September 8, 1998 - 10:00 AM - County Board of Commissioners Meeting Minutes

139September 8, 1998The Johnston County Board of Commissioners met in regular session Tuesday, September 8, 1998,at 1000 am in the Commissioners Meeting Room, Johnston County Courthouse Annex, Smithfield,North Carolina, with the following membersPresent Norman C Denning, Chairman, James W Cash, Vice Chairman, Jerry F Wood,Eleanor N Creech, Cookie Pope, Thomas M Moore and James H Langdon, JrAbsent NoneAlso Present Richard B Self, County Manager, Joyce H Ennis, Clerk to the Board, and MarkPayne, AttorneyThe Chairman called the meeting to order and the following business was transacted1 MinutesChairman Norman C Denning asked if there were any corrections to the minutes of the August 3,10, 25, 1998 board minutes There being no corrections, the Chairman declared the minutes approvedas presented2 Board of Education - Reauest for Funds to Construct SchoolDeVan Barbour, Chairman of the Johnston County Board of Education, addressed the Boardconcerning the need for a new elementary school north of the East Clayton Elementary campus He notedthis school was in the proposed FY 2003 plan, however, growth in the area now indicates the school willneed to be opened by the fall of 2000 The East Clayton facility, which was designed for a minimumcapacity of 800, opened in January 1997 with 900 students Tenth day enrollment this year was 1050 witha projection of 1250 in the fall of 1999, and 1500 by September 2000 Currently there are 14 mobileclassrooms on site, and only limited space for additional mobile units He stressed the Board of Educationneeds to acquire a site as soon as possible and be ready to proceed with construction by June 1999 inorder to have the facility ready by the fall of 2000 The estimated cost of the project, less utilities, wouldbe 105 millionRay DeBruhl, project manager for the school system, noted the new facility would be designed fora capacity of 900 Bids for site work would need to be let no later than January in order for the projectto be ready for construction to begin next June Approximately 1 million would be needed as soon aspossible to purchase the site, complete site design and begin site workBoard members responded that the need was very real and the County must find a way to build thisschool, however, they questioned from where the funds would come for the project Commissioner JamesW Cash commented the only existing source of revenue he could think of would be to borrow the fundsthrough Certificates of Participation COPS, but then remarked the debt service on the loan would bedifficult considering the Countys strained budgetCounty Manager, Richard B Self, commented the County does not have any reserve since theunappropriated surplus was budgeted by the Board this fiscal year He noted he forwarded a copy of theletter from Dr James Causby, Superintendent of Schools, requesting this money to the School FuturesCommittee appointed by the Board to study financing school facilitiesCommissioner Cookie Pope moved the Board proceed, in some manner, looking for money to moveahead with this project Commissioner Thomas M Moore seconded the motionCommissioner Eleanor N Creech asked Commissioner Pope if her motion included Certificates ofParticipation COPS funding Commissioner Pope stated yes, however, she voiced concern about usingCOPSCommissioner James H Langdon, Jr agreed the County will have to make some arrangements,however, he asked for a clear idea of the options available140In discussion, Mr Barbour agreed the School Board would provide as much information as possibleconcerning probable costs for the project, including water and sewer to the siteFinance Director, John R Massey, suggested the Board might consider private placement insteadof COPS financing as it would be faster and less expensive He noted he would check with the LocalGovernment Commission to see what the Countys options would be Staff agreed it would take at least30 days to get all the information together and report back to the BoardCommissioner Cookie Pope withdrew her motion, and Commissioner Thomas M Moore withdrewhis second3 Board of Education - Budget RequestsThe Board of Education has requested funding adjustments of State Bond money on severalconstruction projects, and would also like to use State ADM funds in the amount of 846,917 for fouradditional projectsUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner James H Langdon,Jr and carried by unanimous vote, the Board approved the following budget changes for the JohnstonCounty School BoardProd ectBenson ElementaryCleveland MiddleCorinth - Holders ElemMeadow ElementaryMicro -Pine Level ElemPrincetonSmithfield MiddleClayton HighMcGees ElemFunding Sources AdjustedState BondsState BondsState BondsState BondsState BondsState BondsState BondsState ADM ConstrState ADM ConstrPrinceton State ADM ConstrSmithfield -Selma High State ADM Constr4 Department of Transportation - Additions to SystemAmount of Adjustment+100,000+ 1,000,000-100,000-800,000+800,000+203,083- 1,203,083+ 200,000+ 150,000+ 196,917+ 300,000The Board reviewed a petition presented by the North Carolina Department of Transportationrequesting the following roads be added to the State Secondary System for maintenanceCaribou Lane in Deer Park Subdivision, Wilsons Mills TownshipBlueberry Drive, Huckleberry Circle and Raspberry Circle in Berry Acres Subdivision, MicroTownshipJoyce Drive in Stevens Acres Subdivision in ONeals TownshipFollowing review, Commissioner Cookie Pope moved the Board concur with the NC Departmentof Transportations request to add the roads listed above to the State Maintained System CommissionerThomas M Moore seconded the motion, which carried by unanimous vote5 Public Hearing 1015 am - Proposed Establishment of Brogden Water DistrictAdvertised The Smithfield Herald - August 18, 25, and September 1, 1998Notice Posted on August 17, 1998 at the Brogden Fire Department, Meyers Community Mart andBrogden Community MartThe Chairman opened the public hearing and invited anyone who wished to address the Board onthe establishment of the proposed Brogden Water DistrictEngineer Tim Broome gave a brief history of the community interest that initiated this proposeddistrict He directed the Boards attention to a map of the boundaries and explained if established asproposed, the Brogden District would be the largest land unit comprising a water district in the County141Eldridge Braswell, resident on Brogden Road who lives in the one mile extraterritorial jurisdictionETJ of Smithfield, asked the Board to consider adding this area to the district He noted he has talkedwith the Town of Smithfield and feels something could be worked out to include public water to their areaBobby Tripp, Smithfield Utilities Director, stated the Town, at their next regular Council meetingin October, will consider the possibility of participating in the construction project to provide water tothese citizens The Town would pay for the pipeline and the residents in that one -mile area would be Townwater customersMr Braswell asked if he and his neighbors could be included in the District if the Town Councildoes not approve participation in the projectTim Broome explained the District could extend lines outside the boundaries, however, the lowestincentive fee for a tap to those customers would be 600 instead of the 75 early sign -up fee offeredcitizens who live within the District boundaries Probable cost to the citizens was discussed, dependingon whether they live within the District boundaries, are served by the District as outside lines, or becomeSmithfield customersBernie Dupree, who also lives within the Smithfield one mile ETJ area on Brogden Road, stated hewas interested in being included in the water district, however his major concern was sewer serviceAlbert Lee, owner of AGs Truck Stop on Brogden Road, stated a 4 sewer line was extended someyears ago from the Towns force main, under I -95 to his property, He has not operated his business inseveral years, however the line and pump station is available and could be used to provide sewer to thearea He stated he would be willing to let the Town or the County take over this sewer line It was alsonoted the County has a 4 sewer force main to Stevens Sausage Company near this area, however, thequestion at this time is water serviceDebbie Holmes, president of a subdivision homeowners organization in the area, asked if personsliving on private roads would be considered Mr Broome responded the District would attempt to providewater to all interested citizens The feasibility for any particular area would depend on the number ofpotential customers and, of course, the ability to obtain the necessary easements to run the linesRoberta Reed questioned the Neuse River as a water source, and wondered what would happen ifthe river became contaminated to the point it could no longer be used It was explained the County doeshave a contingency plan with interconnections to other water sources, and also maintains a 76 milliongallon reservoirThere being no further comments, the Chairman closed the public hearing6 Public Hearing 1030 am - Proposed Establishment of Little Creek Water DistrictAdvertised The Smithfield Herald - August 18, 25, and September 1, 1998Notice Posted on August 17, 1998 at Olivers Store, Bethesda Baptist Church, and Powhatan FreeWill Baptist ChurchThe Chairman opened the public hearing and invited anyone who wished to address the Board onthe proposed Little Creek Water DistrictEngineer Tim Broome informed the Board that community interest has indicated the possibility ofa new water district in the area between Wilsons Mills and Clayton that would interconnect with theexisting Clayton, Cleveland, Hopewell Pisgah and Wilsons Mills water districtsHank Perkins, who lives in the area, asked about the time frame for construction of the district Henoted the road he lives on is private, however DOT has been asked to include it in the State MaintainedSystem Mr Broome stated that under the most favorable funding conditions, construction of the projectwould not begin until the summer of 2000 He pointed out the County has not experienced many problemswith private roads in the districts since a public right -of -way usually is designatedThere being no further comments, the Chairman closed the public hearing1427 Establishment of Water Districts DelayedUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner Cookie Pope andcarried by unanimous vote, the Board postponed the establishment ofthe proposed Brogden Water Districtand Little Creek Water District until the November 2, 1998 meeting8 Citizen Presentation - Clayton Water DistrictJack Dees, who lives on Amelia Church Road in the Clayton Water District, stated he received anotice several years ago asking if he would be interested in public water He checked the maybe boxon the survey and returned it to the County He maintained he never heard anything else about theformation of the Clayton Water District or any opportunity to purchase a tap at a reduced rate untilrecently when the construction of the project began He stated he feels it is unfair for him to have to payapproximately 1300 for a tap at this point, especially since he initially indicated some interestAssistant County Manager, Rick Hester, briefly outlined the procedures that were followed indeveloping this water district He noted initial community meetings were held at Amelia Church, andfollowing the interest survey, additional community meetings were held at several locations in the districtThe meetings were advertised in the newspapers and notices were posted throughout the area at localbusinesses and churches Due to the size of the district, individual packets were mailed to taxpayers in theClayton and Cleveland Water District boundaries, offering them the opportunity to purchase a water tapfor the reduced fee of 75 for a limited time Again, notices were published in the local newspapers andposted in the community Following the initial sign -up period, residents who had not participated wereoffered an opportunity to purchase a tap for 600 The 600 fee was applicable until the contracts wereawarded for the construction of the projectMr Dees responded that he does not read local newspapers or frequent local businessesChairman Denning voiced his regret that Mr Dees missed out on the opportunity for a reduced fee;however, he noted the County can not make exceptions for one person unless they are prepared to givethe same consideration to others9 Amendment No3 to Uniform Policy for Water DistrictsCounty Manager, Richard Self, reviewed with the Board the proposed amendment to the UniformPolicy for Water DistrictsFollowing discussion, Commissioner James W Cash moved the Board approve Amendment No3to the Uniform Policy for Water Districts Commissioner Jerry F Wood seconded the motion, whichcarried by unanimous voteAMENDMENT NO 3UNIFORM POLICY FOR ALL WATER DISTRICTS IN JOHNSTON COUNTYThe Johnston County Board of County Commissioners the Board has adopted certain policies,procedures and regulations collectively, the Uniform Policy to apply to all water districts created underSection 162A of the North Carolina General Statutes and operating in Johnston County collectively, theDistricts The Uniform Policy may be amended from time to time by vote of the BoardThe Board has determined to amend the Policy as of September 8, 1998, by adding thereto newSections 7, 8, 9, 10, 11 and 12, which shall read as follows7 The attorney serving as staff attorney for Johnston County will serve as local counsel for eachDistrict8 No water service taps will be allowed by any District in floodway areas or in flood plain areas whereflood insurance is not available at reasonable rates determined at the discretion of the Department ofPublic Utilities of Johnston County1439 No new water services will be installed, and no water service will be provided, to any structure,dwelling, building or other improvement which is located in whole or in part within designatedjurisdictional wetlands; provided that such prohibition shall not apply to any structure, dwelling, buildingor other improvement that is already existing or established at the time any water distribution facilitiesare completed and placed in operation10 Johnston County shall manage the water system for each District pursuant to a ManagementAgreement, executed by the District and the County, in substantially the form attached hereto as Exhibit10 -A Note Management Agreement form on file in Clerks Office11 Each District shall purchase its water from Johnston County, and will pay therefor the same bulkcapacity fee and bulk commodity charge paid to the County by all other bulk users in the County, basedon the average daily amount of water service required by each District12 The Uniform Rules for Water Districts and Retail Water Facilities Operated by Johnston Countydated April 6, 1998, which have been incorporated into this Uniform Policy by reference as Section 4hereof, are hereby amended by adding to Section 1c thereof the following paragraph 55 Any water service or tap purchased for a particular parcel of land within a district remains withthat parcel of land However, in the event a person purchases water service under either of theincentive programs outlined in 1 or 2 above, and such person relocates within the district priorto initial operation of the districts water system, such person shall be allowed to purchase waterservice for his or her new parcel of land at the same purchase price paid by such person at theoriginal location10 Resolution Certifying Results of Referendum - Princeton Kenly Water DistrictUpon a motion by Commissioner Cookie Pope, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board recessed regular session to sit as the PrincetonKenly Water DistrictBoardThe Johnston County Board of Elections certified to the Board of Commissioners of JohnstonCounty the Board, acting as the governing body of the PrincetonKenly Water District the District thatthe result of the bond referendum held in the District on August 4, 1998, with respect to the proposed4,300,000 General Obligation Bonds of the PrincetonKenly Water District the District was 145 votesTor approval of the Bond Order and 10 votes Against approval of the Bond Order, and delivered acopy of the Certificate of Canvass to the BoardCommissioner Jerry F Wood then introduced the following resolution the title of which was readRESOLUTION CERTIFYING AND DECLARING RESULTS OF 1998REFERENDUM ON PRINCETON KENLY WATER DISTRICT GENERALOBLIGATION BONDS AND PROVIDING FOR PUBLICATION OF NOTICESTHEREOFWHEREAS The Board of Commissioners of Johnston County acting as the governing body ofthe PrincetonKenly Water District desires to certify and declare the results ofthe referendum held August4, 1998;NOW, THEREFORE, the Board of Commissioners for Johnston County, acting as the governingbody of the PrincetonKenly Water District, meeting in regular session at Smithfield, North Carolina, onSeptember 8, 1998, does the followingBE IT RESOLVED BY THE BOARD OF COMMISSIONERS FOR JOHNSTONCOUNTY, ACTING AS THE GOVERNING BODY OF THE PRINCETON KENLY WATERDISTRICT1 The Board hereby certifies and declares the result of the referendum held on August 4, 1998,with respect to the proposed 4,300,000 General Obligation Bonds of the District, to be 145 votes Torapproval of the Bond Order and 10 votes Against approval of the Bond Order2 The affirmative votes of a majority of those voting having been received, the Board herebycertifies and declares that the Bond Order entitled BOND ORDER AUTHORIZING THE ISSUANCEOF GENERAL OBLIGATION BONDS OF THE PRINCETON KENLY WATER DISTRICT IN THEMAXIMUM AGGREGATE PRINCIPAL AMOUNT OF 4,300,000 FOR THE PURPOSE OF145Ayes Norman C Denning, James W Cash, Jerry F Wood, Eleanor N Creech, Cookie Pope,Thomas M Moore, and James H Langdon, JrNays NoneNot Voting NoneUpon a motion by Commissioner Cookie Pope, seconded by Commissioner James H Langdon, Jrand carried by unanimous vote, the Board adjourned the Archer Lodge Water District Board and resumedregular session12 Award of Bids - Aman- Millard Wastewater ProjectBid Opening August 13, 1998 - 2 pmThe Board reviewed the following bids received on August 13, 1998 for wastewater facilities toserve the Weston Woods Planned Unit Development, and the Broadmoor Planned Unit Development inCleveland Township On July 6, 1998, the Board entered into an agreement with the owners to participatein the project to allow for future sewer service in the area The Countys portion of the cost would be paidby the Public Utilities Reserve Fund and should be reimbursed through assessment fees within 12 to 18monthsTemple Grading, Lillington, NC Base Bid 723,88795 Alternate Bid697,83580TA Loving Co, Goldsboro, NC Base Bid 735,42700 Alternate Bid722,18100Billings Garrett Utility, Raleigh, NC Base Bid 830,35210 Alternate Bid814,78360The Countys cost would be broken down as follows• Up- sizing approx 1,4501f of gravity line between Weston Woodsand Broadmoor from 8 to 102,54370• Construction of approx 1,5121f of 10 gravity line in Broadmoor Devp72,06376• Up- sizing gravity interceptor line in Broadmoor Development from 8 to 10 Approx 1,393 lf4,02920• Up- sizing wastewater pumps and wetwell from T diameter to 8 diameter2,70000• Up- sizing emergency generator set from 30 kw to 60 kw2,30000• Up- sizing approx 4,7971f of 6 force main to 8 diameter12,15675• Contingency4,20659TOTAL100,00000Following discussion, Commissioner Jerry F Wood moved the Board concur in the award ofcontract to low bidder, Temple Grading and Construction Company of Lillington, NC and approved theCountys participation in the project up to 100,000 Commissioner Thomas M Moore seconded themotion, which carried by unanimous vote13 Housing Assistance Payment Program HAPP - Changes to Self- Sufficiency AdministrationPlanEllen Blackman, Program Accounting Specialist with the HAPP Agency, reviewed with the Boardthe following five proposed changes to HAPPs Self- Sufficiency Administration PlanJOHNSTON COUNTY HAPPCHANGES TO SELF - SUFFICIENCY ADMINISTRATIVE PLAN1 Omit any reference to the Moderate Rehabilitation Plan in the document The Moderate RehabilitationProgram Contracts have expired and those tenants are being served under another program now2 HUD now requires HAPP to delay re- issuing each Certificate and Voucher after the present tenantsterminate for a period of three months That makes it very difficult, if not impossible, to stay 100 leasedup at all times Even though HAPP is usually 97 -100 leased, the reference to HAPPs leasing is beinglowered in the Administrative Plan to 93 - 95 to provide for the new regulation3 The Family Self- Sufficiency Board is being changed from the JOBS Board at DSS to the Home EconomicsCommittee at Cooperative Extension The JOBS Board is no longer active and there is no purpose informing an additional Board when the Home Economics Committee is capable of and willing to serve inthat capacity4 Enough time has passed that every current participant in the HAPP Program has been given the opportunityto join the Self- Sufficiency Program There is an additional reference now being made in the Plan to thefact that HAPP now offers each new participant the opportunity to join when they receive a146CertificationVoucher A Waiting List will be set up if more people express interest than can be assistedMeetings and short-term goals must be met by the applicants before they will be accepted in the ProgramWhen a family has become self - sufficient and is going off HAPP, before they can receive their escrowaccount, they must sign a Certification stating no person in their family receives any type of welfareUpon a motion by Commissioner Cookie Pope, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board approved the changes to HAPPs Self- Sufficiency AdministrationPlan as proposed14 Midstate Mills CDBG Project - Resolution Re- Adopting Program PoliciesUpon a motion by Commissioner Thomas M Moore, seconded by Commissioner James HLangdon, Jr and carried by unanimous vote, the Board adopted the following resolution establishingprogram policies for the Midstate Mills Water and Sewer Small Cities Community Development BlockGrant - Economic Development ProjectA RESOLUTION TO USE APPROPRIATEPOLICIES AND GUIDELINES ADOPTED FOR PREVIOUSJOHNSTON COUNTYS SMALL CITIES COMMUNITY DEVELOPMENT BLOCKGRANT - ECONOMIC DEVELOPMENT PROJECTS WHICH SHALL BE USED FORTHE MIDSTATE MILLS WATER AND SEWER SMALL CITIES COMMUNITYDEVELOPMENT BLOCK GRANT - ECONOMIC DEVELOPMENT PROJECTWHEREAS, Johnston County has received federal Small Cities Community Development BlockGrant CDBG funds administered by the North Carolina Department of Commerce; andWHEREAS, the use of these funds required that specific policies and guidelines be used; andWHEREAS, Johnston County adopted the following appropriate program policies and guidelinesfor its past CDBG Economic Development Programs Utilicon CDBG -ED; Mebane Packaging CompanyCDBG -ED; and Stevens Sausage CDBG -ED-Fair Housing Plan- Citizen Participation Plan-Code of Conduct- Procurement Policy- Residential Antidisplacement and Relocation Assistance- Optional Coverage Relocation Policy-Small Minority Firm Policy- Section 519- Property Acquisition Policy- AssessmentNOW, THEREFORE, BE IT RESOLVED BY THE JOHNSTON COUNTY BOARD OFCOMMISSIONERS THATThe following policies and guidelines previously adopted for the Countys CDBG EconomicDevelopment projects shall be used for the Midstate Mills CDBG- Economic Development project- Citizen Participation Plan-Code of Conduct- Procurement Policy- Residential Antidisplacement and Relocation Assistance- Optional Coverage Relocation Policy-Small Minority Firm Policy- Section 519- Property Acquisition Policy- AssessmentThe Fair Housing Plan being developed in conjunction with the Countys Housing and UrbanDevelopment Disaster Relief Grant shall also be used for the Midstate Mills CDBG- EconomicDevelopment projectAdopted this the 8t day of September, 19980•E Heritage CommissionUpon a motion by Commissioner James W Cash, seconded by Commissioner Jerry F Wood andcarried by unanimous vote, the Board made the following appointments to the Heritage Commission fortwo year terms to expire September 2000Reappointed Dr John Booker, Denise Wimberley, Loretta Woodard, Helen Smith, WingateLassiter, Becky Renfrow, Mary Nell Ferguson and W O Fields, Jr,Appointed Belle AllenF Nursing Home Domiciliary Home Advisory BoardUpon a motion by Commissioner Cookie Pope, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board made the following appointments to the Nursing Home DomiciliaryHome Advisory Board for three year appointmentsReappointed Jean LangleyAppointed Michael Carper, Blenda Braswell, Jane Peacock, Sandra J Norris, JacquelineWard, Betty L Whitley, Regina N White, Peter H Perrino, and Linda R BeckettG Firemans Relief Fund TrusteesCommissioner Jerry F Wood moved the Board appoint two of the three fire tax commissioners ineach fire protection district in Johnston County, to serve as trustees for the firemans relief fund for termscoinciding with their terms as fire commissioners Commissioner Wood further moved the chief of eachfire protection district be authorized to designate which two commissioners serve in this capacityCommissioner James W Cash seconded the motion, which carried by unanimous vote,18 Budget Amendments ApprovedA Health DepartmentUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner Thomas M Mooreand carried by unanimous vote, the Board approved the following three Health Department budgetamendments, and approved two new PHN I positions using the medicaid cost settlement funds in the firstamendmentExpenditure Increase - Medicaid Cost settlement funds for FY 9495 and 959610 59007400Administration - Capital Outlay6,3560010 59250200Maternal Health - Salaries40,0000010 59450200Child Health - Salaries40,0000010 59207400Adult Health - Capital Outlay6,0761110 59157400Epidemiology - Capital Outlay3,0458810 59607400Family Planning - Capital Outlay44,0466010 59250300Maternal Health - Capital Outlay91,6019110 59250200Child Health - Capital Outlay91,60192Adult Health - Professional FeesTOTAL322,72842Revenue Increase10 590034154Administration - HealthHuman Service6,3560010 592534154Maternal Health - HealthHuman Service131,6019110 594534154Child Health - HealthHuman Service131,6019210 592034154Adult Health - HealthHuman Service6,0761110 591534154Epidemiology - HealthHuman Service3,0458810 596034154Family Planning - HealthHuman Service44,04660TOTAL322,72842Expenditure Increase - CDC Grant for screening older women for cardio - vasculardisease10 59200400Adult Health - Professional Fees10,89785Revenue Increase10 592034155 Adult Health, Community Hlth, Wise Women Project 10,89785