November 3, 1997 - 10:00 AM - County Board of Commissioners Meeting Minutes

November 3, 1997The Johnston County Board of Commissioners met in regular session Monday, November 3,1997, at1000 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 October 6 regular andclosed sessions, and October 13, 1997 board meetings There being no corrections, the Chairmandeclared the minutes approved as presented2 ProclamationUpon a motion by Commissioner James W Cash, seconded by Commissioner Cookie Pope andcarried by unanimous vote, the Board adopted the following proclamationVETERANS DAY - 1997WHEREAS, for decades America has paused on the 11th of November, the anniversary ofthe armisticethat concluded World War I, to remember and to honor our veterans of military servicein proud and grateful recognition of the hardships and sacrifices by the millions of menand women who have defended our land in war and in peace; andWHEREAS, the freedoms we enjoy have been purchased and maintained at a high price, as Americanshave been willing, throughout our history, to fight and die to preserve their individualrights as guaranteed in the United States Constitution and the Bill of Rights; andWHEREAS, Americans owe a great debt to all those who have served in defense of this nationthroughout the generations; for their sacrifices, often resulting in permanent injury ordeath, which have preserved our unique form of government dedicated to human right andrespect for the individual, and preserved our freedoms and promise of liberty as anexample for oppressed persons of the world; andWHEREAS, in honor ofthese dedicated men and women, we pledge our continued defense of our nationso that their sacrifice will stand before all the world as a tribute to the spirit anddetermination of a people dedicated to the principle of freedom and democracyNOW, THEREFORE, the Johnston County Board of Commissioners does hereby proclaim November11, 1997 as Veterans Day in Johnston County, and urge our citizens to commend its observanceProclaimed this the 3rd day of November, 1997Chairman Denning presented the proclamation to Veterans Service Director, Tommy Blinson MrBlinson introduced Lloyd Taylor, president of the Johnston County Veterans Council, who thanked theBoard for their continued support He invited them to the Veterans Day program on November 11, 1997,which will be held in front of the Courthouse on Market Street Congressman Bob Etheridge, veteran ofthe United States Army, will be the speaker3 Surplus PropertyThe Board considered the following vehicles, which have been recommended as surplus propertyA Mental Health Department1984 Dodge Minivan 2B4FK41G9ER147225 73,732 milesLo •B Sheriffs Department1993 Chevrolet CapriceIGIBL5372PWI49502120,588 miles1993 Chevrolet CapriceIGIBL5374PWI49906105,089 miles wrecked1993 Chevrolet CapriceIGIBL5377PWI49530118,976 miles1993 Chevrolet CapriceIGIBL5379PWI49299131,871 miles1991 Ford Crown Victoria2FACP72G2MX17522155,125 miles1992 Ford Crown Victoria2FACP72W9NX218780131,424 miles1992 Ford Crown Victoria2FACP72W6NX218784138,877 miles1992 Ford Crown Victoria2FACP72W6NX190310110,254 miles wrecked1992 Ford TaurusIFACP5040NA10419595,386 miles1992 Ford TaurusIFACP5046NA104198115,226 miles1992 Ford TaurusIFACP5048NA104199105,562 miles1992 Ford TaurusIFACP5044NA104197138,500 miles1992 Chevrolet S -10 Truck1GCCS14ZXN8219823116,864 miles1989 Chevrolet CamaroIGIFP21SIKLI5957375,594 miles1991 Dodge Dynasty1B3XC46R5MD154626107,626 miles1991 Ford ThunderbirdIFAPP604IMH12425797,222 miles1986 Toyota 4 X 4 TruckJT4RN63R1G044248162,310 miles1987 Dodge D -50 TruckJB7FL49E3HP109949150,230 milesFollowing discussion, Commissioner Cookie Pope moved the Board adopt the following resolutiondeclaring the vehicles listed above surplus and authorizing the disposal of this property CommissionerJames H Langdon, Jr seconded the motion, which carried by unanimous voteRESOLUTION AUTHORIZING SALE OF PROPERTY AT PUBLIC AUCTIONWHEREAS The Johnston County Board of Commissioners has been asked to declare surplus thevehicles listed above, which are identified by make, model and VIN number; andWHEREAS The Board desires to dispose of these vehicles by public auction, except for the twowrecked vehicles, which would be sold for salvageNOW THEREFORE, the Johnston County Board of Commissioners does hereby declare the above listedvehicles as surplus property, and authorizes they be sold at public auction on Saturday, November 22,1997 at 1000 am in the parking lot on South Second Street, Smithfield, North Carolina, with theexception of the two wrecked vehicles, which are to be sold for salvage valueBE IT FURTHER RESOLVED, that the Board authorizes Finance Officer, John R Massey to supervisethe public auctionAdopted this 3rd day of November, 1997The Board also agreed to include in the sale a 1988 Ford Crown Victoria, VIN#2FABP72FOJX202425, with 105,244 miles, which was previously declared surplus and initially sold atthe last auction, however, the buyer did not take delivery due to financial problems4 Personnel - Health DepartmentDr Leonard Woodall, Director of the Johnston County Health Department, requested a PhysicianII position in his department The need for a full time physician was discussed during this years budgetpreparation, however it was believed it would not be needed until FY 98 -99 Once the Health Departmentmoves into their new facility, a full -time physician will be required in order to provide medicare servicesDr Woodall noted he has had several physicians show interest, and since he now anticipates hisdepartment will be in their new building by the middle of May, he asked the Board to approve the positionso he can go ahead and hire someone, possibly around the first of the year In the interim, this personwould be working with the physician extenders at the existing facilityFollowing discussion, Commissioner Jerry F Wood moved the Board approve a Physician IIposition for the Health Department, and approve the following budget amendments CommissionerEleanor N Creech seconded the motion, which carried by unanimous voteLoExpenditure Increase - Allocation for TANF Funds to be used for staff physician10 59600200Salary- Family Planning21,80700Revenue Increase10 596034155DEHNR21,80700Expenditure Increase - AnticipatedMedicare and Medicaid revenuethorough Adult Health10 59200200Salary - Adult Health78,19300Revenue Increase10 592034156Medicare39,0970010 592034154Medicaid39,096005 Budget Amendments ApprovedUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board approved the following budget amendmentsA Law Enforcement Officers SeparationExpenditure Increase - To budget former employees drawing separation allowance27 51100200 Salaries Wages 5,10600Revenue Increase27 511033990 Fund Balance Appropriated 5,10600B Sheriffs DepartmentExpenditure Increase - To budget grant awarded 1997 75 State, 25 local Match10 51004305 Computer grant expenditures 145,58000Revenue Increase10 510035136 State Grant - Interface Enhancement 109,1850010 460033990 Fund Balance Appropriated 36,39500C Health DepartmentExpenditure Increase - to budget AHEC fds for precepting 2 students School fds for hepatitis vaccine10 59154610 Hepatitis - Epidemiology 2,1616710 59201400 Travel - Adult Health 5250010 59201410 Training 52500Revenue Increase10 591534153 Johnston Co Schools 2,1616710 592034153 WAKE AHEC 1,05000D Social Services DepartmentExpenditure Increase - to make correction of line item entry for Work First overpayment10 61354523 Contract Program Expense 2,58100Revenue Increase10 610034123 Social Services Administration 2,58100Expenditure Increase - additional Child Day Care funds10 61304519 Child Day Care 308,05600Revenue Increase10 613034119 Child Day Care 308,05600E Public UtilitiesExpenditure Increase - funds for 201 Plan amendment to meet requirements for state funding list68 790010406 201 Technical Services 30,00000Revenue Increase68 971036195 Capital Reserve 30,000006 AppointmentsCounty Manager, Richard Self, notedthere are still five vacancies on the Nursing Home DomiciliaryHome Advisory Board Recently the General Assembly increased the board by five positions, four ofwhich have not been filled, Ms Beatrice Powell, whose term expires this month, has indicated she doesnot wish to be reappointed Mr Self encouraged the Commissioners to help find suitable persons as thiscommittee has a serious responsibility in monitoring nursing and domiciliary homes in the CountyBe e7 Request from Rescue Association for Representation on Advisory CommitteeThe Board considered a request from Stefan Fehr, president of the Johnston County RescueAssociation, asking for Association representation on the Emergency Services Advisory CommitteeFollowing discussion, the Board agreed that although the County certainly wants the RescueAssociations input, it would not be appropriate to add additional members since the committee is alreadyfar along in its deliberations It was pointed out that even though there is no one specifically representingthe Rescue Association, there are two rescue squad members on the committee, and the meetings are opento the publicThe Board asked that a letter be written in response to Mr Fehrs request explaining theCommissioners decision and expressing the hope that the Rescue Association will continue to attend themeetings and freely discuss their concerns with the members8 Acquisition of Water Districts through Annexation by MunicipalitiesDiscussion on the acquisition by annexation of water districts was postponed9 Water and Sewer Service to Meadow SchoolThe Board again discussed the need for water and sewer services at Meadow School, especially theimmediate concern for sewer to accommodate the facility additions planned by the Board of EducationIt was noted that at the October 13th meeting, the Commissioners favored a sewer force main back toBenson instead of an onsite systemFollowing discussion, Commissioner Jerry F Wood moved the Board authorize the engineering anddesign for both water and sewer to Meadow School, and authorize the County Manager and Engineer toproceed with construction of a sewer force main from the school to the Town of Benson CommissionerCookie Pope seconded the motion, which carried by unanimous vote10 Award of Bid - Landfill EquipmentBid Opening October 23, 1997The Board reviewed the following bid received for an Auto Landfill Tarping Machine and two tarpsTarpomatic, Inc - Canton, Ohio Tarping Machine 52,67628Two 2 Tarps - 4,61100Following discussion, Commissioner Jerry F Wood moved the Board award the bid for an autoLandfill Tarping Machine and two tarps to Tarpomatic, Inc, Canton, Ohio, in the total amount of57,28728 Commissioner Thomas M Moore seconded the motion, which carried by unanimous vote11 Designation of Authorized Public Utility Department RepresentativeThe County Manager requested the Board authorize Engineer Tim Broome as County agent toexecute documents approving water and sewer extension plans and subdivision plats Public UtilitiesDirector, Haywood Phthisic, has been doing this, however Mr Broome is now responsible for the planreviews and needs to be signing off on the plansUpon a motion by Commissioner Cookie Pope, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board designated Tim Broome as the County agent to execute documentsapproving water and sewer extension plans and subdivision plats12 Request for Additional Project on Recreation Grant 9798 -40Upon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner Eleanor NCreech and carried by unanimous vote, the Board approved a track high jump pit as an additional projecton recreation grant 9798 -40 for North Johnston High School FFA ClubA •13 Amendments to Policy and Procedures for Appointments to Boards and CommissionsAt the request of the Chairman, Commissioners Eleanor N Creech and James H Langdon, Jrreviewed the Boards Policy and Procedures for Appointments to Boards and Commissions Theyrecommended the following proposed amendments to Section I, D E of the policySection I -D Add the words one time to the third sentence, and Add subsection D1 as followsThis policy may be waived one time if the Board of Commissioners determines that the removalof a number of individuals made ineligible by this statute would be detrimental to the functioning of thatboard, commission, committee or authoritySection I D1 This waiver may be reconsidered if no other applications are received for theappointed positionSection I -E First paragraph to read as follows deletions struck out and additions underlinedIf an appointee has unexcused absences which constitute more than 25 of the regular boardmeetings in any calendar year which he or she is required to attend pursuant to his or herappointment, he or she is obligated to re it is encumbered upon the board or commission orauthority to recommend to the Board of Commissioners that this individual be replacedFollowing discussion, Commissioner Thomas M Moore moved the Board adopt the amendmentsto the Policy and Procedures for Appointments to Boards and Commissions as recommended aboveCommissioner Cookie Pope seconded the motion, which carried by unanimous vote14 Public Hearing Set Ambulance Franchise RequestUpon a motion by Commissioner James W Cash, seconded by Commissioner Jerry F Wood andcarried by unanimous vote, the Board called for a public hearing at 1000 am on December 1, 1997 toconsider requests from Blackmans Crossroads Fire Department and Princeton Fire Department to becomeFirst Responder Units15 Resolution Adopting Prioritization for Property Acquisition Activities - Hazard MitigationGrant ProgramCounty Manager, Richard Self, explained the County is applying for federal Hazard MitigationGrant Program funds to help move residents from the threat of flooding through voluntary propertyacquisition activities In order to receive the grant, the Board must establish methodology to prioritizehomeowners who have expressed an interest in participating He explained that any land acquired wouldbecome the Countys property, on which pine trees could be plantedFollowing discussion, Commissioner Jerry F Wood moved the Board adopt the followingresolutions establishing the Countys plan for HMGP funds Commissioner Thomas M Moore secondedthe motion, which carried by unanimous voteRESOLUTION ADOPTING PRIORITIZATION PLAN FOR VOLUNTARYPROPERTY ACQUISITION ACTIVITIESHAZARD MITIGATION GRANT PROGRAM HMGP FOR JOHNSTON COUNTY,NORTH CAROLINAWHEREAS, Johnston County intends to procure HMGP funds in order to conduct a voluntaryproperty acquisition program, in order to remove households from the threat of flooding which endangershealth and safety and;WHEREAS, the Robert T Stafford Disaster Relief and Emergency Assistance Act requires thateach HMGP project funded be cost - effective see 42 USC 517c and;WHEREAS, it is the finding of the State and County that exposure to the risk of future flooding isdirectly related to cost - effectivenessTHEREFORE, Johnston County has established the following methodology to prioritizehomeowners who have expressed an interest in participating in the proposed voluntary HMGP acquisitionprogram in the CountyFAFEMLO •METHODOLOGYEach structure will be evaluated based upon its exposure to the risk of future floodingSpecifically, the county will establish base flood elevations BFEs for a 100 -year flood event forthe structure Additionally, the County will establish the elevation of the first finished floor in eachstructure These inputs will produce the estimated depth of flooding in each structure at a 100 yearflood event The depth of flooding at the 100 year flood event will establish the priority eachstructure to be purchased The structure with the greatest depth of flooding at the 100 year floodevent will be prioritized first, with other structures following in an descending order If thismethodology results in a tie, tiebreaking criteria will be utilized Tiebreaker criteria were developedfrom available survey data These tiebreaking criteria are as followsWood Frame Structure 15 pointsMasonry Structure 10 pointsStructure more than 20 years old 10 pointsHeld Flood Insurance at Time of September, 1996 Flood 5 pointsSpecial Needs eg Elderly or Handicapped 5 pointsAcquisition offers will be made in chronological order based upon priority rank Homeowners willhave thirty 3 0 days to accept or reject an offer If the homeowner does not respond within thirty3 0 days, funds will not longer be reserved for their acquisition, and the offer will be invalid Offerswill be made until available funds are exhaustedAdopted by the Johnston County Board of Commissioners on the 3rd day of November, 1997DESIGNATION OF APPLICANTS AGENTBE IT RESOLVED by the Board of Commissioners of Johnston County, NC that Richard B Self,County Manager, is hereby authorized to execute for and in behalf of Johnston County, a public entityestablished under the laws of the State of NC, this application and to file it in the appropriate State officefor the purpose of obtaining certain Federal financial assistance under the Disaster ReliefAct Public Law288,93 rd Congress or otherwise available from the Presidents Disaster Relief FundTHAT Johnston County, a public entity established under the laws of the State of North Carolina,hereby authorizes its agent to provide to the State and to the Federal Emergency Management AgencyFEMA for all matters pertaining to such Federal disaster assistance the assurances and agreementsprinted hereofAdopted this 3rd day of November, 199716 Driveway PermitsPlanning Director, Cal Genereux, summarized the situation concerning the controversial drivewaypermit for Cracker Barrel near the intersection of NC 42 and Interstate 40 He explained that the propertypurchased by Cracker Barrel is part of a commercial subdivision When the site plan was reviewed by thePlanning staff, it was determined that driveway access to NC 42 would be hazardous to the general public,including Cracker Barrel customers, because of its close proximity to the Interstate 40 Another publicroad into the subdivision was shown, and it was determined that for safety reasons, this would bepreferable to direct access into NC 42 Highway Commissioner, Durwood Stephenson, saw the plan andagreed with the Planning staffThe Planning staff and Mr Stephenson were unaware at that time that DOT had been meeting withCracker Barrel about the driveway permit, first denying, then approving a permit when modifications weremade Mr Stephenson later explained that DOT felt they were required to approve the permit for accessinto the state road since the property owner has road frontageWhen the Planning Staff did not sign the site plan, DOT reversed its decision and revoked thepermit Cracker Barrel then began working with the County on an alternative solution They submitteda satisfactory plan which was approved and they were issued a landuse permit and building permit Atthis point, Mr Genereux stated everyone seemed satisfied, including Cracker Barrel He stated they havenever been anything but professional and courteous, and have never mentioned any lawsuit against theCountyDave Roesler, County planner, showed illustrations of how the proposed driveway would behazardous, even if it was a right in, right out only0• •Mr Genereux noted the Planning staff denied the original site plan based on the following facts 1turning motions required to enter and exit the site regardless of driveway design, 2 future widening ofNC42, which would increase the danger, and 3 numerous complaints regarding the existing traffic problemsacross I -40 and the need to prevent this from happening again He pointed out the Planning staff strivesto look at the big picture in approving site plans in order to assure that hazardous situations are avoidedif at all possible The Planning Departments only goal is to protect the publicCommissioner Thomas M Moore questioned the illustrations used by Mr Roesler He noted he hasvisited the site and the distance to the ramp on I -40 is further away than stated He agreed the originaldriveway plan is not ideal, however it is not, in his opinion, that much of a traffic hazard He alsoquestioned whether the County had the authority to assume this responsibility for driveways He pointedout that DOT has trained staff for these decisions, and perhaps the County should not be involvedSteven Sanderson with Southwind Surveying and Mapping, also questioned the information on theillustrations shown by Mr Roesler, stating the distances are inaccurate He stated the purpose of the roadentering the property is to serve lot 43 only and noted the other lots in the subdivision all have access toNC 42 DOT approved the driveway as safe once it was designed as right in, right out only He furthernoted that if a property has state road frontage, they are allowed direct access on the road There is apolicy that allows a county or municipality to review driveways, however the local government has torequest this, and Johnston County has never done so He noted that even though the SubdivisionOrdinance allows the Planning staff or Planning Board to approve driveways in subdivisions within theInterstate Overlay area, this would, in his opinion, have to be done when the plat is approved, not at thetime of site plan approval He stressed the plat was approved by the Planning Board, the driveway wasapproved by DOT, and Cracker Barrel purchased the property based on the fact they could get access toNC 42 In his opinion, it is too late for the County to objectMr Genereux explained the illustrations used by Mr Roesler depict what the intersection will looklike when Hwy 42 is widened to four lanes, with a fifth lane in this area for accessing and exiting theInterstate This is already planned by the Department of Transportation He reminded the Board that thisone property is not the only one that has to be considered There are other commercial lots in the area, andif each has a driveway onto NC 42, there will be multiple hazardsChairman Norman Denning pointed out the citizens in the I -4042 area have expressed their desirefor the County to be responsible for long -range planning, and specifically many have requested the Countydo everything possible to avoid further potential traffic problems The County has professional staff anda competent Planning Board and, in his opinion, the County should let them do their jobBoard members discussed the matter and agreed that safety is the major concern and the Countyneeds to establish a firm policy on driveway permits Commissioners Langdon and Pope voiced concernthat the County disapproved of the driveway after the plat approval stage of developmentJoe Barefoot, developer and original property owner, stated that in his opinion, if the State says thedriveway is safe, they should know They only denied the permit when the County had a problemCounty Manager, Richard Self, suggested there are two issues involved The first issue pertains tolong -range planning and the Countys policy concerning review of Commercial driveway permits in theInterstate Overlay Districts, and the second issue concerns Cracker Barrel He stated the subdivisionordinance requires the Planning Board to review the access of subdivisions on major thoroughfares andstates they must consider criteria, including the level of congestion and safety He stated that since nodriveway was represented on the original plat, the Planning staff reacted as soon as they saw the proposeddriveway on the site plan He stressed that staff needs the Boards guidance on this matterCommissioner James W Cash suggested the Planning staff meet with the Department ofTransportation, Cracker Barrel as property owners, and the developers to see if this matter can be workedout, and bring back a recommendation to the Board Concerning the broader issue of County Policy, herecommended the Board discuss this later in the meetingBe • l17 Public Hearing Archers Lodge Water DistrictAdvertised The Smithfield Herald 1014; 1021; 1028Posted 101497 - David Price Grocery, Archers Lodge Fire Department, East ClaytonElementary SchoolThe Chairman opened the public hearing and invited anyone who wished to address the Board onthe proposed Archers Lodge Water DistrictEngineer Tim Broome stated an informal survey in the Archers Lodge Community has shown thereis considerable interest in forming a water district He showed a map ofthe proposed boundaries and notedthe East Clayton School would be included in the districtCounty Manager, Richard Self, pointed out the district would interconnect with the water line atCorinth Holder School This would allow the County to discontinue purchasing water from Wendell,except in an emergencyBarry Weaver, resident of the Archers Lodge Community, voiced opposition to the district Heasked if everyone would be required to connect to the system He noted he has a good well, and can notforesee wanting public water, even when he builds a new house in the future His property isapproximately 540 feet from the roadThe County Manager responded that water districts in Johnston County have been built on avoluntary participation basis, however he noted the NC State Plumbing Code requires that all newconstruction connect to public water and sewer if connection is accessible and feasible Unfortunately,the State does not define accessible and feasible; however County staff is now working on a policy thatwill set specific guidelines In response to Mr Weavers question about who would maintain the system,the Manager explained the County would sell water to the district, and funds for maintenance would befigured into the monthly billsMichael de Sherbinin, who also lives in the community, supported the establishment of the waterdistrict He stated he has had problems with his well and believes the availability of public water wouldbe an improvement for the area Lacy Castleberry also spoke in favor of the water districtThere being no further comments, the Chairman closed the public hearing18 Resolution Establishing Archers Lodge Water District of Johnston CountyUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Cookie Pope andcarried by unanimous vote, the Board adopted the following resolution creating the Archers Lodge WaterDistrictRESOLUTION CREATING THE ARCHERS LODGE WATER DISTRICTOF JOHNSTON COUNTYWHEREAS, the Johnston County Board of Commissioners hereinafter the Board at its regularmeeting on August 5, 1996, resolved that a Public Hearing be held, pursuant to NC General StatutesChapter 162A -88 et seq, to consider creation of the Archers Lodge Water District of Johnston County;and,WHEREAS, the Board further resolved that the said Public Hearing should be held on Monday,November 3, 1997, and directed the appropriate representative ofthe County to take the necessary actionsto hold the Public Hearing; andWHEREAS, the Board further resolved that the appropriate representatives of the County take thenecessary actions to properly notice said Public Hearing as provided by law; andWHEREAS, pursuant to NC General Statutes Chapter 162A -86, a Notice of Public Hearing wasprepared stating the date, hour and place of the hearing and its subject and setting forth a description ofthe territory to be included within the proposed Archers Lodge Water District of Johnston County; and,WHEREAS, pursuant to said NC General Statutes Chapter 162A -86, the Notice of Public Hearingwas published once a week for three weeks in newspapers that circulate in the proposed district and postedin at least three public places in the district The Notices of Public Hearing were posted and published thefirst time not less than twenty days before the hearing; and,J• •WHEREAS, a Public Hearing was held at 1100 am on November 3, 1997, in the CommissionersRoom, Courthouse Annex, Smithfield, North Carolina at which time taxpayers and all other interestedpersons appeared and were heard concerning the question of creating the Archers Lodge Water Districtof Johnston County; andWHEREAS, the Board, following the Public Hearing, finds that1 There is a demonstrable need for providing in the district water services;2 The residents of all the territory to be included in the district will benefit from the districtscreation; and3 It is economically feasible to provide the proposed service or services in the districtwithout unreasonable or burden -some annual tax levies; andWHEREAS, the Board recognizes that vital matters to be considered in creating the district are theavailability of federal funding and the successful issuance of bonds andor notes for the purpose ofproviding funding to provide water to the district, or portions thereof, and the number of users whocontract to purchase water; and,WHEREAS, the Board finds that the district shall be defined as set forth in the Notices of PublicHearing and,WHEREAS, the Board now desires to create the Archers Lodge Water District of Johnston County,NOW, THEREFORE, BE IT RESOLVED by the Johnston County Board of Commissioners, asfollows1 It is hereby found thata There is a demonstrable need for providing in the district water services;b The residents of all the territory to be included in the district will benefit from the districtscreation; and0 It is economically feasible to provide the proposed service or services in the district withoutunreasonable or burdensome annual tax levies; and2 The Archers Lodge Water District of Johnston County is thereby created as provided above andthe said District is hereby described as followsDISTRICT BOUNDARIES FOR PROPOSED ARCHERS LODGE WATER DISTRICTBeginning at a point in the northern right of way of NC 42 at the center of the Neuse River, thenceapproximately 1750 linear feet eastward along the northern right of way of NC 42; thence northward andnorthwesterly along the eastern property line of parcel no 16JO5002H East Clayton K -5 School approximately1705 linear feet to a point; thence, easterly and northeasterly along the northern property lines of parcel numbers16JO5002F and 16KO5016 approximately 2790 linear feet to a point; thence northerly along a western propertyline of parcel number 16JO4014D approximately 2800 linear feet to a point; thence along the north property lineof parcel number 16JO4014D approximately 2005 linear feet east, approximately 100 linear feet south, andapproximately 235 linear feet east to a point; thence east approximately 435 linear feet along aboundary of parcelnumber 16JO4014 to a point; thence north along a boundary of parcel number 16JO4014 approximately 1415linear feet to a point; thence east and southeast along a boundary of parcel number 16JO4010 approximately 610linear feet to a point; thence generally northerly approximately 2265 linear feet, easterly approximately 405linear feet, and north approximately 1500 linear feet along boundaries of parcel number 16JO4014 to a point;thence easterly, south by southeasterly, and easterly approximately 4680 linear feet along the northern boundaryof parcel number 16JO4014 to a point; thence east approximately 1530 linear feet and south approximately 1060linear feet along boundaries of parcel number 1604022A to a point; thence, approximately 1560 linear feet eastand 130 linear feet south along boundaries of parcel number 16K04026; thence approximately 1840 linear feeteasterly along the northern boundary of parcel number 16KO5024 and across the right of way of Buffalo RoadState Road 1003 to a point; thence north by north westerly along the east right of way of Buffalo Road,approximately 1030 linear feet to a point; thence northeasterly approximately 5370 linear feet along the boundaryof parcel number 16KO5041 and the southeastern boundary of Virginia Downs Subdivision to a point; thencesoutheasterly approximately 1060 linear feet along a branch to a point in the confluence with Buffalo Creek; thennorth by northwesterly along the center of Buffalo Creek, approximately 6000 linear feet to a point in theconfluence of abranch; thence east and northeasterly along abranch and aboundary of parcel number 16K04023,approximately 2250 linear feet to a point; thence east approximately 2240 linear feet along a boundary of parcelnumber 16KO4023 to a point; thence northwesterly approximately 900 linear feet to a point; thence easterlyapproximately 2005 linear feet along a boundary of parcel number 16L04004, and the northern boundary ofBuffalo Creek Subdivision and across the right of way of Thanksgiving Fire Department Road State Road 1720to a point in the eastern road right of way; thence a line 500 linear feet northeast and perpendicular to the easternright of way of Thanksgiving Fire Department Road approximately 2900 linear feet to the centerline of CoveredBridge Road State Road 1700; thence a line 500 linear feet east of and perpendicular to the eastern right of way4-1-61Cof Applewhite Road State road 1720 approximately 21800 linear feet to a point 500 linear feet northeast of thenorthern right of way of NC 231; thence a line 500 linear feet northeast of and perpendicular to the northern rightof way of NC 231 approximately 3900 linear feet to a point in a line 500 linear feet from and perpendicular tothe eastern right of way of Wendell Road State Road 1701; thence a line 500 linear feet from and perpendicularto the eastern right of way of Wendell Road northwesterly approximately 700 linear feet to the point ofintersection with the Wake County line; thence following the Wake County line southwesterly approximately3 9000 linear feet to the intersection with the centerline of the Neuse River, thence generally southeasterly alongthe centerline of the Neuse River approximately 32000 linear feet to the point of beginning3 The Clerk to the Board is hereby authorized and directed to cause the Resolution to bepublished once in each of two successive weeks in the newspapers in which the Notices ofPublic Hearing were published, and in addition thereto cause to be published with theresolution a notice as provided in NC General Statutes Chapter 162A- 87bThe County, and its officers, agents and attorneys are hereby directed to take any further actions asmay be required by the laws of the State of North Carolina to perform the matters and things directed bythis ResolutionDuly adopted this 3rd day of November, 199719 Closed Session - To meet with Attorney Regarding Existing Litigation with the City of WilsonUpon a motion by Commissioner Jerry F Wood, 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 discussing with an attorney matters relating to existing litigation; Johnston County vs the Cityof WilsonUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Cookie Pope andcarried by unanimous vote, the Board adjourned closed session and resumed regular session20 Commercial Drivewav Permits within Interstate Overlav DistrictsThe Board again discussed the need to establish a County policy concerning commercial drivewaypermits in the Interstate Overlay DistrictsThe County Manager noted the Subdivision Ordinance states the Planning staff or Planning Board,whichever has approval authority depending on the size of the subdivision, may regulate access from asubdivision or individual lot directly onto a major thoroughfare It also states the Planning authorityshall consider certain criteria in reviewing the design for these subdivisions or individual lots, includinglevel of congestion, sight distance, traffic counts and road classification He stated the Planning staffrecognizes the need to address this matter when the original plat is presented, however in most cases, nodriveway cut is shown on a plat He asked for the Boards guidance on what the Countys role should beconcerning signing off on proposed drivewaysAttorney W A Holland was present and recommended the County assume the authority ofreviewing commercial driveway permits within Interstate Overlay Districts He noted the County hasnever notified the State they wish to exercise this authority, and at present, only the NC Department ofTransportation reviews driveway permits for approvalFollowing discussion, Commissioner Jerry F Wood moved the Board authorize the Planning staffor Planning Board, whichever is applicable, to sign off on all driveway permits for commercial propertyin Interstate Overlay Districts, including all driveway permits not approved already, even if the plat hasbeen recorded Commissioner Wood further moved this authorization become effective immediatelyCommissioner James W Cash seconded the motion, which carried by unanimous voteThere being no further business at this time, Commissioner James W Cash moved the Board recessuntil 630 pm, November 10, 1997 Commissioner James H Langdon, Jr seconded the motion, whichcarried by unanimous voteNorman C Denning, ChairmanJoyce K Ennis, ClerkDetailsAnnotationsEntry PropertiesModified11192013 30625 PMCreated3272003 104612 AMTemplateMinutesFieldsMinutes - TypeRegularMinutes - Date1131997Book20