December 1, 1997 - 10:00 AM - County Board of Commissioners Meeting Minutes

December 1, 1997The Johnston County Board of Commissioners met in regular session Monday, December 1, 1997,at 1000 oclock 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,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 if there were any corrections to the minutes of the November 3 regularand closed sessions, and November 10, 1997 board meetings There being no corrections, the Chairmandeclared the minutes approved as presented2 Reorganization of BoardThe Chairman turned the meeting over to County Manager, Richard Self, to preside in the electionof a chairman of the Board of Commissioners for a one year termThe County Manager called for nominations for ChairmanCommissioner Jerry F Wood nominated Norman C Denning to serve as Chairman of the BoardCommissioner Thomas M Moore seconded the nominationCommissioner James W Cash moved the nominations be closed Commissioner James H Langdon,Jr seconded the motion, which carried by unanimous voteNorman C Denning was elected Chairman of the Johnston County Board of Commissioners for aone year term by acclamation The County Manager turned the meeting over to Chairman Denning forthe election of Vice ChairmanChairman Denning called for nominations for Vice Chairman of the Board to serve a one year termCommissioner James H Langdon, Jr nominated James W Cash as Vice Chairman of the BoardCommissioner Eleanor N Creech seconded the nominationCommissioner Jerry F Wood moved the nominations be closed Commissioner Thomas M Mooreseconded the motion, which carried by unanimous vote, and James W Cash was elected Vice Chairmanof the Johnston County Board of Commissioners for a one year term by acclamation3 Chairman Denning Announces Retirement at End of YearChairman Norman C Denning announced that after 36 years as a Commissioner in JohnstonCounty, he will retire at the end of his current term in December, 1998 Mr Denning, who has served asChairman of the Board for the last 25 years, spoke ofthe many enjoyable experiences and noted that muchhas changed in Johnston County since he was first elected in 1962 He voiced appreciation for fellowCommissioners, administrative staff and other employees he has worked closely with throughout histenure, and especially recognized the close relationship he has enjoyed with the Fire and RescueAssociations and Health Department, serving on those boardsChairman Denning spoke of the many challenges that face Johnston County with the extraordinarygrowth in the area He referenced the increasing cost of services, especially education, and stressed theCounty must find new sources of revenue other than ad valorem taxes to meet these needsLWOHe noted he has enjoyed these years and thanked God, his family and the citizens of JohnstonCounty for the opportunity to serve as one of the longest continuous serving Commissioners in the Stateof North CarolinaVice Chairman, James W Cash, stated that Johnston County has been a better place to live for thepast 36 years because of the leadership Mr Denning has rendered Commissioner Cash, who will haveserved 20 years in December, 1998, also recently announced that he will not run for reelectionCommissioner Jerry FWood commented that both Chairman Denning and Commissioner Cash havedone an outstanding job serving Johnston County Commissioner Thomas M Moore concurredCommissioner Eleanor N Creech, who was Clerk to the Board before being elected Commissioner,spoke of the many pleasurable years she has worked with Mr Cash and Mr Denning She noted theCounty does face some huge obstacles, however, they can and will be overcome with Gods grace, thesupport of the citizens, and the continued leadership of men and women like Commissioners Cash andDenning who put the best interest of the citizens first in their decision makingCommissioner Cookie Pope noted that although she has not always agreed with Chairman Denningon matters of governing, she will always consider him a friend Commissioner James H Langdon calledboth Commissioner Cash and Chairman Denning class gentlemen and agreed that the County is a betterplace for the leadership they have shown over the yearsCounty Manager, Richard Self, voiced his appreciation for the wisdom and guidance the two retiringCommissioners have given him over the yearsChairman Denning thanked everyone for their kind remarks and noted each of the Commissionershave the same goal - to do what is best for the citizens of Johnston County4 Schedule of Regular Board Meetings and County Employee HolidaysUpon a motion by Commissioner Cookie Pope, seconded by Commissioner Thomas M Moore andcarried by unanimous vote, the Board adopted the following schedule of regular meetings for 1998, andapproved the employee holiday schedule for the coming yearJOHNSTON COUNTY BOARD OF COMMISSIONERSSCHEDULE OF REGULAR BOARD MEETINGSfor 1998Monday, October 12, 1998 - 700 pmMeeting Place - Johnston County Courthouse AnnexCommissioners Room - Smithfield, North CarolinaJanuaryMonday, January 5, 1998 - 1000 amMonday, January 12, 1998 - 700 pmFebruaryMonday, February 2, 1998 - 1000 amMonday, February 9, 1998 - 700 pmMarchMonday, March 2, 1998 - 1000 amMonday, March 9, 1998 - 700 pmAprilMonday, April 6, 1998 - 1000 amMonday, April 13, 1998 - 700 pmMayMonday, May 4, 1998 - 1000 amMonday, May 11, 1998 - 700 pmJuneMonday, June 1, 1998 - 1000 amMonday, June 8, 1998 - 700 pmJulyMonday, July 6, 1998 - 1000 amMonday, July 13, 1998 - 700 pmAugustMonday, August 3, 1998 - 1000 amMonday, August 10, 1998 - 700 pmSeptemberTuesday, September 8, 1998 - 1000 amMonday, September 14, 1998 - 700 pmOctoberMonday, October 5, 1998 - 1000 amMonday, October 12, 1998 - 700 pmLONovemberMonday, November 2, 1998 - 1000 amMonday, November 9, 1998 - 700 pmDecemberMonday, December 7, 1998 - 1000 amMonday, December 14, 1998 - 700 pm1998 Holiday ScheduleNew Years DayThursday, January 1Martin Luther King, Jr DayMonday, January 19Good FridayFriday, April 10Memorial DayMonday, May 25Independence DayFriday, July 3Labor DayMonday, September 7Veterans DayWednesday, November 11ThanksgivingThursday Friday, November 26 27ChristmasThursday, Friday, December 24 255 Public Hearing - Request for Ambulance FranchiseAdvertised The Smithfield Herald November 14; 21, 1997The Chairman opened the public hearing and invited anyone who wished to address the Board onthe request by Blackmans Crossroads Fire Department and the Princeton Fire Department for Ambulancefranchise as first responder unitsDewayne West, Emergency Management Director, stated the EMS Advisory Board, afterreviewing the applications and finding they meet the criteria, recommended approval of both Princeton andBlackmans Crossroads as first responder unitsThere being no further comments, the Chairman closed the public hearing6 Approval of Ambulance Franchise - First VoteUpon a motion by Commissioner Cookie Pope, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board approved the following ambulance franchisesBlackmans Crossroads Fire Department - First Responder UnitPrinceton Fire Department - First Responder UnitNote A second vote will be taken at the January 5, 1998 meeting of the Board7 Report on Emergency Services Advisory CommitteeDewayne West informed the Board the Emergency Services Advisory Committee is activelyworking on proposals for implementing the EMS Study recommendations The committee hopes to makea presentation to the Board in February8 Report on Courthouse Security StudyResident Superior Court Judge, Knox Jenkins, asked Michael Tucker with Risk Management ofRaleigh to report on the study his company just completed on courthouse security in Johnston County MrTucker briefly outlined the scope of the study, and presented several recommendations The reportsuggested the County control access to the corridor behind the courtrooms through a card system, with onlylimited courtroom personnel having access; replace the current court bailiffs with armed sworn deputies;install emergency phones and panic alarms in several areas of the courthouse; and make several otherchanges including better lighting in parking areas and alterations to the landscape around the CourthouseThe report indicated that at this time, the County does not need to install metal detectorsIn response to a question by Commissioner Cookie Pope, Mr Tucker stated the new JudicialAnnex was not taken into consideration in the studyB•Judge Jenkins remarked on the results of the study and concurred that sworn officers as bailiffsare needed in District Court, however he is satisfied with the situation in Superior Court since both bailiffshave law enforcement background, and one has maintained his credentials as a sworn officer Concerningthe recommendation that the corridor behind the courtrooms be accessible only to certain persons, JudgeJenkins suggested that once the District Attorney moves to the new annex, a portion of the DAs currentoffices on the second floor be converted to interview rooms for probation officers and others who have beenusing the restricted area He stated he has met with Chief District Court Judge, William Christian, theDistrict Attorney, the Clerk of Court and the Sheriff to discuss the results of the report He called on thesegentlemen for commentsJudge Christian stated he concurred with the report that was submitted, however, he and DistrictAttorney, Tom Lock, would like to see metal detectors installed in the Courthouse He pointed out thatDistrict Court deals with many volatile and emotional situations, especially domestic cases, and metaldetectors would hopefully keep weapons out of the courtroomsBefore commenting on the results of the study, Sheriff Narron addressed Chairman Denning andCommissioner Cash He thanked them for making his job easier over the years, and commented the Countywill be losing two fine gentlemen, two fine CommissionersConcerning the report, he informed the Board that providing law enforcement officers as bailiffsin the District courtrooms would cost approximately 156,000 per year For the remainder of this fiscalyear, the cost would be 55,000 He requested authorization to employ four officers to start as bailiffs assoon as possible, with the understanding these officers would not be issued vehicles He stressed he isproud of what the present bailiffs have done, however they are not physically able and have not beentrained to handle a major disruption in the courtroomChairman Denning thanked everyone for their remarks He then appointed a committee of three,Commissioner Jerry Wood, Commissioner James Cash and himself, to review this information and bringrecommendations as quickly as possibly back to the full BoardJudge Jenkins spoke of the need to keep the contents of the report as confidential as possible9 Call for Public Hearing - Proposed Princeton Kenly Water DistrictEngineer Tim Broome reported that interested citizens in the PrincetonKenly area have conductedan initial survey, which shows there is considerable interest in developing a water district He showed amap indicating tentative boundaries of a proposed districtUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner Cookie Pope andcarried by unanimous vote, the Board called for a public hearing at 1000 am on January 5, 1997 on aproposed PrincetonKenly Water District10 Resolution - Triangle J Council of Government - Release of Countys Portion of State FundsUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner James H Langdon,Jr and carried by unanimous vote, the Board adopted the following resolutionRESOLUTIONWHEREAS, North Carolina recognizes lead regional organizations as voluntary groups servingmunicipal and county governments; andWHEREAS, the 1997 General Assembly appropriated 864,270 to help the lead regionalorganizations assist local governments with grant applications, economic development,community development, and to support local industrial development activities andother activities as deemed appropriate by their local governments; andWHEREAS, in the event that a request is not made by a unit of government for release of thesefunds to the lead regional organization, the funds will revert to the State of NorthCarolina general fund; andWHEREAS, the Region J funds in the amount of 48,015 will be used to carry economicdevelopment plans for the regionL6NOW THEREFORE BE IT RESOLVED, that the Board of Commissioners of Johnston Countyrequests the release of its 6,51406 share of these funds to the Triangle J Council of Government inaccordance with the provisions of section 165 of Senate Bill 352, the 1997 ratified budget billAdopted this 1 st day of December, 199711 Confirmation of Sale of Property in ClaytonThe County Manager reminded the Commissioners that on October 6, 1997, the Board passed aresolution allowing the private sale of a small county -owned parcel of land off Hinton Street in ClaytonThe resolution was advertised and there was no response from the public He recommended the Boardconfirm the sale of the property to Joe Jacobs for the tax value of 1,500Upon a motion by Commissioner James W Cash, seconded by Commissioner James H Langdon,Jr and carried by unanimous vote, the Board confirmed the private sale of a small parcel of property inClayton off Hinton Street to Joe Jacobs for 1,50012 Juvenile Restitution Program - Additional FundingRomaine Lee with the Juvenile Restitution Program for Johnston County, informed the Board theGeneral Assembly has provided funds for each County in the State to institute a Juvenile RestitutionProgram Since Johnston County already has a program in place, these funds, in the amount of 16,784,can be used to expand her program The Youth Task Force has met and recommended the County acceptthe additional appropriation and approve the program budget revision for FY 97 -98 to include this fundingUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner James HLangdon, Jr and carried by unanimous vote, the Board accepted 16,784 in additional state funds andapproved the revised budget for the Countys Juvenile Restitution Program13 Materials Restriction Policy for Johnston County LandfillThe Board reviewed a proposed materials restriction policy recommended by the Public UtilitiesDepartment In addition to listing all State mandated material bans, the policy would regulate sharps redbag medical waste and corrugated cardboard at the County landfillPublic Utilities Director, Haywood Phthisic stated that at present, red bag medical waste is mixedin with other garbage, and represents a safety and health hazard to both his employees and the public Herecommended that haulers be required to separate red bag medical waste and place this material in adesignated area of the landfill for segregated disposalConcerning corrugated cardboard, Mr Phthisic noted this is a highly recyclable product andshould not be taking up space in the landfill He recommended the County allow no load of solid wastewhich contains more than 10 recyclable corrugated cardboard by weight or volumeBoth restrictions would have tipping fee surcharges that would be applied in the event of multipleviolations He suggested the policy be made effective January 1, 1998, and surcharges applied afterFebruary 1, 1998 Flyers would be sent to haulers in the December bill to make sure they have time tomake arrangements with their customersFollowing discussion, Commissioner Thomas M Moore moved the Board adopt the followingMaterials Restriction Policy for the Johnston County Landfill Commissioner Cookie Pope seconded themotion, which carried by unanimous voteLANDFILL MATERIALS RESTRICTION POLICYPURPOSEThe purpose of this policy is to assure compliance with state mandated waste material bans and tocontrol disposal of certain other materials, especially those that are considered recyclable or pose a safetyhazardAUTHORITYThis policy is formulated pursuant to the authority contained in GS 130A- 30909A and 130A-30909BA •STATE MANDATED WASTE MATERIAL BANSThe following materials are prohibited from disposal in all North Carolina landfills1 Used Oil 5 Aluminum Cans2 Yard Waste 6 Whole Scrap Tires3 White Goods 7 Lead -acid Batteries4 AntifreezeJohnston County landfill has established special collection areas at the landfill for all of the abovematerials except antifreeze The materials must be segregated and unloaded in the area designated forthat materialJOHNSTON COUNTY RESTRICTED MATERIALS1 Material Sharps Red Bag Medical WastesRules Reference Definition of sharps -- GS 130A- 30926a1 15A NCAC 13B120111Safe Disposal -- GS 130A- 30926b 15A NCAC 13B 1202bRestriction These materials must be segregated from other waste when brought to thelandfill and placed as directed by the equipment operatorExplanation The integrity of sharps containers and red bags is destroyed when the landfillcompactor crushes them The contents are thus spilled out onto the working face andpresent a possible safety health hazard to other customers using the landfill Thesehazards exist in the form of needle punctures or contact with infectious wastesEnforcement Procedures Loads from medical facilities will be randomly inspectedViolations treated in the following manner1 st violation -- written warningEach violation thereafter 2 x the regular tipping fee of the entire load2 Material Corrugated CardboardRules Reference GS 130A- 30903b1, 7, 10, 11Restriction No load of solid waste containing more than ten 10 percent recyclablecorrugated cardboard by weight or volume may be disposed in the landfillExplanation The state strongly encourages the recycling of materials that are easilyseparated from other waste and for which a well defined market exists Severalcardboard processors are located in a 30 mile radius of Johnston County and offerindividualized collection services for cardboardEnforcement Procedures Commercial, industrial, institutional loads will be randomlyinspected for compliance Violations treated in the following manner1 st violation -- written warning2nd violation - -2 x the regular tipping fee of the entire loadEach violation thereafter -4 x the regular tipping fee of the entire load14 Award of Bids - Articulated Dump Truck for County LandfillBid Opening October 23, 1997The Board reviewed the following bids received on October 23, 1997 for an articulated dump truckfor the landfillGregory Poole, Inc, Raleigh, NC- Caterpillar D300E 293,00520Powertrain Warranty 5 year 7,500 hour 5,83000Total Bid 298,83520L B Smith, Inc, Clayton, NC Volvo BM A30 291,06752Powertrain Warranty 3 year 7,500 hour 7,10500Total Bid 298,17252The Public Utilities Department recommended award of bid to Gregory Poole, Inc based on theCaterpillar D300E most accurately meeting the specifications, the extended powertrain warranty, and thehydraulic tailgate, which will allow the truck to carry loads longer than the dump bedClyde Lundy, Volvo dealer in Johnston County, stated both companies took exceptions to thespecifications, and his was the lower bid He noted that Volvo invented the articulated dump truck, and inhis opinion, his equipment would meet the needs of the County He asked the Board to consider awardingthe bid to L B SmithA •Haywood Phthisic pointed out there was only 700 difference in the two bids The majordrawback to the Volvo, other than the length of the powertrain warranty, was the type of tailgate TheCounty often needs to haul pipe and construction materials longer than the bed of the truck, and theVolvos tailgate is stationary The hydraulic tailgate on the Caterpillar can be lowered to rest under the bedof the truck to allow for this type of haulingFollowing discussion, Commissioner Jerry F Wood moved the Board award the bid for anarticulated dump truck for the County Landfill to Gregory Poole, Inc of Raleigh in the total amount of298,83520 Mr James W Cash seconded the motion, which carried by unanimous vote15 Budget Amendments ApprovedUpon a motion by Commissioner Thomas M Moore, seconded by Commissioner James HLangdon, Jr and carried by unanimous vote, the Board approved the following budget amendmentsA Social Services DepartmentExpenditure Increase - to budget additional state funds for COA Block Grant Aging Revisions10 61204505Home Deliver Meals3,4350010 61204508In -Home Aide Services75,3320010 61204512InformationCase Assistance6,3170010 61204516Respite19,15200Expenditure Decrease10 6120450610 6120451310 6120451410 61401902Revenue IncreaseGeneral TransportationCongregate MealsSenior Center OperationsState County Special AssistanceTOTAL10 612034126 Triangle J - Block Grant Aging2,861001,772006,481007,2120085,9100085,91000Expenditure Increase - Additional federal funding for Crisis Intervention Program10 61101909 Crisis 22,87300Revenue Increase10 610034123 Social Services Administration22,87300Expenditure Decrease - Decrease funding for Independent Living Program10 61006380 Independent Living 12,00000Revenue Decrease10 610034123 Social Services Administration12,00000Expenditure Increase - Additional funds for tuition for training center for Work First participants10 61354525 Center for Employ Training - Tuition Expenses 30,34000Revenue Increase10 610034123 Social Services Administration 30,34000B Health DepartmentExpenditure Increase - funds for local WIC program for screening for children needing immunizations10 59551100Telephone6000010 59551110Postage5000010 59551400Travel2000010 59553200Office Supplies8000010 59554500Contract Services5000010 5955740010 59550300Revenue IncreaseCapital OutlaySalaries Part-TimeTOTAL2,000001,740006,3400010 595534155 Health Human Services WIC Immunizations 6,34000?? •16 AppointmentsA Johnston Lee Community Action Board - 1 position, 2 year term No applications werereceived for this positionB Johnston County Board of Health - 1 position physician 3 year termUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Eleanor N Creechand carried by unanimous vote, the Board reappointed Lyndon Jordan for a three year term to expireDecember, 2000C Industrial Development Commission - 6 positions, 2 year termsUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board made the following appointments to the Industrial DevelopmentCommission for two year terms to expire December, 1999Reappointed Linwood Byrd Four Oaks, Charles Hall Smithfield, Ricky Young Benson, T GEnnis at- large and Ernest Ward at- large Appointed Sue Dupree Pine LevelD Emergency Food Shelter Board - 14 positions, 2 year termsCommissioner James W Cash moved the Board make the following appointments to the EmergencyFood Shelter Board for two year terms to expire December, 1999 Commissioner Jerry F Woodseconded the motion, which carried by unanimous voteReappointed Earl Marett, Anne Eason, Ann Creech, Paul Olsen, Marie Watson, Dewayne West, andDonna Creech Appointed Ltd James T Sills, Molly Parker, Cal Genereux and Keri ChristensenE Tourism Authority - 1 position Hotel Motel Operator to fill an unexpired term until 1098Upon a motion by Commissioner Cookie Pope, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board appointed Hank W Daniels to fill the unexpired term of Mike Lowe,which will expire October, 1998F Local Emergency Planning Committee SARA - 5 positions, 2 year termsUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Thomas M Moore andcarried by unanimous vote, the Board appointed Jimmy Dale Hooks to the Local Emergency PlanningCommittee for a two year term to expire December, 1999G Moccasin Creek Service District Board - 1 position to represent Pine Level, 2 year termAs recommended by the Pine Level Town Board, Commissioner Jerry F Wood moved the Boardappoint Richard D Braswell to the Moccasin Creek Service District Board to serve as Pine Levelsrepresentative for a two year term to expire December 1999 Commissioner Cookie Pope seconded themotion, which carried by unanimous voteH Criminal Justice Partnership Advisory Board New Board established 9697 20 positions, 2year terms Membership of Board follows the requirements set forth by the NC GeneralAssemblyUpon a motion by Commissioner James W Cash, seconded by Commissioner James H Langdon,Jr and carried by unanimous vote, the Board made the following appointments to the newly establishedCriminal Justice Partnership Advisory Board for two year terms to expire December, 1999Andy Corbett, District Court JudgeRick Price, criminal defense attorneyRoy Godwin, police chiefDavid James, probation officerVanessa P Satterfield representing Mental HealthSteve Strickland representing Public HealthA •Tim Hughes representing Substance AbuseTruett Underhill representing Employment TrainingLynwood Rains representing Community Based Corrections ProgramJune Holt representing Victim Service ProgramSteve Alexander, member of the Business CommunityJean High, citizenDonald Jones, citizenCommissioner Cookie PopeRick Hester, designee of County ManagerJudge Knox Jenkins, Superior Court JudgeTom Lock, District AttorneyNell Phelps, Community Service CoordinatorSheriff Freddy Narron17 Minutes To Be UnsealedHaving received an order from the Court reversing the original order to seal the minutes of theclosed meeting of October 6, 1997, Commissioner Jerry F Wood moved the Board unseal the October6, 1997 minutes of Closed Session, item 45 Commissioner Thomas M Moore seconded the motion, whichcarried by unanimous voteThere being no further business, Commissioner Cookie Pope moved the Board adjournCommissioner Thomas M Moore seconded the motion, which carried by unanimous voteNorman C Denning, ChairmanJoyce K Ennis, ClerkDetailsAnnotationsEntry PropertiesModified11192013 121147 PMCreated3272003 103018 AMTemplateMinutesFieldsMinutes - TypeRegularMinutes - Date1211997Book20