February 2, 1998 - 10:00 AM - County Board of Commissioners Meeting Minutes

February 2, 1998The Johnston County Board of Commissioners met in regular session Monday, February 2, 1998, at1000 am in the Commissioners Meeting Room, Johnston County Courthouse Annex, Smithfield, NorthCarolina, with the following membersPresent Norman C Denning, Chairman, James W Cash, Vice Chairman, Jerry F Wood,DDS, Eleanor N Creech, Cookie Pope, Thomas M Moore and James H Langdon, JrAbsent NoneAlso Present Richard B Self, County Manager, and Joyce H Ennis, Clerk to the BoardThe Chairman called the meeting to order and the following business was transacted1 MinutesChairman Denning asked ifthere were any corrections to the minutes ofthe January 5, 1998 regularand closed sessions, and January 12, 1998 board meetings There being no corrections, the Chairmandeclared the minutes approved as presented2 Department of Transportation Introduction - New Staff MembersDurwood Stephenson, member of the NC Board of Transportation, introduced Tim Little as DOTsnew Johnston County Maintenance Engineer He recognized the former maintenance engineer, BryantBunn, who was promoted to District Engineer and is now working in the Goldsboro office Mr Bunn willbe working closely with area planning and will be attending County Planning Board meetings whenpossibleMr Stephenson also recognized staff members from the local maintenance office Larry Helms,assistant to the engineer, and maintenance supervisors, James Corbett, Raeford Stanley, and RandallJackson Mr Little provided the Board maps indicating the maintenance zones and supervisor responsiblefor each area of the County Board members were encouraged to call on these men when any problemarisesThe Commissioners thanked the DOT employees for the fine job they are doing in Johnston Countyand expressed their appreciation to Mr Stephenson for his dedication to making the roads better and saferin Johnston County, and throughout the State3 Department of Transportation - 1997Annual Statement of Secondary Road ConstructionThe Board reviewed the annual statement from the Department of Transportation indicating thestatus of the various projects under the current Secondary Road Construction Program for JohnstonCounty4 Department of Transportation - Addition to SystemThe Board reviewed petitions presented by the North Carolina Department of Transportationrequesting the following road be added to the State Secondary System for maintenancePoplar Drive and Pear Tree Lane in Poplar Creek Subdivision, Wilsons Mills TownshipFollowing review, Commissioner Thomas M Moore moved the Board concur with the NCDepartment of Transportations request to add the roads listed above to the State Maintained SystemCommissioner Eleanor N Creech seconded the motion, which carried by unanimous vote7195 Resolution - Reauest for Transfer of Cable Franchise from Alert Cable to Time WarnerCounty Manager, Richard Self, explained that Time Warner, having purchased Alert Cable TV ofNC, is requesting the Countys franchise be transferred to their name, Time Warner Entertainment -AdvanceNewhouse Partnership This would be a transfer ofthe existing franchise with all its stipulations,not a new franchise agreement He noted that it should be emphasized that the cable company isvoluntarily agreeing to the Countys reserved channels at no cost At present, the County is working withTriangle J COG Cable Consortium toward improving and revising the franchise requirements, whichwould affect any upcoming renewal requests Approval of the change in name would require two votesfrom the Board at consecutive regular monthly meetingsFIRST VOTEFollowing discussion, Commissioner James H Langdon, Jr moved the Board adopt the followingresolution, with the understanding that the cable company recognizes they are voluntarily agreeing to theCountys reserved channels at no cost Commissioner Cookie Pope seconded the motion, which carriedby unanimous voteRESOLUTIONWHEREAS, Alert Cable TV ofNorth Carolina, Inc Alert is the holder of a franchise to providecable television service for the Johnston County the franchise ; andWHEREAS, Alert has proposed to transfer the Franchise to Time Warner Entertainment -AdvanceNewhouse Partnership TWEAN ; andWHEREAS, TWEAN will be bound by the terms and conditions of the Franchise subject toapplicable lawNOW THEREFORE, be it resolved that, insofar as may be necessary or advisable under theFranchise, transfer of the Franchise and the cable television system operating pursuant to the Franchisefrom Alert to TWEAN including any necessary transfers through one or more Time Warner entities ishereby authorized and consented to in all respects This transfer shall not affect any ongoing franchiserenewal proceedings which shall continue subject to the provisions of 47USC546, except that, upontransfer of the Franchise TWEAN shall succeed to the rights and obligations of Alert in the renewalprocess Since the transfer of the Franchise to TWEAN involves no change in control, the JohnstonCounty may, after the transfer of the Franchise to TWEAN, consider in any ongoing renewal proceedingsthe past performance of Alert while under common control with TWEAN to the extent permitted under47USC546, as if it were the past performance of TWEANAdopted this 2nd day of February 19986 Sheriffs Department - Authorization to Order 1998 -99 Replacement VehiclesSheriff Freddy Narron has requested authorization to place an early order for replacement vehiclesneeded for the upcoming fiscal year The practice of ordering early over the past few years has beensuccessful and saved the County a considerable amount of money This year Sheriff Narron is requesting12 Ford Crown Victorias at a total cost of 223,152 Both the Crown Victoria and the Chevrolet Luminaare offered on State Contract; however the Sheriff feels the Crown Victoria gives better mileage and costsless for maintenanceUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner James H Langdon,Jr, and carried by unanimous vote, the Board authorized the advance order of 12 Ford Crown Victoriavehicles for the Sheriffs Department, with the understanding the payment will be from the 1998 -99budget7 Four Oaks - Request for Building Inspections in Annexed AreaThe County Manager explained the Town of Four Oaks has requested the County InspectionsDepartment provide plan review, write permits, and perform all necessary inspections for newconstruction in the recently annexed area of Four Oaks, specifically the Holt Lake South SubdivisionChief Building Inspector, C P Thompson, has indicated his department can absorb the additional workUpon a motion by Commissioner Cookie Pope, seconded by Commissioner James H Langdon, Jrand carried by unanimous vote, the Board approved the request from the Town of Four Oaks for the720County to provide Building Code Inspections Services in their newly annexed area, Holt Lake SouthSubdivision8 Day By Day Treatment CenterCounty Manager, Richard Self, reported he has completed a thorough analysis of the operation andfinancial status of the Day By Day Treatment Center, as requested by the Board He interviewedemployees with Social Services, Mental Health, and Day By Day, and received assistance from the Stateconcerning the financial condition of the Center John F Baggett, PhD, Director of Mental Health,Developmental Disabilities and Substance Abuse Services Division of the NC Department of HumanResources, suggested that with the number of out -of- county patients, Day -By -Day should be considereda regional facility The State plans to allocate 100,000 to the Center no later than May, which shouldhelp with operating expensesMr Self made the following recommendations1 Place another 50,000 into the organization to protect the Countys interest2 Require Day By Day to provide County Managers office with monthly financial analysis3 Require Day By Day to cut back expenditures at any point that their expenditures beginexceeding their revenues plus measurable accounts receivable4 Request John Baggett, to prepare a management plan for the Center, the progress of whichthe State would monitor5 Re- evaluate the financial status of the Center on June 30, 1998, and if not financially sound,close the operationDan Searcy, Director of Mental Health, and Ed Ward, Director of Day By Day were present toanswer questions Mr Ward thanked the Commissioners for their assistanceFollowing discussion, Commissioner Jerry F Wood moved the Board accept the recommendationsas presented by the County Manager, and approve the following budget amendment from contingenciesCommissioner James H Langdon, Jr seconded the motion, which carried by unanimous voteExpenditure Increase10 58556255Expenditure Decrease10 58555710Day By Day TreatmentContingencies50,00050,000Commissioner Cookie Pope voiced her appreciation for the work the Center does, and stated shewould like to see it continue Commissioner Eleanor Creech agreed, and stated she has confidence thatwith the dedication of Mr Ward and the agencies involved, along with the leadership of the County, theproblems can be solved, and Day By Day will continue to serve the many needs of the area9 Authorization to Apply for an NC Housing Finance Home Buyers Assistance GrantAnn Eason, Director of HAPP, requested authorization to apply for another NC Housing Finance,Home Buyers Assistance grant in the amount of 100,000 The new grant would be similar to last yearsappropriation, which assisted seven families Six of the seven have already moved into their new homes,and the paperwork is currently being finalized on the seventh familyMs Eason stated the new grant, which would likely include an additional 10,000 foradministration, would follow the same procedures as last years funding Her office would providesupervision on behalf ofthe County, and would work with USDA Rural Development, local agencies, andlending institutions All funds would go through the Countys Finance office Homeowners would berequired to attend workshops through Cooperative Extension on banking, budgeting, property upkeep,landscaping, etc, and the houses, which would range between 50,000 and 80,000, would have to passall state and local regulationsIn response to a question by Commissioner Thomas M Moore, Ms Eason agreed to write into thehomeowners agreement that the County would conduct follow -up inspections for a set period of timeFollowing discussion, Commissioner Jerry F Wood moved the Board authorize Ms Eason, on721behalf ofthe County, to apply for an NC Housing Finance Home Buyers Assistance Grant CommissionerEleanor N Creech seconded the motion, which carried by unanimous vote10 Budget Amendments ApprovedA Department of Social ServicesThe County Manager explained that in addition to the 17,530 budget amendment to increasefunding for the Crisis Program using carry - forward funds from State FY 9697, the General Assemblyhas appropriated funds to increase staffing statewide for Child Welfare Services Johnston County hasbeen allocated 147,818, which represents total funding for five new positions, one supervisor and foursocial workers These positions would exist only as long as state funding is providedUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner Jerry F Wood andcarried by unanimous vote, the Board approved the following budget amendments and authorized the fivenew positions• Crisis Program - State carry -over funding for Crisis Program Heating Cooling ProblemsExpenditure Increase6110,1909 Crisis 17,53000Revenue Increase610034123 Social Services Administration 17,53000• Additional Child Welfare Services PositionsExpenditure Increase10 61000200Salaries Wages108,7800010 61000501Social Security8,3220010 61000600Health Insurance19,5910010 61000610Life Insurance3010010 61000700Retirement5,3850010 61000701401 -K5,43900TOTAL EXPENDITURES147,81800Revenue Increase100,000010 610034123Social Services Administration147,81800B Board of EducationUpon a motion by Commissioner James W Cash, seconded by Commissioner James H Langdon,Jr and carried by unanimous vote, the Board approved the following budget amendments• Transfer of funds between COPS- Funded Schools - Abbroved by Board 1598Expenditure Increase16 63001010 Corinth Holder 300,80607Expenditure Decrease16 63001019 Glendale Kenly School 300,80607• Adjustment of Funding Budgets on Local Bond Construction ProjectsProjectOriginal BudgetAdjustmentAdjusted BudgetClayton High9,500,0001,400,00010,900,000Cleveland Elem400,0000400,000Cleveland Middle7,000,0001,055,2715,944,729Cooper Elem3,000,00003,000,000Four Oaks Elem100,0000100,000McGees Cross Elem8,500,000400,0008,100,000North Johnston High1,000,000124,2711,124,271Princeton High9,000,00009,000,000Smithfield -Selma High2,500,00002,500,000South Johnston High3,000,00069,0002,931,000West Clayton Elem3,000,00003,000,000Technology3,000,00003,000,000• Budget of StateExpenditure Increase16 6304102416 6304102516 6304102616 6304102716 6304102816 6304102916 6304103016 6304103116 6304103216 6304102216 6304101816 6304101116 6304101216 63041015Revenue Increase16 63043791150,000,000Bond Money for SchoolsBenson Elementary SchoolBenson Middle SchoolFour Oaks Middle SchoolMeadow Elementary SchoolMicro -Pine Level ElementarySelma Elementary SchoolSmithfield MiddleSouth Smithfield Primary SchoolWest Clayton Elementary SchoolCleveland Middle SchoolCooper Elementary SchoolFour Oaks Elementary SchoolPrinceton SchoolSmithfield Selma SchoolState School BondsC Water Sewer0 50,000,0008,500,000500,0002,500,0005,000,0003,900,0004,000,0001,203,0831,500,0003,780,0002,600,0001,500,000750,0001,500,0002,100,00039,333,083722Upon a motion by Commissioner Thomas M Moore, seconded by Commissioner James W Cashand carried by unanimous vote, the Board approved the following budget amendment adjusting theanticipated revenues from an EDA Grant, a Community Development Grant and a Rural Center Grant forthe Hamlin Project, Novo Nordisk Water Sewer Project and PCX ProjectExpenditure Increase10 56017346 Hamlin Project 66,000Expenditure Decrease10 56017349 Novo Nordisk W S 600,00010 56017347 PCX Project 15,000TOTAL DECREASE 549,600Revenue Increase10 560134119 Rural Center Grant 75,000Revenue Decrease10 560134149 Economic Development Administration Grant 24,60010 560135118 Community Development Grant 600,000TOTAL DECREASE 549,60011 AppointmentsA Youth Task Force - 1 position, 2 year term - No applicantsB Nursing Home Domiciliary Home Advisory Board - 8 positions, 3 year terms - Irene Bensonis no longer qualified as her husband is currently in a nursing home - no applications receivedC Motor Vehicle Value Review Board - 1 position, 2 year termUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner Thomas M Mooreand carried by unanimous vote, the Board reappointed M Pershing Perk Braswell to the Motor VehicleValue Review Board for a two -year term to expire February 2000D Regional Council - Albermarle- Pamlico Estaurine - 1 position representing County GovtUpon a motion by Commissioner Cookie Pope, seconded by Commissioner Jerry F Wood andcarried by unanimous vote, the Board appointed Tim Broome to the Albermarle- Pamlico Estaurine723Regional Council to represent Johnston County GovernmentE Local Emergency Planning Committee SARA - 3 positions, 2 year termsUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner James H Langdon,Jr and carried by unanimous vote, the Board appointed Bill Guthrie to the Local Emergency PlanningCommittee for a 2 year term to expire February 2000F Pine Level Planning Board - ETJ membersCommissioner Eleanor N Creech moved the Board make the following ETJ appointments to the PineLevel Planning Board, as recommended by the Pine Level Town Council Gene Sullivan and Bob Harvey -regular members to serve until 10312000; and Nelle Coor as alternate member to serve until 103198Commissioner James H Langdon, Jr seconded the motion, which carried by unanimous vote12 Princeton Kenly and Archers Lodge Water District - Deadline for Early Sign -UpThe Board considered a proposed cutoff date of May 15, 1998 for the early 75 sign -up for taps inthe PrincetonKenly and Archers Lodge Water Districts In discussion it was stressed that every effortshould be made to make sure all property owners and residents are aware of this opportunity, and thateveryone understands what a sign -up commitment means in relation to funding the project It was pointedout that special attention should be given to notifying property owners that live out of the area, in casecommunity volunteers are unable to contact themEngineer Tim Broome agreed and suggested the County place an advertisement in the localnewspapers explaining the program He noted that a mailing would be sent to absentee landowners, andthe volunteers would be instructed to contact everyone possible by phone or by personal visit, leavinginformation at the home if they have repeatedly been unable to make personal contactCommissioner James Cash suggested that copies of the advertisement be circulated in thecommunities so they can be posted on church bulletin boards and other conspicuous places in the areaCommissioner James Langdon added that volunteers be instructed to provide the County staff with a listof any persons not personally contactedFollowing further discussion, Commissioner Thomas M Moore moved the Board establish May 15,1998 as the cutoff date for early 75 tap -on agreements in the PrincetonKenly and Archers Lodge WaterDistricts, and authorize the staff to proceed with pre - application for funding of these projectsCommissioner Jerry F Wood seconded the motion, which carried by unanimous vote13 Award of Bids - McGees Crossroads School Water Sewer Project and Benson ElementarySchool Water ProjectBid Opening - January 8, 1998 - 200 pmEngineer Tim Broome reported the County received bids on January 8, 1998 at 200 pm for theMcGees Crossroads School Water and Sewer project, and the Benson K -5 School water project Heexplained the McGees Crossroads project consist of a 12 water line along NC 210, a 16 water linealong NC 50, and a water booster pumping station on NC 210 It also includes 6,000 lf of 8 gravitysewer, a wastewater pumping station on Pleasant Coates Road, and a 6 force main back to CrantockRoad where it would tie in with Countys existing force main The Benson K -5 School project consists ofa 16 water line along NC 50 and an 8 line along Lincoln Street in Benson to the site of the new schoolfacilityThe Board reviewed the following bids received on these projectsDivision I - Pipeline WorkT A Loving, Goldsboro, NCHare Pipeline, Apex, NCBase Bid1,289,804001,466,84300Alt 11,366,754001,526,69300Alt 21,308,298001,479,73900724Park Const, Morrisville, NC1,480,842001,515,042001,487,14000Sanford Cont Co, Gulf, NC1,498,442341,568,552341,505,88994Mecklenberg Cont, Raleigh, NC1,544,368001,576,858001,553,79000Hendrix - Barnhill, Greenville, NC1,557,970001,599,010001,570,41600Billings Garrett, Raleigh, NC1,736,803901,812,043901,746,10090Monroe Roadways, Fairport, NY1,757,663001,788,443001,782,25500Webcon, Inc, Smithfield, NC1,775,899871,803,981121,783,47092Delinger, Inc, Monroe, NC1,934,269002,012,929001,942,92620Division II - Pumn Stations Site WorkDivision III - ElectricalWatson Electrical, Wilson, NCBase BidPoquoson Construction, Concord, NC353,01500Water Waste Systems, Raleigh, NC360,99780Mecklenberg Contracting, Raleigh, NC415,49800T A Loving Co, Goldsboro, NC442,60000Delinger, Inc, Monroe, NC448,22000Monroe Roadways, Fairport, NY452,44000Division III - ElectricalWatson Electrical, Wilson, NC84,36400Tom OQuinn Rigging Service, Raleigh, NC89,87600LJs Electric, Elm City, NC91,29500Automated Electric Systems, Inc, Wilson, NC93,50000Bobby Townsend Electrical Co, Lumberton, NC121,09000Via Electric Co, Garner, NC126,76001T A Loving Co, Goldsboro, NC167,00000Single Prime ConstructionBase Bid Alt 1 Alt 2TA Loving, Goldsboro, NC 1,844,40400 1,921,35400 1,862,89800Mecklenberg Cont, Raleigh, NC 2,002,50600 2,034,99600 2,011,92800Monroe Roadways, Fairport, NY 2,320,10300 2,350,88300 2,344,69500Mr Broome noted an add alternate bid to up -size the 8 gravity sewer to a 10 line at McGeesCrossroads was received from the low bidder in the amount of 18,494 The costs to extend the gravitysewer line to NC 50 and to the northern boundary of the school site would be 39,000 and 50,000,respectively He recommended award of bid to low bidders of the various contract divisions, up- sizing thegravity line to 10 , and extending the sewer line to NC 50 The total project cost if the upsizing andextensions are approved would be 2,109,500County Manager, Richard Self, stated he has been unable to find additional funding for theseprojects 1,215,000 has been budgeted leaving a shortfall of 894,500 It was also noted the County hasthus far been unable to obtain all the easements needed for the sewer line It was recommended the Boardconsider awarding the sewer portion of the bid contingent upon receipt of the necessary easementsFollowing discussion, Commissioner Thomas M Moore moved the Board award the followingcontracts for Division I, II, and III; approve the up -size of the gravity sewer line at a cost of 18,494;approve the extension of the gravity line to NC 50 and to the northern boundary of the McGeesCrossroads school site at a cost of 89,000; and approve the following budget amendment for 894,500to provide for the total project budget of 2,109,500, with the understanding the award of the sewercontract is contingent upon receipt of all the necessary easements Commissioner Cookie Pope secondedthe motion, which carried by unanimous voteDivision I T A Loving Co, Goldsboro, NC 1,289,804Division 11 Poquoson Const Co, Concord, NC 353,015Division III Watson Electrical, Wilson, NC 84,364Budget AmendmentExpenditure Increase72510 58559060 Water Sewer Construction Fund 894,500Revenue Increase10 460033990 Fund Balance Appropriated 894,50014 Authorization to Advertise for Bids - Wastewater EquipmentUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board authorized the advertisement for bids for the replacement of theautomatic bar screen at the Countys equalization and pumping facility in Selma15 Available and Feasible Utility Policy for Mandatory Water Sewer Connection - DiscussionTim Broome reported a committee of all agencies concerned was formed to establish definitions ofthe terms available and feasible, as they relate to the State Building Codes mandatory water andsewer connection policy After much consideration, the committee developed a draft policy, which MrBroome offered the Board for consideration He pointed out the committee was basically satisfied with therecommendations concerning water connection; however, the Environmental Health staff has expressedreservations about the sewer connection portion of the policy The policy would apply primarily to newconstruction, with the exception that it would also be applicable in the case of a failed well or septic tankHe suggested that two other issues the Board might want to consider in connection with this study wouldbe automatic rezoning from ARR -40 to R -30 when public water is available mandatory, and also a cleardefinition of a public water system in Johnston CountyCommissioner James H Langdon, Jr noted the Board has to look at the long term picture Hesuggested the County needs to promote good planning by encouraging people to take advantage of publicwater and sewer as the sensible thing to do Chairman Denning agreed and stated he believes most peopleconstructing a new house or other facility would want to use public water and sewer if possibleCommissioner Thomas M Moore asked Leon Powell, Environmental Health Supervisor, to explainhis concerns on the sewer requirements Mr Powell responded that many areas of the County have soilthat is entirely suitable for an onsite sewer septic system In his opinion, people building homes in thoseareas should not be required to connect to the public system He agreed that the policy should beimplemented in areas where onsite is not an option, and in all cases of industrial and commercialconstruction Recognizing the mandatory requirements in the State Building Code, he acknowledged thathis opinion may not be relevant as the County must enforce State regulationsMr Broome pointed out that in the case of mandatory public sewer connection, the State Code doesdefine the term available as property abutting on a street, alley or easement, however, again thedefinition of abutting if left up to the County The draft policy attempts to define this termIn response to a question from Commissioner Cookie Pope about checking for iron in wells, MrPowell stated that almost any well in Johnston County that is deeper than 100 feet will have iron Atpresent, his office checks wells only for contamination from harmful bacteriaCommissioner Langdon noted the main problem is that property owners do not know what a wellhas been checked for when it is approved They want someone to be responsible when something goeswrong with their water He suggested the County might need to consider how we can best protect citizenswhen they purchase propertyFollowing further discussion, the Board agreed to postpone a decision until they have more time toconsider the policy and get input from the people this would impact16 Request for Condemnation - Railroad Easement in Wilsons Mills Water DistrictCounty Manager, Richard Self, informed the Board the County staff has used every resourceavailable to negotiate with the railroad for easements in the Wilsons Mills Water District So far, theyhave been unsuccessful He asked the Board to authorize condemnation, if necessary, to prevent delayingthe bidding and construction of the water district systemUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Thomas M Moore and726carried by unanimous vote, the Board approved condemnation for railroad easements in the Wilsons MillsWater District if continued negotiations fail17 Blanket Condemnation for Water DistrictsMr Self explained the County is experiencing trouble obtaining some of the necessary easementsaround culverts and bridges in the Clayton, Cleveland, and Wilsons Mills water districts, mainly in thecase of property owned by estates In most cases, these easements are small areas of otherwise unusableland where the pipeline will have to go around a structure, such as a culvert, and will therefore be justoutside the DOT right -of -way The staff will continue to make every effort to negotiate with the propertyowners until all easements are secured, however, the blanket condemnation would allow the Attorney tosign the necessary documentation so the projects can be fundedUpon a motion by Commissioner Thomas M Moore, seconded by Commissioner James H Langdon,Jr and carried by unanimous vote, the Board approved blanket condemnation for the Clayton, Clevelandand Wilsons Mills water districts, with the understanding every effort possible will be made to negotiatesuccessfully with the property owners before condemnation is used18 Resolutions - Clean Water Revolving Loan ApplicationsUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner James H Langdon,Jr and carried by unanimous vote, the Board adopted the following resolutions authorizing applicationfor Clean Water Revolving loans for the Wilsons Mills Water Tank project, the McGees CrossroadsWater Tank project, and the Meadow School Water LineRESOLUTION - APPLICATION FOR CLEAN WATER REVOLVING LOANWILSONS MILLS 500,000 GALLON ELEVATED STORAGE TANKWHEREAS, The Federal Clean Water Act Amendments of 1987, Federal Safe Drinking Water ActAmendments of 1996, and the North Carolina Clean Water Revolving Loan and GrantAct of 1987 have authorized the making of loans and grants to aid eligible units ofgovernment in financing the cost of construction of wastewater treatment works,wastewater collection systems, and water supply systems, andWHEREAS, Johnston County has need for and intends to construct a water supply system projectdescribed as Wilsons Mills 500,000 Gallon Elevated Storage Tank, andWHEREAS, Johnston County intends to request state loan assistance for the project,NOW THEREFORE BE IT RESOLVED, BY THE BOARD OF COMMISSIONERS OFJOHNSTON COUNTYThat Johnston County will arrange financing for all remaining costs of the project, if approved fora State loan awardThat Johnston County will adopt and place into effect on or before completion of the project aschedule of fees and charges which will provide adequate funds for proper operation, maintenance, andadministration of the system and the repayment of all principal and interest on the debtThat the governing body of Johnston County agrees to include in the loan agreement a provisionauthorizing the State Treasurer, upon failure of Johnston County to make scheduled repayment ofthe loan,to withhold from Johnston County any State funds that would otherwise be distributed to Johnston Countyin an amount sufficient to pay all sums then due and payable to the State as a repayment of the loanThat Johnston County will provide for efficient operation and maintenance of the project oncompletion of construction thereofThat the Johnston County Board of Commissioners, and successors so titled, is hereby authorizedto execute and file an application on behalf of Johnston County with the State of North Carolina for a loanto aid in the construction of the project described aboveThat the Johnston County Board of Commissioners, and successors so titled, is hereby authorizedand directed to furnish such information as the appropriate State agency may request in connection withsuch application or the project to make the assurances as contained above; and to execute such otherdocuments as may be required in connection with the applicationThat Johnston County has substantially complied or will substantially comply with all Federal, State,727and local laws, rules, regulations, and ordinances applicable to the project and to Federal and State grantsand loans pertaining theretoAdopted this the 2nd of February 1998 at Smithfield, North CarolinaRESOLUTION - APPLICATION FOR CLEAN WATER REVOLVING LOANMcGEES CROSSROADS 500,000 GALLON ELEVATED STORAGE TANKWHEREAS, The Federal Clean Water Act Amendments of 1987, Federal Safe Drinking Water ActAmendments of 1996, and the North Carolina Clean Water Revolving Loan and GrantAct of 1987 have authorized the making of loans and grants to aid eligible units ofgovernment in financing the cost of construction of wastewater treatment works,wastewater collection systems, and water supply systems, andWHEREAS, Johnston County has need for and intends to construct a water supply system projectdescribed as McGees Crossroads 500,000 Gallon Elevated Storage Tank, andWHEREAS, Johnston County intends to request state loan assistance for the project,NOW THEREFORE BE IT RESOLVED, BY THE BOARD OF COMMISSIONERS OFJOHNSTON COUNTYThat Johnston County will arrange financing for all remaining costs of the project, if approved fora State loan awardThat Johnston County will adopt and place into effect on or before completion of the project aschedule of fees and charges which will provide adequate funds for proper operation, maintenance, andadministration of the system and the repayment of all principal and interest on the debtThat the governing body of Johnston County agrees to include in the loan agreement a provisionauthorizing the State Treasurer, upon failure of Johnston County to make scheduled repayment of the loan,to withhold from Johnston County any State funds that would otherwise be distributed to Johnston Countyin an amount sufficient to pay all sums then due and payable to the State as a repayment of the loanThat Johnston County will provide for efficient operation and maintenance of the project oncompletion of construction thereofThat the County Manager, Richard B Self, and successors so titled, is hereby authorized to executeand file an application on behalf of Johnston County with the State of North Carolina for a loan to aid inthe construction of the project described aboveThat the County Manager, Richard B Self, and successors so titled, is hereby authorized anddirected to furnish such information as the appropriate State agency may request in connection with suchapplication or the project to make the assurances as contained above; and to execute such other documentsas may be required in connection with the applicationThat Johnston County has substantially complied or will substantially comply with all Federal, State,and local laws, rules, regulations, and ordinances applicable to the project and to Federal and State grantsand loans pertaining theretoAdopted this the 2nd of February 1998 at Smithfield, North CarolinaRESOLUTION - APPLICATION FOR CLEAN WATER REVOLVING LOANMEADOW SCHOOL WATER SUPPLY FACILITIESWHEREAS, The Federal Clean Water Act Amendments of 1987, Federal Safe Drinking Water ActAmendments of 1996, and the North Carolina Clean Water Revolving Loan and GrantAct of 1987 have authorized the making of loans and grants to aid eligible units ofgovernment in financing the cost of construction of wastewater treatment works,wastewater collection systems, and water supply systems, andWHEREAS, Johnston County has need for and intends to construct a water supply system projectdescribed as Meadow School Water Supply Facilities, andWHEREAS, Johnston County intends to request state loan assistance for the project,NOW THEREFORE BE IT RESOLVED, BY THE BOARD OF COMMISSIONERS OFJOHNSTON COUNTYThat Johnston County will arrange financing for all remaining costs of the project, if approved fora State loan awardThat Johnston County will adopt and place into effect on or before completion of the project aschedule of fees and charges which will provide adequate funds for proper operation, maintenance, andadministration of the system and the repayment of all principal and interest on the debt728That the governing body of Johnston County agrees to include in the loan agreement a provisionauthorizing the State Treasurer, upon failure of Johnston County to make scheduled repayment ofthe loan,to withhold from Johnston County any State funds that would otherwise be distributed to Johnston Countyin an amount sufficient to pay all sums then due and payable to the State as a repayment of the loanThat Johnston County will provide for efficient operation and maintenance of the project oncompletion of construction thereofThat the Johnston County Board of Commissioners, and successors so titled, is hereby authorizedto execute and file an application on behalf of Johnston County with the State of North Carolina for a loanto aid in the construction of the project described aboveThat the Johnston County Board of Commissioners, and successors so titled, is hereby authorizedand directed to furnish such information as the appropriate State agency may request in connection withsuch application or the project to make the assurances as contained above; and to execute such otherdocuments as may be required in connection with the applicationThat Johnston County has substantially complied or will substantially comply with all Federal, State,and local laws, rules, regulations, and ordinances applicable to the project and to Federal and State grantsand loans pertaining theretoAdopted this the 2nd of February 1998 at Smithfield, North Carolina19 Clarification of Time of Payment of Residential Assessment FeesEngineer Tim Broome asked the Board for clarification as to the time of payment of the 2,500 perunit sewer assessment fee charged for subdivisions In time, collection of these fees will accumulate so theCounty will have money for the necessary improvements to accommodate the developer, however, atpresent, the County does not have the needed reserve funds because the fee is not being paid until a buildercomes in for a building permit In the case of large subdivisions, this could be several years after theproperty is subdivided, and in some cases the subdivision is never completed, even though the County hasalready committed the capacity The developers maintain it would be a hardship for them to pay the feeup- frontHe asked the Board for direction, and noted if the collection remains as it is, there will need to besome way to generate money for improvement until such time as the reserve fund is sufficient to cover theneeds He also suggested the Board consider a sunset clause on capacity, so the County will not bereserving capacity that might never be neededFollowing discussion, the Board agreed to take this matter under advisement20 EMS - Statewide Mutual Aid AgreementEmergency Management Services Director, Dewayne West, informed the Board the League ofMunicipalities and the NC Association of County Commissioners have worked with the State Division ofEmergency Management on a statewide mutual aid agreement The agreement has already been adoptedby several of the local municipalities as well as local governments across the State He recommendedapproval of the agreement, and noted he is working with the towns to develop a local policy and procedurefor implementing this agreementFollowing discussion, Commissioner Jerry F Wood moved the Board approve the North CarolinaStatewide Emergency Management Mutual Aid and Assistance Agreement as revised October 1997Commissioner James W Cash seconded the motion, which carried by unanimous voteNOTE Agreement on file in the Clerks Office21 Public Hearing Set - Revised EMS Franchise OrdinanceDewayne West, EMS Director, stated the Emergency Services Advisory Committee reviewed theFranchise Ordinance and are recommending some minor revisionsUpon a motion by Commissioner Cookie Pope, seconded by Commissioner James H Langdon, Jrand carried by unanimous vote, the Board called for a public hearing at 1100 am on March 2, 1998, tohear public comment on the proposed revisions to the Emergency Management Services FranchiseOrdinance72922 Emergency Services Advisory Committee Report - Final Recommendations for EmergencyAmbulance Services - Public Hearing SetDewayne West explained the Emergency Services Advisory Committee is ready to present finalrecommendations for emergency ambulance service in Johnston County Commissioner Jerry F Wood,who represents the Board on this committee, commented the members have worked hard and, in hisopinion, have done a good jobUpon a motion by Commissioner Cookie Pope, seconded by Commissioner James H Langdon, Jr,and carried by unanimous vote, the Board set a public hearing for 1115 am on March 2, 1998, toconsider the recommendations of the Emergency Services Advisory Committee for emergency ambulanceservice in Johnston County23 Call for Public Hearing - HUD Grant ProjectsThe County Manager requested the Board call for a public hearing on the proposed expenditure ofHurricane Fran related HUD Grant funds He briefly reviewed with the Board a list of proposed projectsfor considerationUpon a motion by Commissioner Thomas M Moore, seconded by Commissioner James H Langdon,Jr and carried by unanimous vote, the Board set a public hearing at 1030 am to discuss proposedprojects to be funded by the 1,520,000 HUD Fran Relief Grant24 Resolution - Authorization to Apply for Clean Water Revolving Loan for SoutheastLowgrounds Water Distribution SystemRESOLUTION BY GOVERNING BODY OF APPLICANTWHEREAS, The Federal Clean Water Act Amendments of 1987, Federal Safe Drinking Water ActAmendments of 1996, and the North Carolina Clean Water Revolving Loan and GrantAct of 1987 have authorized the making of loans and grants to aid eligible units ofgovernment in financing the cost of construction of wastewater treatment works,wastewater collection systems, and water supply systems, andWHEREAS, Johnston County has need for and intends to construct a water supply system projectdescribed as Southeast Johnston County Lowgrounds Water Distribution System, andWHEREAS, Johnston County intends to request state loan assistance for the project,NOW THEREFORE BE IT RESOLVED, BY THE BOARD OF COMMISSIONERS OFJOHNSTON COUNTYThat Johnston County will arrange financing for all remaining costs of the project, if approved fora State loan awardThat Johnston County will adopt and place into effect on or before completion of the project aschedule of fees and charges which will provide adequate funds for proper operation, maintenance, andadministration of the system and the repayment of all principal and interest on the debtThat the governing body of Johnston County agrees to include in the loan agreement a provisionauthorizing the State Treasurer, upon failure of Johnston County to make scheduled repayment ofthe loan,to withhold from Johnston County any State funds that would otherwise be distributed to Johnston Countyin an amount sufficient to pay all sums then due and payable to the State as a repayment of the loanThat Johnston County will provide for efficient operation and maintenance of the project oncompletion of construction thereofThat the Johnston County Board of Commissioners, and successors so titled, is hereby authorizedto execute and file an application on behalf of Johnston County with the State of North Carolina for a loanto aid in the construction of the project described aboveThat the Johnston County Board of Commissioners, and successors so titled, is hereby authorizedand directed to furnish such information as the appropriate State agency may request in connection withsuch application or the project to make the assurances as contained above; and to execute such otherdocuments as may be required in connection with the applicationThat Johnston County has substantially complied or will substantially comply with all Federal, State,730and local laws, rules, regulations, and ordinances applicable to the project and to Federal and State grantsand loans pertaining theretoAdopted this the 2nd of February 1998 at Smithfield, North Carolina25 Resolution - Permission to Apply and Accept Work First Employment TransportationOperating FundsUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board adopted the following resolution authorizing the application andacceptance of Work First Employment Transportation Operating Funds to provide transportation to andfrom work for the DSS Work First clientsRESOLUTIONWHEREAS, Article 2B of Chapter 136 of the North Carolina General Statutes and the Governorof North Carolina have designated the North Carolina Department of Transportation as the agencyresponsible for administering federal and state public transportation funds; andWHEREAS, THE PURPOSE OF THESE TRANSPORTATION FUNDS IS TO SUPPORTTRANSITIONAL TRANSPORTATION NEEDS OF Work First participants after eligibility for cashassistance has concluded andor other employment transportation needs; andWHEREAS, the SYF 1997 -98 funds are available for eligible program costs for the periodspecified by the North Carolina Department of Transportation; andWHEREAS, the Johnston County Board of Commissioners has approved the local entitysdesignation to receive the operating allocation for Work First and employment transportation; andWHEREAS, the Johnston County Board of Commissioners hereby assures and certifies that it willcomply with state statutes, executive orders and all administrative requirements which relate toapplications, made to and assistance received from the North Carolina Department of Transportation forthe Work First Employment Transportation Operating Funds programNOW, THEREFORE, be it resolved that the Johnston County Board of Commissioners herebysubmits an application for SFY 1997 -98 Work First Employment Transportation Operating AssistanceProgram funds for use by the designated local entitys and assures that it will provide to the NorthCarolina Department of Transportation information regarding the use ofthe funds at such time and in suchmanner as the Department may require26 Request for Refund - Sewer Capacity Fee - Waffle HouseThe Board discussed a request from Waffle House for a refund of the sewer capacity fee for theirproposed restaurant at I- 4042 They applied, received, and paid for a permit at the prevailing rate inJanuary 1997, but since the Board revised the fee structure last May, and their fee would be less now, theyare asking for a refund Waffle House has kept its permit current, but has not begun constructionThe County Manager noted there is no precedent for refunding in situations like this, and the Boardstipulated at the time the fee schedule was changed that the fees would not be retroactiveCommissioner Thomas M Moore moved the Board deny the refund to Waffle HouseAs there was no representative of Waffle House present, the Board decided to postpone a decisionuntil next regular meeting to give them another opportunity to appear personally with their requestCommissioner Moore withdrew his motion27 Town of Four Oaks ETJ Area - Linwood ParkerCouncilman Linwood Parker from the Town of Four Oaks addressed the Board concerning theplanning jurisdiction of a subdivision on Black Creek Road Mr Parker stated the Town believes the entireproperty is within their ETJ, however, the County Planning staff has assisted the owners in redrawing thelots to include a section of the property the GIS map shows as outside the ETJ area He stated when thetown approved the original subdivision, they required connection to public water In his opinion, thedeveloper came to the County to try to circumvent the conditions stipulated by the Town He maintainedthe Planning staff should have contacted Four Oaks when this situation occurredThe County Manager explained the new technology used by the Countys GIS Department hasbrought several boundary lines into question Even boundary lines between Johnston and Wake County731and Johnston and Harnett County have been adjusted based on the new, more sophisticated data Thequestion that needs to be determined is where the Towns ETJ boundary line actually falls He suggestedthat no building permits be issued for 30 days on this property until a study can determine the proper ETJboundary28 Status of Audit ReportThe County Manager explained the auditors have still not submitted the audit report According tothe Local Government Commission, this is a problem that many counties and municipalities areexperiencing this yearThe Board noted this information is needed, and asked the County Manager to contact the auditorsagain concerning their failure to send the report in the time period allotted29 Closed Session - Potential Litigation and Acquisition of PropertyUpon a motion by Commissioner Thomas M Moore, seconded by Commissioner James H Langdon,Jr and carried by unanimous vote, the Board recessed regular session to meet in closed session for thepurpose of consulting with an attorney on a matter of potential litigation, and to consider the acquisitionof real propertyUpon a motion by Commissioner Cookie Pope, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board adjourned closed session and resumed regular session30 Meeting with Legislators Concerning Funding for SchoolsCommissioner James H Langdon, Jr requested the proposed meeting with the state legislators todiscuss school funding be scheduled after the County receives the audit reportThere being no further business, Commissioner James H Langdon, Jr moved the Board adjournCommissioner Cookie Pope seconded the motion, which carried by unanimous voteNorman C Denning, ChairmanJoyce K Ennis, ClerkDetailsAnnotationsEntry PropertiesModified11192013 123201 PMCreated3172003 121437 PMTemplateMinutesFieldsMinutes - TypeRegularMinutes - Date221998Book20