizzardto the Board The board members talked with Mr Blizzard about the CountyPlanners job in Johnston CountyAfter discussion, Commissioner J E Rogerson moved that HaroldBlizzard be employed as Johnston County Planner effective October 1, 1980Commissioner James W Cash seconded the motion which was carried byunanimous vote28 Cutter Lab Pretreatment - State GrantKramer Jackson, County Administrator, advised that the county hasrequested State Clean Water Bond funds in the amount of 13,125, however, thebalance in the Johnston County Pollution Control account is 10,389, which isthe amount of the grant offer Johnston County has agreed to finance 372 or19,688 for the upgrading of the Cutter Lab Pretreatment Facility, and Cutterhas agreed to finance 19,688 Mr Jackson further advised that the balanceof this project to be funded is 2,736 If the county is to pay the 2,736,the March 3,1979 minutes should be amended to read county is to fund 43 , ifthe county is to finance one -half of 2,736 the minutes should be amended toread 40 Mr Jackson asked the board to accept the State grant offer in theamount of 10,389Upon a motion by Commissioner James W Cash, duly seconded byCommissioner J E Rogerson and carried by unanimous vote, Kramer Jackson,County Administrator, was authorized to accept the offer of a State Grant fromthe North Carolina Department of Natural Resources and Community Development,Division of Environmental Management, in the amount of 10,389 State ProjectNo WC -375, and further the county agrees to the assurances contained withinthis grant offer29 Air Condition - Courthouse Basement OfficesUpon the recommendation of the County Administrator, CommissionerFrank B Holding moved that the proposal from Pernell, Inc,, of Smithfield,to install a cooling system for the basement offices of the Register of Deeds, {and the Clerk of Superior Court in the amount of 1,957 be accepted,Commissioner J E Rogerson seconded the motion which was carried byunanimous vote _At this time, Commissioner John M Booker cautioned the county toinstall a system that has all copper or replaceable aluminum coilsNESeptember 2, 1980 Continued30 Office Space - Clerk of Superior Court BasementThe County Administrator presented aCompany to build one wall in the basement ofof Superior Courts office space at a cost oAfter discussion, Commissioner Frankconstruct the wall as requested, but to haveactual work and solicit help if neededCommissioner John M Booker secondedunanimous voteproposal from Langley Constructionthe Courthouse expanding the Clerkf 2,200B Holding moved that the countythe Maintenance Supervisor do thethe motion which was carried by31 Sign on County Property - Mokie StancilThe County Administrator advised the County Commissioners of a signsigns located on county property on I -95 next to the KOA Campgrounds TheAdministrator stated that the sign is owned by M W Stancil Mr Stancil haspaid rent at 200 per year for the past two years to Kenneth Talton Mr Stanciunderstood Mr Talton to own this property The County Administrator furtheradvised that Mr Stancil had invested approximately 7,000 in construction ofthese two signs and had purchased the permit for the signs from Mack FaulkAfter discussion, Commissioner James W Cash moved that the countylease this property to M W Stancil at the price of 200 per year on a yearto year basis, and further that the county try to recover the 400 paid toKenneth TaltonCommissioner Frank B Holding seconded the motionvihich was carried byunanimous vote32 Resignation - Kramer Jackson - County AdministratorKramer Jackson, County Administrator, presented the following letterof resignation to the Board of Commissioners;September 1, 1980Board of County CommissionersCounty of JohnstonP 0 Box 1049Smithfield, North CarolinaDear Mr DenningI respectfully submit my resignation as Johnston County Administratoreffective September 28, 1980I have enjoyed an excellent working relationship with the Board duringthe past six years I very much appreciate your kindness to me andthank you for letting me work for the countyI have given much thought to changing jobs I carefully weighedpersonal goals and family considerations before reaching the decisionto resignI wish you good health, happiness and continued success with thegoverning of the countyRespectfully yours,Kramer JacksonCommissioner Frank B Holding moved that the board recess untilThursday, September 11, 1980, at 4 oclock pmCommissioner John M Booker seconded the motion which was carried byunanimous voteNorman C, Denning, Chairman,Eleanor N Creech, Clerk92680uReference Page 23 - Item # 5NORTH CAROLINAJOHNSTON COUNTYDECLARATION OF JOINT VENTURE made this day of 1979, among Units of Governmentconsisting of the COUNTY OF JOHNSTON, THE TOWN OF SMITHFIELD, the TOWN OF SELMA, WESTSMITHFIELD SANITARY DISTRICT, the TOWN OF PINE LEVEL, AND the TOWN OF FOUR OAKSWITNESSETHTHAT FOR AND IN CONSIDERATION of the mutual covenants and agreements herein contained,hereinabove named units of government hereby enter into an agreement for the administration,construction, operation and maintenance of a wastewater facility hereinafter definedWHEREAS, P L 92 -500, Down as the Federal Water Pollution Control Act of 1972 hasrequired the implementation of the best practicable waste treatment technology to beinstituted by local governments on or before September 31, 1983; andWHEREAS, pursuant to the provisions of Public Law 92 -500, the units of governmententering into this agreement made an area -wide study to determine the most cost effectivemeans of wastewater treatment and collection The study area known as the Smithfield -Selma201 Wastewater Facilities Planning Area, hereinafter referred to as 201 Area, was formed toaddress wastewater needs of the area The goals of the 201 Plan include, but are not limitedto, the national water quality objectives to preserve and protect area water supplies, thepreservation and enhancement of surface waters for recreation and fishing, indentificationand alleviation of local sewage problems, and provisions for future growth of the areaThe 201 Plan was completed Nine separate alternatives for wastewater collectionand treatment were investigated and all units of government agreed on one Plan Plan IA inthe 201 Study Plan, and all units of government adopted by resolution Plan lA, copies ofsaid resolution being attached hereto and incorporated herein by referenceThe joint venture by all units of government to this agreement adopted for implement -ation of the Plan provides for the County of Johnston, hereinafter referred to as County,to own, operate, and control the wastewater treatment plant, and all joint -use collection,interception and pumping facilities outside the existing municipal boundaries and the WestSmithfield Sanitary District boundaries; and, further that the County is to-own operate, andcontrol all joint use interception and pumping facilities lying within the municipal limitsof any Town or the West Smithfield Sanitary District boundaries Each municipality and theWest Smithfield Sanitary District are to own, operate, and control its respective collectionfacilitiesThe County shall arrange for local capital cost financing of the joint use facilities,with the users reimbursing the county for the costs Users shall pay for all costs ofoperation, maintenance, and equipment replacement The basic system will be financed andoperated on a user pay basis, which incorporates flow rate and strength as the bases fordetermining unit costThe parties to this agreement selected Plan lA to the exclusion of all otheralternatives, and all parties to the agreement understand and accept that the basis forselection of this Plan to the exclusion of others was as follows1 Plan lA offers lower annual costs for wastewater disposal to more units ofgovernment and agencies than any other plan2 Plan lA will eliminate all discharges of treated effluent within the 201 Areaupstream of the Smithfield Water Supply Intake, a regional water supply source The onlydischarges to surface water in the 201 Area will be the regional plant discharge and twoindustrial cooling water discharges3 Plan lA will consolidate operations and eliminate duplications of wastewatertreatment plant operation for smaller units of government4 Plan IA makes optimal use of the Smithfield area interceptors which have excesscapacity and further makes optimal use of the Smithfield treatment facilities already inoperation5 Plan lA provides for singular responsibility for wastewater treatment, managementand quality control of affluent6 Any required further improvements in effluent quality during the planning periodcan be more economically achieved by upgrading the system at one site, rather than improve-ments to multiple systemsAttached hereto and incorporated herein by reference are the resolutions by theCounty, all municipalities and the West Smithfield Sanitary District for adoption of Plan lAunder the 201 Study and adoption of the aforesaid administrative and financial arrangementsfor implementation of this Plan and the agreement to continue participation in the Planj The County of Johnston agrees as follows1 To own, operate, and control the wastewater treatment plant and all joint usecollection, interception, and pumping facilities outside the municipal limits of eachIIjSeptember 2, 1980 ContinuedThe County of Johnston agrees as follows1 To own, operate, and control the wastewater treatment plan and all joint usecollection, interception, and pumping facilities outside the municipal limits of eachmunicipality joining in this Plan and the West Siithfield Sanitary District boundaries, inaddition to all joint use interception and pumping facilities lying outside said units2 To serve as leadagency in implementing Plan lA of the Smithfield -Selma 201 FWastewater Facility Plan3 To exercise best effort in obtaining grants from the Environmental ProtectionAgency and the State of North Carolina, for the construction of the first phase facilitiesunder the Plani4 To finance the local capital costs share of the first stage wastewater facilitieson the basis of the users of the facilities reimbursing the County for said capital expenditurewith interest at a rate of five percent 57o over a ten -year period5 To receive from the Town of Smithfield and thereafter, own, operate, and maintainthe existing Smithfield Wastewater Treatment Plant, including a 34_25 acre site with apermanent easement and all improvements thereon for access to the property thereon and to,in turn, dedicate an easement through the site to the Town of Smithfield for access to theremainder of the Towns property in the vicinity6 To receive from the Town of Smithfield and thereafter own, operate, and maintainthe existing 30 inch, 24 inch, 21 inch, and 15 inch interceptor lines which run along theNeuse River and Buffalo Creek from the existing treatment plant to the vicinity of U S 70A7 To receive from the Town of Smithfield and thereafter own, operate, and maintainthe existing 15 inch 12 inch Wilson Street interceptor which runs from the existing wastewaterplant to the intersection of Crestview Drive and Heath Street8 To receive from the Town of Smithfield and thereafter own, operate, and maintainthe existing Buffalo Creek pumping station, located north of the Smithfield water plant,including a 022 acre site and all improvements thereon and an access easement on North SecondStreet extension in the Town of Smithfield to the station9 To receive from the Town of Smithfield and thereafter own, operate and maintainthe existing 10 inch Buffalo Creek force main and easements therefor, which runs from theBuffalo Creeck Station along Buaffalo Creek to the upstream treminus of the existing 24 inchNeuse River interceptor at the now abandoned water plant on Front Street in the Town ofSmithfield10 To receive from the Town of Selma and thereafter own, operate, and maintain theexisting Selma Wastewater Treatment Facility, southwest of Town, including a 483 acre site,and all improvements thereon and to receive an easement from Noble Street, also known asState Road 1900, to the site for permanent access by the County11 To receive from the Town of Selma and thereafter own, operate, and maintain theexisting 18 inch interceptor which runs along the access road to the existing Selma TreatmentFacility and the 15 inch Noble Street interceptor and easement therefor which run along NobleStreet from Sharpe Street to the existing 18 inch interceptor12 To acquire all additional tracts of land, access easements and utility easementsrequired for construction of the approved facilities proposed in the first phase of Plan lAunder the Smithfield -Selma 201 Wastewater Facilities Plan13 To construct-all improvements proposed in the first phase of Plan IA under theSmithfield -Selma 201 Wastewater Facilities Plan14 To receive and transport wastewater from the Towns of Smithfield, Selma, PineLevel, and Four Oaks; and the West Smithfield Sanitary District; and from adjacent areasand environs which may be developed in the future, but which would not be served directlyby the Smithfield, Selma, Pine Level, and Four Oaks, or the West Smithfield Sanitary Districtjwastewater systems15 To treatoand discharge the aforesaid wastewaters in accordance with the require-ments of the NPDES Discharge Permit to the best of the Countys ability16 To operate the aggregate joint use wastewater facilities on a user -pay basis; tocharge Smithfield, Selma, Pine Level, Four Oaks, the West Smithfield Sanitary District andother users not charged by the aforesaid entities for the service of receiving, transporting,treating, and discharging wastewaterii,ISeptember 2, 1980 Continued17 To meter or otherwise determine the quantity of wastewater from the users of thesystem in the manner outlined in`the201 Plan18 To periodically at least quarterly determine the quality of wastewater fromthe bulk users of the facility19 To conceive, adopt, and implement a fair and equitable system of user chargeswhich shall be based on the quality and quantity of wastewater received, and the direct andindirect costs involved in transporting and treating said wastewaters Charges shall include,but not be limited to, cost of labor, administration, energy, water, vehicle transportation,training, equipment repair, and equipment replacement, materials, supplies, and chemicals,and reimbursement payments to the County for the debt service on local cost and the Town ofSmithfield outstanding bonds on the joint use facilities as hereinafter providedIt is understood that the cost of transporting and treating non - excessive infiltrationand inflow remaining in joint use interceptors shall be shared proportionately by therespective users of said facilities The quantity of non - excessive infiltration and inflowremaining in joint -use interceptors shall be determined at least annually20 To maintain a cash reserve fund for emergency repairs to equipment and facilitieswhich exceed 5,00000 at any one occurrence The amount of the fund shall not be less than50,00000 for each years operation21 To prepare a schedule of charges by May 1 of each year for the upcoming fiscalyear July l; through June 30 and to review the charges annually on the basis of the pastyears experience and estimated costs for the coming year, and to adjust charges, if required,annually or more frequently but not greater than quarterly if required due to extraordinarycosts22 To invoice each user by the 15th day of the month for the previous monthsservices Invoices shall show base charges and industrial cost recovery charges23 To implement an industrial cost recovery system in accordance with the require-ments of PL 92 -500 and PL 95 -217 The ICR System shall be compatible with the ICRSystems adopted by Smithfield, Selma, Pine Level, Four Oaks and if required West SmithfieldSanitary District24 To reimburse the Town of Smithfield for the outstanding sewer bonds on theexisting joint use facilities transferred to the County Reimbursements are to be mde overa 20 year period with interest at 67o and in accordance with the attached schedule25 To contract with the Town of Smithfield on an annual basis for operation andmaintenance for the wastewater treatment facilities and improvements, the aforesaid 30 inch,24 inch, 21 inch, and 15 inch interceptors; the new parallel 18 inch Neuse River interceptorand 6 inch force main; the 24 inch Buffalo Road interceptor and the Buffalo Creek pumpingstation and improvements; existing 10 inch force main and new parallel 6 inch force main alongBuffalo Creek26 To contract with the Town of Selma on an annual basis for operation and maint-enance of the new Selma Equalization and Pumping Facilities; the new 12 inch force main fromthe equalization and pumping facilities to the upstream terminus of the new 24 inch BuffaloRoad interceptor; the aforesaid 18 inch and 15 inch interceptors; and the new parallel 21inchNoble Street interceptor27 To reimburse the Towns of Smithfield and Selma for cost of operation and maint-enance on a monthly basis in 12 equal monthly installments for each years budget Paymentsare to be made by the 15th day of the month for the prior months service28 To prepare, adopt, and implement a sewer use ordinance which will be to theextent possible compatible with those of the Towns of Smithfield, Selma, Pine Level, andFour Oaks; and West Smithfield Sanitary District The ordinance will apply to all users, notserved by either Smithfield, Selma, Pine Level, Four Oaks, or the West Smithfield SanitaryDistrictThe Town of Selma has agreed pursuant to a regularly adopted ordinance as follows1 To participate in Plan IA of the Smithfield -Selma 201 Wastewater Facilities Planwith the County of Johnston to serve as lead implementing agency for the Plan; the County ofJohnston to own, operate, and control the wastewater treatment plant and all joint -usecollection, interception, and pumping facilities outside Town and WSSD limits in addition toall joint -use interception and pimping facilities lying within Town and WSSD limits; theCounty of Johnston being responsible for construction of all joint -use wastewater facilitiesand to finance the local capital cost share of the first stage facilities on the basis that theusers of the facilities reimbursethe County for said capital expenditures with interest at arate of 5 over a 10 year period; and with the County to operate the facilities on a user -pay basisSeptember 2, 1980 Continued2 To transfer to the County of Johnston the existing Selma Wastewater TreatmentFacility, southwest of Town including a 483 acre site, and all improvements thereon, and alsoto transfer to -;the ;County an easment from Noble Street SR 1900 to the site for permanentaccess by the County3 To transfer to the County of Johnston the existing 18 inch interceptor which runsalong the access road to the existing Selma Treatment Facilities and the 15 3hch Noble Streetinterceptor and easements therefor which run along Noble Street from Sharpe Street to theexisting 18 interceptor4 To operate, maintain, and repair the aforesaid facilities at its own cost untilconstruction of the first stage of the wastewater facilities improvements under the Plan arecomplete and accepted and wastewater is diverted into the regional system from the Selma area5 To prepare, adopt, and implement an Industrial Cost Recovery System in accordancewith EPA requirements therefor, and meeting the approval of the County of Johnston6 To prepare and adopt a suitable sewer use ordinance in accordance with therequirements of the County of Johnston and to implement same on or before January 1, 19807 To prepare, adopt, and implement a user- charge system based on quantity and qualityof wastewater meeting the approval of EPA The ICR provisions of the user- charge system shallmeet the approval of the County8 To pay the County of Johnston within 15 days after receipt of an invoice forreceiving, transporting, treating, and discharging wastewater from the Selma sewer systemThe invoice shall be based on the wastewater flow quantity and quality as determined in themanner outlined in the 201 Plan9 To retire the outstanding sewer bonds on the existing wastewater facilities to betransferred to the County of Johnston10 To con; -tact with the County of Johnston on an annual basis for operation andmaintenance of the Selma equalization and pumping facilities, the new 12 inch force mainfrom the aforesaid facilities to the upstream terminus of the 24 inch Buffalo Road interceptor;the aforesaid existing 18 inch and 15 inch interceptors; and the new parallel 21 interceptoron Noble Street11 To institute an accounting system to separately account for all costs related tooperation, maintenance, and replacement of the joint -use facilities for which the Town wouldcontract with the County for operation and maintenance, and to implement said cost accountingsystem on or before July 1, 1979To prepare an annual budget for the cost of operation, maintenance, and replacementof said joint -use facilities and submit same to County by April 1 of each yearTo prepare an audit of all costs of operation, maintenance, and replacement of theaforesaid joint -use facilities and submit to the County by November 30 of each year12 To provide sewer taps to all potential customers requesting sewer services whichlie within the legal and or contractual jurisdictional limits of the Town, provided thepotential customer is situated within a reasonable distance of an existing gravity sewer lineand gravity service can be provided to said customer The charge to the customer for saidsewer taps shall be set by Ordinance; however, said Ordinance shall not affect the contractsheretofore entered into by the Town of Selma for recoupment of costs of water and sewer linespreviously installed at the partial expense of the property owners In event said customeris not provided water by the Town, then the Town shall require the customer to install at hisown cost an approved water meter on his individual well system and grant the Town access toread the meter for sewer billing purposesTOWN OF SELMABY James E PeedinMayorATTESTPauline SmithCity Clerkaffix corporate sealCOUNTY OF JOHNSTONBY Norman C DenningNorman C Denning, ChairmanJohnston County Board of CommissionersATTESTEleanor N CreechEleanor N Creech, Clerkaffix corporate sealIIi1MEVULSeptember 2, 1980 Continuedaddition to all joint use interception and pumping facilities lying inside said units2 To serve as lead agency in implementing Plan lA of the Smithfield -Selma 201Wastewater Facility Plan3 To exercise best effort in obtaining grants from the Environmental ProtectionAgency and the State of North Carolina, for the construction of the first phase facilitiesunder the Plan4 To finance the local capital costs share of the first stage wastewater facilitieson the basis of the users of the facilities reimbursing the County for said capital expendi-ture with interest at a rate of five percent 570 over a ten year period5 To receive from the Town of Smithfield and thereafter, own, operate, and maintainthe existing Smithfield Wastewater Treatment Plant, including a 3425 acre site with apermanent easement and all improvements thereon for access to the property thereon and to,in turn, dedicate an easement through the site to the Town of Smithfield for access to theremainder of the Towns property in the vicinity6 To receive from the Town of Smithfield and thereafter own, operate, and maintainthe existing 30 inch, 24 inch, 21 inch, and 15 inch interceptor lines which run along theNeuse River and Buffalo Creek from the existing treatment plant to the vicinity of U S 70A7 To receive from the Town of Smithfield and thereafter own, operate, and maintainthe existing 15 inch 12 inch Wilson Street interceptor which runs from the existing wastewatertreatment plant to the intersection of Crestview Drive and Heath Street8 To receive from the Town of Smithfield and thereafter own, operate, and maintainthe existing Buffalo Creek ptunping station, located north of the Smithfield water plant,including a 022 acre site and all improvements thereon and an access easement on North SecondStreet extension in the Town of Smithfield to the station9 To receive from the Town of Smithfield and thereafter own, operate, and maintainthe existing 10 inch Buffalo Creek force main and easements therefor, which runs from theBuffalo Creek Station along Buffalo Creek to the - upstream terminus of the existing 24 inchNeuse River interceptor at the now abandoned water plant on Front Street in the Town ofSmithfield10 To receive from the Town of Selma and thereafter own, operate, and maintain theexisting Selma wastewater treatment facility, southwest of Town, including a 483 acre site,and all improvements thereon and to receive an easement from Noble Street, also known asState Road 1900, to the site fdr permanent access by the County11 To receive from the Town of Selma and thereafter own, operate, and maintain theexisting 18 inch interceptor which run along the access road to the existing Selma TreatmentFacility and the 15 inch Noble Street interceptor and easements therefor which run alongNoble Street from Sharp Street to the existing 18 inch interceptor12 To acquire all additional tracts of land, access easements and utility easementsrequired for construction of the approved facilities proposed in the first phase of Plan lAunder the Smithfield -Selma 201 Wastewater Facilities Plan13 To construct all improvements proposed in the first phase of Plan lA under theSmithfield -Selma 201 Wastewater Facilities Plan14 To receive and transport wastewater from the Towns of Smithfield, Selma, PineLevel, and Four Oaks; and the West Smithfield Sanitary District;and from adjacent areas andenvirons which may be developed in the future, but which would not be served directly by theSmithfield, Selma, Pine Level, Four Oaks, or the West Smithfield Sanitary District wastewatersystems15 To treat and discharge the aforesaid wastewaters in accordance with the require -ments of the NPDES Discharge Permit to the best of the Countys ability16 To operate the aggregate joint use wastewater facilities on a user -pay basis; tocharge Smithfield, Selma, Pine Level, Four Oaks, the West Smithfield Sanitary District andother users not charged by the aforesaid entities for the service of receiving, transporting,treating, and discharging wastewater17 To meter or otherwise determine the quantity of wastewater from the users of thesystem in the manner outlined in the 201 Plan18 To periodically at least quarterly determine the quality of wastewater from thebulk users of the facilityAiMSeptember 2, 1980 Continued19 To conceive, adopt, and implement a fair and equitable system of user chargeswhich shall be based on the quality and quantity of wastewater received, and the direct andindirect costs involved in transporting and treating said wastewaters Charges shall include,but not be limited to, cost of labor, administration, energy, water,- vehicle transportation,training, equipment repair, and equipment replacement, materials, supplies, and chemicals,and reimbursement payments to the County for the debt service on local cost and the Town ofSmithfield outstanding bonds on the joint use facilities as hereinafter providedIt is understood that the cost of transporting and treating non - excessive infiltrationand inflow remaining in joint use interceptors shall be shared proportionately by therespective users of said facilities The quantity of non - excessive infiltration and inflowremaining in joint -use interceptors shall be determined -at least annually20 To maintain a cash reserve fund for emergency repairs to equipment and facilitieswhich exceed 5,00000 at any one occurrence The amount of the fund shall not be less than50,00000 for each years operation21 To prepare a schedule of charges by May 1 of each year for the upcoming fiscalyear July l through June 30 and to- treview the charges annually on the basis of the past yearsexperience and estimated costs for the coming year, and to adjust charges, it required,annually or more frequently but not greater than quarterly if required due to extraordinarycosts22 To invoice each user by the 15th day of the month for the previous monthsservices Invoices shall show base charges and industrial cost recovery charges23 To implement an industrial cost recovery system in accordance with the require-ments of PL 92 -500 and PL 95 -217 The ICR system shall be compatible with the ICR systemsadopted by Smithfield, Selma, Pine Level, Four Oaks, and if required West Smithfield SanitaryDistrict24 To reimburse the Town of Smithfield for the outstanding sewer bonds on theexisting joint use facilities transferred to the County Reimbursements are to be made overa 20 year period with interest at 67o and in accordance with the attached schedule25 To contract with the Town of Smithfield on an annual basis for operation andmaintenance for the wastewater treatment facilities and improvements, the aforesaid 30 inch,24 inch, 21 inch, and 15 inch interceptors; the new parallel 18 inch Neuse River interceptorand 6 inch force main; the 24 inch Buffalo Road interceptor and the Buffalo Creek pumpingstation and improvements; existing 10 inch force main and new parallel6 inch force mainalong Buffalo Creek26 To contract with the Town of Selma on an annual basis for operation and maintenof the new Selma Equalization and Pumping Facilities; the new 12 inch force main from theequalization and pumping facilities to the- upstream terminus of the new 24 inch Buffalo Roadinterceptor; the aforesaid 18 inch and 15 inch interceptors; and the new parallel 21 inchNoble Street interceptor27 To reimburse the Towns of Smithfield and Selma for cost of operation and main-tenance ona monthly basis in 12 equal monthly installments for each years budget Paymentsare to be made by the 15th day of the month for the prior months service28 To prepare, adopt, and implement a sewer use ordinance which will be to theextent possible compatible with those of the Towns of Smithfield, Selma, Pine Level, andFour Oaks; and West Smithfield Sanitary District The ordinance will apply to all users, notserved by either °Smithfield, Selma, Pine Level, Four Oaks, or the West Smithfield SanitaryDistrictThe West Smithfield Sanitary District agrees pursuant to a duly adopted order asfollowsTo participate in Plan lA of the Smithfield -Selma 201 Wastewater Facilities Plan withthe County of Johnston to serve as lead implementing agency for the Plan; the County ofJohnston to own, operate, and control the Wastewater Treatment Plant and all collection,interception, and pumping facilities outside Town and WSSD limits in addition to all jointuse interception and pumping facilities lying within Town and WSSD limits; the County ofJohnston to construct all joint use wastewater facilities and to--finance the local capitalcost share of the first stage facilities on the basis that the users of the facilitiesreimburse the County for said capital expenditure with interest at a rate of 570 over a 10year period; and with the County to operate the facilities on a user -pay basisTo adopt and implement an Industrial Cost Recovery System in accordance with a formatdetermined by the County of Johnston, at such time as a user subject to the TPA ICRprovisions locates in the WSSD systemiSeptember 2, 1980 ContinuedTo update the existing sewer use ordinance, if required, in accordance with therequirements of the County of Johnston and implement same by January, 1981To prepare, adopt, and implement a user charge system based on quantity and qualityof wastewater meeting the approval of EPA including ICR provisionsTo pay the County of Johnston within 15 days after receipt of an incoice for receiving,transporting, treating, and discharging wastewater from the WSSD sewer system The invoiceshall be based on the wastewater flow quantity and quality as determined in the manner outlinedin the 201 PlanTo dissolve the existing wastewater contract with the Town of Smithfield; effectivethe date the first stage wastewater facilities improvements are accepted and wastewater isdiverted from the Selma Area into the Countys facilitiesiTo operate and maintain its own wastewater collection, interception, and pumpingfacilities It is understood by both parties that the limit of operation and maintenanceshall be up to but excluding two 2 8 inch gate valves on the 8 inch force main from WSSDpumping station No 1 Said valves are situated adjacent to a manhole on the 24 inch NeuseRiver interceptor, on the east side of Neuse River and just south of the US 70 Bridge Itj is further understood that operation and maintenance of the new 8 inch force main which runssouthward and parallel to the river will be the Countys responsibilityiWEST SMITHFIELD SANITARY DISTRICTBY W B StricklandSealATTEST Henry H WhitleyCOUNTY OF JOHNSTONBY Norman C Denning, ChairmanJohnston County Board of CommissionersSealATTEST Eleanor N Creech, ClerkiIia