September 2, 1997 - 10:00 AM - County Board of Commissioners Meeting Minutes

September 2, 1997The Johnston County Board of Commissioners met in regular session Tuesday, September 2, 1997,at 1000 oclock am in the Commissioners 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 Norman Denning asked if there were any corrections to the minutes of the August 4, 11,1997 board meetings There being no corrections, the Chairman declared the minutes approved aspresented2 Tax Exempt Loan - Wilsons Mills Fire DepartmentUpon a motion by Commissioner Cookie Pope, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board adopted the following resolution approving tax - exempt status fora loan by the Wilsons Mills Fire DepartmentRESOLUTIONNOW, THEREFORE, BE IT HEREBY RESOLVED, that the Board of Commissioners of JohnstonCounty, North Carolina, does hereby approve a tax - exempt loan to the Wilsons Mills Fire Departmentthe VFD from First Citizens Bank Trust Company in the principal amount of 155,000, which loanis for the purchase by the VFD of a fire truck, and which fire truck will be owned and operated by theVFD at Fire Department Road, Wilsons Mills, North Carolina3 Criminal Justice Partnership ProgramLinwood Rains, Judicial District Manager, addressed the Board concerning the possibility of theCounty participating in the Criminal Justice Partnership Program He noted there have been many changesin the Partnership Program since the County originally considered participation in 1995 He introducedTeresa Cummings, a planner with the State - County Criminal Justice Partnership Program, and asked herto briefly explain the program and answer any questions the Board might haveMs Cummings informed the Board that no County funds would be necessary in order for theCounty to participate The only matching contribution that would be required would be a 25 match onthe initial 6,000 State Grant for starting the program, and that could be an in -kind contribution throughMr Rains office The Legislature has allocated 107,000 for Johnston County, and Ms Cummingsindicated this should be an on -going allocationThe program enhances probation supervision and could affect both pre -trial detainees and thesentenced offenders If the Board agrees to participate, they would be asked to appoint an advisory boardof local persons in the court system who would made recommendations on how this money could best beused in Johnston CountyCounty Manager, Richard B Self, noted the program has been successful in other Counties,especially in reducing recidivism and the number of probation revocations, which in turn reduces the costof jail operationCommissioner James H Langdon, Jr voiced his support of the Countys participation He notedhis wife has been associated with the program in Harnett County and has been very pleased with theresultsLWOFollowing further discussion, Commissioner Thomas M Moore moved the Board agree toparticipate in the State - County Criminal Justice Partnership Program, authorize the County Manager tosign the necessary documents, and approve future budget amendments to allow State funds for thisprogram through the Countys budget Commissioner Jerry F Wood seconded the motion, which carriedby unanimous vote4 Surplus Property - Defibrillators for Rescue SquadsThe County Manager explained that in 1988, the County purchased eight defibrillators for the rescuesquads through the Governors Highway Safety Program funds and County matching money The unitsare now obsolete and the rescue squads have requested the County declare the units surplus and donatethem to each respective squad for trade -in valueUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Cookie Pope andcarried by unanimous vote, the Board declared the following defibrillators surplus and authorized theCounty Manager to donate the units to the individual rescue squads to be used for trade -in on newequipmentSmithfield Rescue Squad B9HX0142Selma Rescue Squad B9HX0146Princeton Rescue Squad B9HX0141Four Oaks Rescue Squad B9HX01525 Appointment - Map Plat Review OfficerKenly Rescue Squad B9HX0143Clayton Rescue Squad B9HX0148Benson Rescue Squad B9HX0144Micro Rescue Squad B9HX0145County Manager, Richard Self, informed the Board the NC General Assembly has passed a law thatrequires each County to designate by resolution one or more persons experienced in mapping or landrecords management as a Map Plat Review Officer He noted that a group of surveyors were presentand have asked to express their ideas and concerns on this matterDick Lewis, president of the Johnston County Chapter of the NC Surveyors Association, stated hisorganization has met and recommend the following 1 the review officer be an existing employee, not anew position; 2 designation of more than one person to prevent delays to the surveyors; and 3 the personbe either the Planning Director or a person in the Register of Deeds officeMr Self responded it has never been the Countys intention to create a new position for this officerHe noted the Planning Department is already overburdened with a limited staff to handle the tremendousgrowth in the County, and he would not recommend adding additional work to that department He statedthat having given much consideration about this matter, he would recommend Kay Hatch in theGIS Mapping Department for the position Ms Hatch has considerable experience in mapping, and wouldimmediately pursue further training He proposed that all maps plats be carried first to Ms Hatch whereshe would collect the 21 filing fee, certify the documents, make sure they are recorded in the GISdatabase, and take them to the Register of Deeds Office for recordation Concerning the designation ofmore than one person, he recommended the County first appoint Ms Hatch and make sure she is properlytrained, and then consider further appointments at a later meetingIn response to a question from surveyor Linwood Byrd, Mr Self stated that Ms Hatchs currentduties would be absorbed within the GIS Mapping DepartmentMr Byrd questioned why this would add work in the Planning Department as they have to reviewthe maps and plats anyway Commissioner Thomas M Moore responded that with the new law,municipal maps and plats will also have to be certified by the review officer, and currently the CountyPlanning Department does not handle theseIn discussion, Mr Lewis, Mr Byrd and the other surveyors present stated they would have noproblems with this arrangementThe Board thanked the surveyors for their comments and noted they would welcome further inputon how this was working once it goes into effect October, 1, 1997621Following further discussion, Commissioner Thomas M Moore moved the Board adopt thefollowing resolution Commissioner James H Langdon, Jr seconded the motion, which carried byunanimous voteRESOLUTION OF APPOINTMENTWHEREAS NC Senate Bill 875, ratified the 8th day of July, 1997, revised Article 2 of Chapter 47of the NC General Statutes by adding section 47 -302 to require the Board ofCommissioners of each county to designate by name one or more persons as a ReviewOfficer to review each map and plat required to be submitted for review beforerecordation by the register of deeds; andWHEREAS The Johnston County Board of Commissioners has reviewed the requirements for thisposition and discussed the qualifications needed to perform this dutyNOW, THEREFORE, the Johnston County Board of Commissioners does hereby appoint Kay B Hatchin the County Geographic Information Systems Department as the Johnston County Map and Plat ReviewOfficerAdopted this the 2nd day of September, 19976 Budget AmendmentsUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board approved the following budget amendmentsA Soil ConservationExpenditure Increase - money from State for River Debris Removal10 58504532 Stream Debris Removal 13,26856Revenue Increase10 585034152 25 Local Match ofNCRS Grant 13,26856B Hurricane FranExpenditure Increase - Money from FEMA for reimbursement to Fire Departments10 40506505 Hurricane Fran Expense 41,44800Revenue Increase10 405035130 FEMA Disaster Payment 41,44800C Health DepartmentExpenditure Decrease - Reduction in revenue from DEHNR- decrease in JC portion of Block Grant10 59000200Administration - Salaries3,52700Revenue DecreaseTravel1,0000010 590034155DEHNR3,52700Expenditure Increase -Additional grant money from Adult Health for Cancer outreach work10 59200400Professional - Adult Health2,50000Revenue Increase19 44753200Office Supplies10 592034155DEHNR2,50000D Heritage CommissionExpenditure Increase to reallocate expenditures for Heritage Commission for FY 1997 -9819 44754500Contract Services12,0000019 44751400Travel1,0000019 44751100Telephone5000019 44751200Printing2,0000019 44751110Postage1,5000019 44753200Office Supplies1,0000019 44754605Special Events5,00000TOTAL23,00000Revenue Increase19 4475339901Fund Balance23,000006227 Recreation Grants Approved and Program Closed Out for FY 1997 -98Upon a motion by Commissioner James W Cash, seconded by Commissioner Jerry F Wood andcarried by unanimous vote, the Board approved the following recreation grants with a budget amendmentfor 6,000 from contingencies, and agreed to close out the recreation grant program for FY 1997 -989798-38- NC Cooperative Extension, 4 -H - 2,0009798 -39 Princeton Babe Ruth Girls Softball - 2,0009798 -40 North Johnston High School FFA Club - 2,0009798 -41 Clayton Middle School Athletic Boosters - 2,0009798 -42 Princeton Little League - 2,0009798 -43 Clayton Little League - 2,0009798 -44 Clayton Middle School - 2,0009798 -45 Selma Elementary School PTA - 2,0009798 -46 Kenly Parks Recreation - 2,0009798 -47 Kenly Area Parks and Recreation Center KAPARC - 2,0009798 -48 Princeton Booster Club - 2,0009798 -49 Princeton Athletic Department - 2,0009798 -50 Smithfield Middle School PTA - 2,0009798 -51 Smithfield Middle Athletic Booster Club - 2,0009798 -52 Smithfield Middle Athletic Department - 2,0009798 -53 Clayton High Band Boosters - 2,000BUDGET AMENDMENTExpenditure Increase Special Appropriations10 58556220 Recreation Grants 6,00000Expenditure Decrease10 58555710 Contingencies 6,000008 AppointmentsA Board of AdjustmentsUpon a motion by Commissioner James W Cash, seconded by Commissioner Eleanor N Creechand carried by unanimous vote, the Board reappointed Jesse Austin, Jr to the Johnston County Board ofAdjustments for a three year term to expire September, 2000B Alcohol Beverage Control BoardCommissioner Cookie Pope nominated Eugene D Jackson for appointment to the Johnston CountyABC Board Commissioner Thomas M Moore seconded the nominationCommissioner Eleanor N Creech recommended the Board waive the length of term policy andnominated Lloyd Gilbert for appointment to the ABC Board Commissioner James W Cash seconded thenominationThere being no further nominations, the Chairman called for a vote of support of the two nomineesThose voting in favor of Lloyd Gilbert as appointee to the Johnston County ABC Board wereCommissioners Eleanor N Creech, James W Cash, Jerry F Wood, and Norman C DenningThose voting in favor of Eugene D Jackson as appointee to the County ABC Board wereCommissioners Cookie Pope, Thomas M Moore, and James H Langdon, JrUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner James W Cash,and carried by unanimous vote, the Board waived the length ofterm policy and reappointed Lloyd Gilbertto the Johnston County Alcohol Beverage Control Board for a three year term to expire September, 2000C Mocassin Creek Service District Board - 2 positions - No applications623D Hopewell Pisgah Water District Advisory BoardUpon a motion by Commissioner Cookie Pope, seconded by Commissioner Jerry F Wood andcarried by unanimous vote, the Board reappointed George Pope, Jr, George Langdon, and Seth Allen tothe Hopewell Pisgah Water District Advisory Board for two year terms to expire September, 1999E Johnston County Tourism AuthorityCommissioner Jerry F Wood nominated Douglas Van Oglesby for appointment to fill an unexpiredterm on the Johnston County Tourism AuthorityCommissioner Cookie Pope nominated Robert E Dixon for appointmentThere being no further nominations, the Chairman called for a vote of support for the two nomineesVoting in favor of Robert E Dixon for appointment to the Tourism Authority was CommissionerCookie PopeVoting in favor of Douglas Van Oglesby for appointment to the Tourism Authority wasCommissioners Norman C Denning, James W Cash, Jerry F Wood, Eleanor N Creech, Thomas MMoore, and James H Langdon, JrUpon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner Jerry F Woodand carried by unanimous vote, the Board appointed Douglas Van Oglesby to fill the unexpired term ofEarl Creech on the Johnston County Tourism Authority The term will expire October, 1999F Industrial Development BoardUpon a motion by Commissioner James W Cash, seconded by Commissioner Jerry F Wood andcarried by unanimous vote, the Board appointed Ernest S Ward to fill the unexpired term of Earl Creechon the Industrial Development Board The term will expire December, 1997G Nursing Home Domiciliary Home Advisory BoardUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner Thomas M Mooreand carried by unanimous vote, the Board appointed Annie S Sims to the Johnston County NursingHome Domiciliary Home Advisory Board for a three year term to expire September, 2000H Local Emergency Planning Committee SARAUpon a motion by Commissioner Thomas M Moore, seconded by Commissioner Cookie Pope andcarried by unanimous vote, the Board appointed Don Tolley to the Local Emergency Planning Committeefor a two year term to expire September, 1999I Princeton Board of AdjustmentsAs recommended by the Princeton Town Council, Commissioner Jerry F Wood moved the Boardappoint Neil Epps to the Princeton Board of Adjustments as an alternate ETJ member for a three yearterm Commissioner Thomas M Moore seconded the motion, which carried by unanimous voteJ Kenly Board of AdjustmentsUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board appointed Curtis Overman as ETJ member to the Kenly Board ofAdjustments for a three year term, as recommended by the Kenly Town CouncilCommissioner Thomas M Moore commented on the Countys Policy and Procedure for Boardappointments, adopted January 4, 1983, especially in relation to the rule concerning length of terms Thepolicy states that the three -term or 10 -year length of service policy may be waived if in the opinion of theBoard, it would be detrimental to the functioning of that board or committee to remove a particularmember or members He questioned whether this policy is being adhered to as it should be, andsuggested the policy might need to be reviewedFollowing discussion, Chairman Denning asked Commissioners James H Langdon, Jr and EleanorN Creech to review the policy and see if any changes need to be made9 County Property - Request to PurchaseCounty Manager, Richard Self, informed the Board that Jacobs Realty of Raleigh, have asked topurchase a small county -owned parcel of land located off Hinton Street in Clayton where they aredeveloping a subdivision The parcel, which is approximately 25x 196, would allow three additionalbuilding lots in the development As the County has no apparent use for the property, he recommendedthe Board offer the tract for sale by sealed bids, subject to upset, and set the minimum price at current taxvalueUpon a motion by Commissioner James W Cash, seconded by Commissioner Eleanor N Creechand carried by unanimous vote, the Board authorized the sale by sealed bids, subject to upset, the 25x196 parcel of land owned by the County located off Hinton Street in Clayton, NC10 Closed Session - Potential LawsuitIt was announced that the originally scheduled closed session to discuss industry in the area waspostponed until Monday, September 8, 1997 at 600 pmUpon a motion by Commissioner James W Cash, seconded by Commissioner Eleanor N Creechand carried by unanimous vote, the Board recessed regular session to meet in closed session to discusswith the Countys attorney matters concerning a potential lawsuitUpon a motion by Commissioner Cookie Pope, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board adjourned closed session and resumed regular session11 Citizen CommentOthal Minshew appeared before the Board and asked if all the Commissioners agreed with the letterthat Chairman Denning sent him recently concerning the countys meter vault located near his cemeteryCommissioner Cookie Pope stated she had expressed some concerns, but at the suggestion of theChairman had talked with Mr Minshew and was satisfied The letter, which he referenced, indicated theCounty would not relocate the meter vault, however it again offered to landscape around the area to MrMinshews satisfactionMr Minshew stated, in his opinion, the meter vault was put there without his consent and wouldhave to come out of the ground He made reference to pulling it up and asked how the County wouldhandle it when it was suspended in the air He also stated the County was not to disturb any shrubberyhe placed at the site Mr Minshew left the meeting stating this was not the end of the matter, and promisedhe would be backHaywood Phthisic, Director of Public Utilities, stated that Mr Minshew has been digging aroundthe area and has now exposed the top of the underground vaultThe Board discussed the matter briefly with Attorney Howard Manning who was present Theyexplained that on April 28, 1995 the County obtained an easement from Mr Minshew, which states inpart said Grantors do hereby grant, bargain, sell and convey unto said Grantees a perpetualright and easement to obtain, to install and maintain an underground water line and allnecessary improvements to maintain said lines, all to be located as is most practical andconvenient to said grantees and to repair, change or modify said waterworks as need be fromtime to time in the sole discretion of the Grantees together with the right of ingress and egressover the adjacent lands of the Grantor, his successors and assigns, for the purposes of thiseasement625Although at the time Mr Minshew signed the easement, the County planned to bury water lines, itwas later determined as a site for an underground meter vault When Mr Minshew complained about themeter vault several months after it was buried in the ground and the water system already in operation,the County, in an effort to avoid hard feelings, offered first to landscape the location so that the short airvents the only portion above ground would be hidden from public view, and when Mr Minshew declinedthis offer, the County discussed the possibility of purchasing the property They asked Mr Minshew whathe would consider a fair price for the 756 sq ft parcel The only figure Mr Minshew has given the Countywas 1 million As this was obviously not an option, the County has repeated the offer on numerousoccasions to landscape and maintain the areaThere being no further business at this time, Commissioner Cookie Pope moved the Board adjournCommissioner James H Langdon, Jr seconded the motion, which carried by unanimous voteNorman C Denning, ChairmanJoyce K Ennis, ClerkDetailsAnnotationsEntry PropertiesModified11192013 33743 PMCreated3272003 111054 AMTemplateMinutesFieldsMinutes - TypeRegularMinutes - Date921997Book20