July 7, 1997 - 10:00 AM - County Board of Commissioners Meeting Minutes

July 7, 1997The Johnston County Board of Commissioners met in regular session Monday, July 7,1997, at 1000oclock am in the Commissioners 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 if there were any corrections to the minutes of the June 2, 5, 7, 9, 16, 23,24, 25 Special Session, 1997 board meetings There being no corrections, the Chairman declared theminutes approved as presented2 Public Hearing - McGees Crossroads Water District - Bond Order and Call for ReferendumAdvertised June 6, 1997 - The Smithfield HeraldThe Chairman opened the public hearing and invited anyone who wished to address the Board onthe Bond Order and the Issuance of Bonds for the McGees Crossroads Water DistrictThere being no comments, the Chairman closed the public hearingAfter consideration of a public hearing held pursuant to NC General Statutes § 159 -57 on July 7,1997, Commissioner Jerry F Wood moved the passage of the Bond Order entitled BOND ORDERAUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE MCGEESCROSSROADS WATER DISTRICT IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNTOF 6,700,000 FOR THE PURPOSE OF FINANCING, IN PART, THE ACQUISITION,CONSTRUCTION AND EQUIPPING OF A WATER SYSTEM IN THE DISTRICT in the formintroduced on June 2, 1997, and Commissioner Thomas M Moore seconded the motion and the BondOrder was passed and adopted by the following voteAyes Commissioners Norman C Denning, James W Cash, Jerry F Wood, Eleanor N Creech,Cookie Pope, Thomas M Moore, and James H Langdon, JrNays NoneNot Voting NonereadCommissioner Jerry F Wood then introduced a resolution, the title of which is as follows and wasRESOLUTION CALLING FOR REFERENDUM ON 6,700,000 GENERALOBLIGATION BONDS, PROVIDING FOR NOTICE OF SUCHREFERENDUM, FORM OF BALLOT AND PUBLICATION OF BONDORDER AS ADOPTEDWHEREAS, the Board of Commissioners of Johnston County, acting as the governing body of theMcGees Crossroads Water District, has adopted a Bond Order entitled BOND ORDERAUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE MCGEESCROSSROADS WATER DISTRICT IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNTOF 6,700,000 FOR THE PURPOSE OF FINANCING, IN PART, THE ACQUISITION,CONSTRUCTION AND EQUIPPING OF A WATER SYSTEM IN THE DISTRICT; andWHEREAS, G S § 15 9-5 8 provides for publication of the Bond Order as adopted and NCGS§ 159 -61 requires this Board to fix the date of the referendum on the Bond Order, notify the Board ofElections thereof and provide for notice of the referendum to be published;NOW, THEREFORE, the Board of Commissioners of Johnston County, acting as the governingbody of the McGees Crossroads Water District, meeting in special session on July 7, 1997, do thefollowingBE IT RESOLVED BY THE BOARD OF COMMISSIONERS FOR JOHNSTON COUNTY,ACTING AS THE GOVERNING BODY OF THE MCGEES CROSSROADS WATER DISTRICTi The Clerk to the Board shall cause the Bond Order, with a statement appendedin the form described by NCG S § 159 -58, to be published in The Smithfield Heraldii This Board hereby calls for a referendum with respect to the Bond Order andfixes the date thereof as September 9, 1997iii The form of the question on the ballots shall be as followsShall the order authorizing 6,700,000 in maximum aggregate principal amountof general obligation bonds of the McGees Crossroads Water District forfinancing, in part, the acquisition, construction and equipping of a water systemin the District be approved[ ] YESf 1 NOiv The Clerk to the Board shall mail or deliver a copy of this resolution to theJohnston County Board of Elections prior to July 11, 1997V The Clerk to the Board shall provide for publication of notice of the referendumas required by NCGS § 159 -61c in The Smithfield Heraldvi The Board hereby declares that regular meetings ofthe Board of Commissionersof the District shall take place at the same time and on the same dates as the regularlyscheduled meetings of the Board of Commissioners of Johnston Countyvii This resolution shall take effect immediatelyCommissioner Jerry F Wood moved the passage of such resolution and Commissioner Thomas MMoore seconded the motion, and the resolution was passed by the following voteAyes Norman C Denning, James W Cash, Jerry F Wood, Eleanor N Creech, Cookie Pope,Thomas M Moore, and James H Langdon, JrNays NoneNot Voting None3 Department of Transportation - Addition to SystemThe Board reviewed petitions presented by the North Carolina Department of Transportationrequesting the following roads be added to the State Secondary System for maintenanceBonnie Avenue, Lake Vista Drive, Partridge Lane, and Deer Drive in Brogden WoodsSubdivision, Boon Hill TownshipCanterbury Road, Essex Lane, and Marlowe Court, in Oxford Hills Subdivision, ClaytonTownshipFollowing review, Commissioner Cookie Pope moved the Board concur with the NC Departmentof Transportations request to add the roads listed above to the State Maintained System CommissionerEleanor N Creech seconded the motion, which carried by unanimous vote4 Board of Education - Surplus Property Offered to CountyIn accordance with GS § 115 C -518, the Johnston County Board of Education offered the followingsurplus properties to the CountyOld Glendale Elementary School PropertyBuildings and Property at the Old Clayton Elementary School except for parking lotacross from the school95 acre tract of land at the rear of the Safe Schools Center in SmithfieldThe Board of Education has requested that the County, in accordance with GS § 160A -274, offerthe 95 acre tract in Smithfield to the Town of Smithfield for 10,000 and allocate those funds to theschools Capital Outlay budget They also asked that the Clayton property be transferred to the Town ofClayton587Old Clayton Elementary School PropertyFollowing discussion, Commissioner James W Cash moved the Board, in accordance withGS §115C -516, accept the old Clayton Elementary School property and turn it over to the Town ofClayton for their future use Commissioner Jerry F Wood seconded the motion, which carried byunanimous voteOld Glendale Elementary School PropertyIn accordance with GS § 115C-516, Commissioner Thomas M Moore moved the Board accept theOld Glendale Elementary School Property from the Board of Education Commissioner Eleanor NCreech seconded the motion, which carried by unanimous vote95 Acre Tract Behind Safe Schools Center in SmithfieldIn accordance with GS § 115C -516, Commissioner James H Langdon, Jr moved the Board acceptthe 95 acre tract located at the rear of the Safe Schools Center in Smithfield from the Board ofEducation, and as allowed in GS § 160A -274, offer the property to the Town of Smithfield for 10,000,with the proceeds from the sale allocated to the Board of Educations Capital Outlay budgetCommissioner Cookie Pope seconded the motion, which carried by unanimous vote5 Engineering Agreement ApprovedUpon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner Jerry F Woodand carried by unanimous vote, the Board approved an agreement with McKim and Creed Engineers forthe design, bid award, and construction phase of the McGees Crossroads Schools Water Sewer project,with an addendum providing for modification, without penalty, by the County when a staff engineer canassume some of the duties6 Recreation Grants ApprovedUpon a motion by Commissioner James W Cash, seconded by Commissioner James H Langdon,Jr and carried by unanimous vote, the Board approved the following 17 recreation grantsCorinth Holder PTA - 2,000; Micro Athletic Association - 2,000; Bethany CommunityCenter - 2,000; East Clayton Elementary School - 2,000; East Clayton Beautification Committee -2,000; East Clayton Elementary PTA - 2,000; The Neuse Little Theater - 2,000 ; SmithfieldParks Recreation - 2,000; Town of Smithfield - 2,000; Benson Childrens Home - 2,000;Cleveland Athletic Association - 2,000; Meadow Athletic Association - 2,000; Selma Parks Recreation - 2,000; Archer Lodge Community Center - 2,000; Tobacco Farm Life Museum -2,000 ; Archer Lodge Fire Department - 2,000; and Kenly Kiwanis Club - 2,0007 Health Department Budget Amendment ApprovedUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board approved the following budget amendment for the HealthDepartmentExpenditure Increase - Child Health 1997 -98 Immunization Action Plan Funding10 59450300 Part-time Salaries 9,42312Revenue Increase - Child Health10 594534155 DEHNR Immunization Section 9,423128 Public Hearing - Rezoning CasesAdvertised - The Smithfield Herald - June 24, July 1, 1997Certified letters were mailed to adjoiningproperty owners on June 26, 1997 and notices werehosted at the locations on June 23 1997The Chairman opened the public hearing and invited anyone who wished to speak on the followingrezoning cases Those persons wishing to give testimony on Cases 250, 251, and 253 were sworn in bythe ClerkM H660 F6601Case 249 Petition to rezone approximately 1 acre located on NC 1010 Cleveland Road inSmithfield Township from Agricultural Residential 40 to General Business OwnersHeirs of GR Southerland Applicant Scott ReederCal Genereux, Planning Director, directed the Boards attention to a map of the property and statedthe surrounding zoning is ARR -40 He stated the applicant plans to refurbish an existing structure fora small community business The Planning Board recommended approvalCase 250 Petition to rezone approximately 3 acres located on State road 1572 Rock Pillar Roadin Smithfield Township from Agricultural Residential 40 to Resort- Residential SpecialUse District Owners Phillip and Jean TrippMr Genereux pointed out the property on a map and stated the surrounding zoning is ARR -40 andI -1 The 3 acre parcel is located west of the Tripps home The Planning Board recommended approvalas a special use districtCounty Manager, Richard Self, explained this hearing is to consider rezoning only, and if approved,the special use hearing will take place later in the meeting At this time, he asked those speaking to limittheir comments to the issue of rezoning the property to resort- residential special use district and notdiscuss the use of the propertyJean Tripp, owner, stated she and her husband have petitioned for only three acres of their propertyto be rezoned for a special use She noted there is an existing small industry in the area, and both waterand sewer are availableEllen Velarides, Cathy Thompson, Mike Burrow, Max and Linda Creech, Robert Moore, andCharles Pilkington opposed the rezoning and stated they feel the area should remainresidential agricultural JoAnn Standridge , who currently lives in Ohio, explained she flew to NorthCarolina for this meeting for the purpose of opposing the rezoning She and her husband, who lived inJohnston County in the past, plan to purchase property from Ms Thompson and retire to JohnstonCountyCommissioner Cookie Pope stated she was contacted by Jack Williford who asked to go on recordas being opposed to the rezoningWayne Johnson spoke in favor of the rezoning He pointed out the Tripps have stated the propertywould only be used two nights a month for the Special UseAt the request of Commissioner Thomas M Moore, Kyle Richter with the Planning staff read a listof possible uses under the general resort residential zoning designationCase 251 Petition to rezone approximately 229 acres located at the intersections of State road1334 King Mill Road and State road 1333 Hickory Grove Church Road in ElevationTownship from Agricultural Residential 40 to Highway Business Special Use DistrictOwners Johnnie H and Chrystal L RobertsMr Genereux pointed out the property on a map and stated the case originated as a result of azoning violation The applicant has been operating a business from an existing building on the property,which was originally permitted for storage The Planning Board recommended approval as a special usedistrictCase 252 Petition to rezone approximately 217 acres located on NC 210 in Elevation Townshipfrom Highway Business to General Business Owners John, Patsy and John Jackson,JrMr Genereux indicated the property on a map and stated the Reedy Creek Gas and Grocery is anexisting non - conforming business that the applicant wishes to expand The Planning Board recommendedapprovalCase 253 Petition to rezone approximately 1 acre located on NC 231 in Beulah Township fromAgricultural Residential 40 to General Business Special Use District Owners Normanand Mary RichardsonMr Genereux pointed out the tract on a map and stated the surrounding zoning is ARR -40 Thisproperty is located near Mr Richardsons mobile home park The Planning Board recommended approvalas a special use districtCase 255 Petition to rezone approximately 32 acres located at the intersection of State road 1361Byrdtown Road and State road 1356 Woodall Dairy Road in Elevation Townshipfrom Agricultural Residential 40 to Light Industrial Owner John TartMr Genereux showed a map of the property and noted a small portion of the land is located in theI -40 Interstate DistrictMichael de Sherbinin explained that if rezoned, THIS END UP Furniture Company, plans to builda distribution center on the propertyThere being no further comments, the Chairman closed the public hearing9 Rezoning Cases - DecisionsCase 249 Petition to rezone approximately 1 acre located on NC 1010 Cleveland Road inSmithfield Township from Agricultural Residential 40 to General Business OwnersHeirs of GR Southerland Applicant Scott ReederUpon a motion by Commissioner Thomas M Moore, seconded by Commissioner Cookie Pope andcarried by unanimous vote, the Board approved rezoning case 249 for Scott Reeder of 1 acre on ClevelandRoad in Smithfield Township from ARR -40 to General BusinessCase 250 Petition to rezone approximately 3 acres located on State road 1572 Rock Pillar Roadin Smithfield Township from Agricultural Residential 40 to Resort - Residential SpecialUse District Owners Phillip and Jean TrippCommissioner James H Langdon, Jr moved the Board approve rezoning case 250 of 3 acres onRock Pillar Road in Smithfield Township for Phillip and Jean Tripp The motion died for lack of a secondCommissioner Jerry F Wood moved the Board deny rezoning case 250, a request by Phillip andJean Tripp to rezone three acres on Rock Pillar Road SR 1572 in Smithfield Township from ARR -40to Resort- Residential Special Use District Commissioner Thomas M Moore seconded the motionDiscussion and VoteChairman Norman C Denning voiced his frustration with difficult decisions such as this He pointedout that all property was originally agriculture residential, and any request to change the use has to bedecided with equal consideration for everyones point of view He stated, in his opinion, sometimes whata property owner wants to do with his property is neither all right of all wrongCommissioner Eleanor N Creech agreed with the Chairman and noted it is very difficult for her totell someone they can not do what they wish with their property It would sometimes be easier to makeno decision at all, however, the Board set the zoning regulations in place and must abide by themThe motion to deny the rezoning carried by the following voteAye James W Cash, Jerry F Wood, Thomas M Moore, Cookie Pope, Eleanor N CreechNo James H Langdon, Jr, Norman C DenningCase 251 Petition to rezone approximately 229 acres located at the intersections of State road1334 King Mill Road and State road 1333 Hickory Grove Church Road in ElevationTownship from Agricultural Residential 40 to Highway Business Special Use DistrictOwners Johnnie H and Chrystal L Roberts590Upon a motion by Commissioner Cookie Pope, seconded by Commissioner James W Cash andcarried by unanimous vote, the Board approved rezoning case 251 for Johnnie and Chrystal Roberts for229 acres at the intersections of King Mill Road and Hickory Grove Church Road in Elevation Townshipfrom ARR -40 to Highway Business Special Use DistrictCase 252 Petition to rezone approximately 217 acres on NC 210 in Elevation Township fromHighway Business to General Business Owners John, Patsy and John Jackson, JrUpon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner Cookie Popeand carried by unanimous vote, the Board approved rezoning case 252 of 217 acres on NC 210 inElevation Township from Highway Business to General Business for John, Patsy and John Jackson, JrCase 253 Petition to rezone approximately 1 acre located on NC 231 in Beulah Township fromAgricultural Residential 40 to General Business Special Use District Owners Normanand Mary RichardsonUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board approved rezoning case 253 for Norman and Mary Richardson ofone acre on NC 231 in Beulah Township from ARR -40 to General Business Special Use DistrictCase 255 Petition to rezone approximately 32 acres located at the intersection of State road 1361Byrdtown Road and State road 1356 Woodall Dairy Road in Elevation Townshipfrom Agricultural Residential 40 to Light Industrial Owner John TartUpon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner Jerry F Woodand carried by unanimous vote, the Board approved rezoning case 255 for John Tart of 32 acres at theintersection of Byrdtown Road and Woodall Dairy Road in Elevation Township from ARR -40 to LightIndustrial10 Public Hearing Special Use PermitsAdvertised - The Smithfield Herald - June 24, July 1, 1997Certified letters were mailed to adjoiningproperty owners on June 26, 1997 and notices werehosted at the locations on June 23, 1997The Chairman opened the public hearing and invited anyone who wished to speak on the followingrequests for special use permitsCase 251 Special use permit application for automobile repair shop on approximately 229acres located at the intersections of State Road 1334 King Mill Road and Stateroad 1333 Hickory Grove Church Road in Elevation Township OwnersJohnnie and Chrystal RobertsCase 253 Special use permit application for a mini - storage building on approximately 1 acrelocated on NC 231 in Beulah Township Owners Norman and Mary RichardsonChairman Denning addressed the following questions to Planning Director, Cal Genereux concerningcases 251 and 2531 Mr Genereux, were pre - application conferences held by the Planning Department with theapplicants on these cases Response Yes, Sir2 Did the applicants meet the requirements at that time by providing a sketch plan illustrating thelocation, size and major design elements of the development of the sites Response Yes, Sir3 Did your department prepare an analysis of the applications including conformity with zoning,subdivision, soil erosion and sedimentation, and health regulations Response Yes we did4 Did the Planning Board advertise and hold a hearing open to the public Response Yes, Sir5 Was written certification sent to the adjacent property owners in a timely fashion Response Yesit was6 What is the recommendation of the Planning Board Response The Planning Board recommendsapproval of applications for special use permits for cases 251 and 253Chairman Are there any conditions attached Response , Yes, sirCase 251 1 Limit of four vehicles on the property inside or outsideCase 253 1 Properly fences and landscaped591Chairman Mr Genereux, please read to this Board the summary of the evidence supporting thePlanning Boards recommendations Response Mr Genereux read the following evidence of support foundby the Planning Board for the six casesCase 251 1 The use is within the context of the general neighborhood2 There was no opposition at the hearings3 The use will offer a service not otherwise available in the areaCase 253 1 The proposed use will provide a needed service to the neighborhood2 The proposed use will not disrupt the neighborhood3 The landscaping requirements will be met or exceeded7 Did you notify the applicants in writing of the Planning Boards recommendation Response Yes,Sir8 Are the applicants aware that if the Commissioners deny the requests that no application can beaccepted for the same or a similar use affecting the same property for a period of twelve 12months Response Yes, Sir9 Are the applicants aware that the right of appeal to the Board of Adjustment must be exercisedwithin thirty 30 days of this date Response Yes, Sir10 Are the applicants aware that the permits will expire at the end of twelve 12 months if it is notused as permitted within that time period Response Yes, SirThere being no further comments, the Chairman closed the public hearing11 Decisions on Special Use PermitsCase 251 Special use permit application for automobile repair shop on approximately229 acres located at the intersections of State Road 1334 King Mill Road andState road 1333 Hickory Grove Church Road in Elevation TownshipOwners Johnnie and Chrystal RobertsBased on the following findings of fact, Commissioner Cookie Pope moved the Board authorize theCounty Planning Department to issue to Johnnie and Chrystal Roberts a special use permit for anautomobile repair shop on 229 acres at the intersections of King Mill Road and Hickory Grove ChurchRoad in Elevation Township, with the condition that the cars on the property, both inside and outside, belimited to four vehicles1 The use is within the context of the general neighborhood2 There was no opposition at the hearings3 The use will offer a service not otherwise available in the areaCommissioner James H Langdon, Jr seconded the motion, which carried by unanimous voteCase 253 Special use permit application for a mini - storage building on approximately 1acre located on NC 231 in Beulah Township Owners Norman and MaryRichardsonBased on the following findings of fact, Commissioner Thomas M Moore moved the Boardauthorize the County Planning Department to issue a special use permit to Norman and Mary Richardsonfor a mini - storage building on approximately one acre on NC 231 in Beulah Township, with theunderstanding the required fencing and landscaping be done1 The proposed use will provide a needed service to the neighborhood2 The proposed use will not disrupt the neighborhood3 The landscaping requirements will be met or exceededCommissioner James H Langdon, Jr seconded the motion, which carried by unanimous vote12 Water and Sewer to Industry ApprovedUpon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner Eleanor NCreech and carried by unanimous vote, the Board approved the extension of water and sewer to the siteof the proposed This End Up Furniture facility in Elevation Township at a cost of 341,500, subject tothe Town of Bensons written agreement to provide water and sewer service, and contingent upon acontract for the construction of the facility59213 Emergency Management Services - Advisory CommitteeDewayne West, EMS Director, explained the recent Emergency Services Study done for JohnstonCounty suggested the EMS Advisory Committee be given a major role in implementing therecommendations of the study He noted the existing committee was formed for the purpose of reviewingambulance franchise request only, and in his opinion, the committee should be restructured beforeassuming these new responsibilities He recommended the existing committee be dissolved and a newJohnston County Emergency Services Advisory Committee be formed with expanded duties The newcommittee would be advertised and members of the existing committee would be eligible to apply forappointment He further recommended the membership ofthe new committee be made up of the following1 commissioner2 members of a franchised EMS service or Rescue Squad in the County2 members of the JC Fire Service one of which would be a fire chief of a first responderdepartment1 representative of the Emergency Room physicians at Johnston Memorial1 representative of the Continuing Education Division of Johnston Community College2 citizensEx- officio membership would include other County Commissioners, Director of EmergencyManagement, Director of Emergency Services, Director of Communications, Emergency Room SupervisorRN, and Fire Marshall if committee is for all emergency servicesFollowing discussion, Commissioner Jerry F Wood moved the Board dissolve the old EMSAdvisory Committee and establish a new Johnston County Emergency Services Advisory Committee withmembership as proposed above, with the expanded function of helping implement the new EMS Studyrecommendations Commissioner Eleanor N Creech seconded the motion, which carried by unanimousvote14 Johnston County Emergency Plan of Operation - Revisions ApprovedDewayne West presented the updated Emergency Plan of Operation to the Board for their reviewand approval He noted the plan worked well during last years Hurricane Fran disaster and only minimalchanges are being recommended The only additions were to the Standard Operations Procedures, whichwere revised based on actual experience during the disaster operationsCommissioner Eleanor N Creech expressed how proud she was of the Johnston County employeesand emergency personnel for their response during Hurricane Fran, and moved the Board adopt the revisedplan as presented Commissioner James H Langdon, Jr seconded the motion, which carried by unanimousvote15 Grant Money Available for Waterway Debris RemovalDewayne West explained that Johnston County was invited to a meeting in Raleigh last week todiscuss 136 million in federal grant money the State anticipates receiving for the counties that receivedserious damage from Hurricane Fran The funds would be used for the removal of debris in the rivers,streams and other waterways Twenty -seven counties would be eligible, however, because of the damageassessment of Johnston County, we should receive a substantial portion of this money A formalannouncement is expected later in the month16 Citizen CommentsMary Jo Vance Peedin addressed the Board concerning the recent increase in the tax rate She statedshe was opposed to the tax increase, but appreciated the efforts ofthe Board and their conservative natureShe suggested the County should solicit outside help from people with expertise in finance to explore morecreative financing and better ways to budget the Countys moneyMs Peedin voiced complaint about the management of the hospital She noted on two occasionsshe had to wait an unreasonable time before being seen593Chairman Denning thanked Ms Peedin for her comments, and explained the Board was faced witha difficult situation this year with the budget He stressed that none of the Commissioners wanted to addto the burden of the taxpayer, however, there were few options available The demand for additionalservices due to the phenomenal growth in the County, especially in the area of education, far exceeded therevenue available to pay for these services He noted the County needs help from our state legislatorsOnly a local bill approved by the NC General Assembly would allow the citizens to vote for sources ofrevenue other than ad valorem tax17 Resolution to Approve 10 -Year Solid Waste PlanUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner James H Langdon,Jr and carried by unanimous vote, the Board adopted the following resolution approving the 10 -YearComprehensive Solid Waste Management Plan, which was developed by a collaborative effort of theJohnston County Public Utilities staff and all ten municipalities in the CountyRESOLUTION TO APPROVE THE JOHNSTON COUNTY 10 YEAR SOLID WASTE PLANWHEREAS, better planning for solid waste will help protect public health and the environment,provide for an improved solid waste management system, better utilize our natural resources, control thecost of solid waste management; and,WHEREAS, NC General Statute 130A- 30909Ab requires each unit of local government, eitherindividually or in cooperation with other units of local government, to develop a 10 -year comprehensivesolid waste management plan; and,WHEREAS, Johnston County was adequately represented on the Johnston County 10 YearComprehensive Waste Plan Committee and has been actively involved in the planning process; and,WHEREAS, the committee has finished the plan and held a meeting for public comment on theplan on June 19, 1997NOW, THEREFORE, BE IT RESOLVED that the Johnston County Board of Commissionersdoes hereby approve the Johnston County 10 year comprehensive solid waste management plan18 Call for Public Hearing - Proposed Water Conservation OrdinanceUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Thomas M Mooreand carried by unanimous vote, the Board set a public hearing on a proposed water conservation ordinancefor August 4, 1997 at 1100 am19 Water Capital Capacity Charge and Surcharge AdoptedCounty Manager, Richard Self, explained that staff members and Engineer Tim Broome met withrepresentatives from the towns, as well as Heater Utilities, to discuss water capital capacity charges toprovide funds for capital needs outlined in the 20 year water plan All the towns that purchase water fromthe County, except Pine Level, Micro, and Princeton were present, and everyone agreed upon theproposed chargesMr Broome explained that as a result of the meeting, it is recommended the County immediatelyestablish a capacity allocation charge for all new water users, including the water districts at 2 per gpdof capacity In addition, a usage base line for existing users would be established based on their usageduring the period of July 1, 1996 and June 30, 1997, with a allowable variance of plus 10 Effective July1, 1998, and each year thereafter, a 2 per gpd capacity charge would be assessed each bulk user for anyadditional capacity above the baseline plus 10 variance based on previous calendar year Also effectiveJuly 1, 1998, a capital construction surcharge of 20 per 1,000 gallons of usage would take effect for allusers The funds would be placed in a capital reserve fund and be used solely for water capital expensesCommissioner Thomas M Moore questioned if the 2 charge would be placed on private utilitiesthat the County buys He referenced the situation where a developer builds a system and turns it over tothe CountyIn discussion, it was agreed that a system owned by a private utility company would be charged2 per gpd as a one time charge A County -owned well system would be charged the 20 per 1000gallons, which would accumulate the funds over a period of time594Following discussion, Commissioner Thomas M Moore moved the Board adopt the Water CapitalCapacity charge and surcharge as recommended, with the understanding these fees are to be re- evaluatedannually Commissioner Jerry F Wood seconded the motion, which carried by unanimous vote20 Jones Brothers Elevated Tank - DiscussionPublic Utilities Director, Haywood Phthisic, discussed with the Board the need for the County toutilize the Jones Brothers Elevated Water Tank Mr Phthisic explained that due to the heat and thedemand on the water system, the tank is needed to help balance the system in providing water to areasnorth and east of Smithfield Smithfield is currently using the tank to supplement their water pressure inthe northern section of the town, and Mr Phthisic stated a altitude valve can be installed which wouldallow Smithfield to continue using the tank in the case of an emergency He noted that at this time, therehas been no discussion with Smithfield about this matterThe Board instructed Mr Phthisic to meet with the towns staff and officials and report back to theBoard They stressed the need to work out a solution that will provide the best situation of everyone21 AppointmentsA Johnston Community College Board of Trustees - One Position - 4 year termThe following nominations were made for a four year term to the Johnston Community CollegeBoard of TrusteesCommissioner Jerry F Wood nominated Joan JohnsonCommissioner Eleanor N Creech nominated Gene A SullivanCommissioner Cookie Pope nominated Sammy G JacksonThere being no further nominations, the nominations were closed and the nominees were voted onin reverse orderFirst Vote on NomineesSammy G Jackson received one vote from Commissioner Cookie PopeGene A Sullivan received votes from Commissioners Eleanor N Creech, Thomas M Moore andJames H CashJoan Johnson received votes from Commissioners James H Langdon, Jr, Jerry F Wood, andNorman C DenningSecond Vote on NomineesJoan Johnson received votes from James H Langdon, Jr, Jerry F Wood, Norman C Denning,and Cookie PopeGene A Sullivan received votes from Thomas M Moore, Eleanor N Creech, and James W CashUpon a motion by Commissioner James W Cash, seconded by Commissioner Jerry F Wood andcarried by unanimous vote, the Board appointed Joan Johnson from Benson to the Johnston CommunityCollege Board of Trustees for a four year term to expire July 31, 2001B Mental Health BoardUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner Jerry F Woodand carried by unanimous vote, the Board appointed Donna A Merkwan, PhD, RN of Clayton to theJohnston County Area Mental Health Board for a four year term to expire July 31, 2001C Local Emergency Planning Committee SARAUpon a motion by Commissioner Thomas M Moore, seconded by Commissioner Jerry F Woodand carried by unanimous vote, the Board appointed Ricky Barbour of Wilsons Mills to the LocalEmergency Planning Committee SARA for a two year term to expire July 31, 1999595D Nursing Home Domiciliary Home Advisory BoardUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner James HLangdon, Jr and carried by unanimous vote, the Board accepted the resignation of Minnie McBurnett andappointed Beverly L Boyd of Clayton to the Nursing Home Domiciliary Home Advisory Board for a threeyear term to expire July 31, 2000E Selma Board of AdjustmentsAs requested by the Selma Town Council, Commissioner Jerry F Wood moved the Board appointNathaniel Revels as the ETJ member of the Selma Board of Adjustments Commissioner Cookie Popeseconded the motion, which carried by unanimous vote22 Contract Approved for Study on Court SecurityChairman Norman C Denning stated that several of the Commissioners met earlier with SuperiorCourt Judge Knox Jenkins and walked around the Courthouse observing the number of entrance doors intothe building and other possible areas of concern when considering security He stated it was the consensusof the group that the Board approve the funds to hire Risk Management to conduct a security survey forthe CountyFollowing discussion, Commissioner Cookie Pope moved the Board approve a contract with RiskManagement of Raleigh, in an amount not to exceed 10,000, for a security survey of the CountyCourthouse facilities Commissioner James H Langdon, Jr seconded the motion, which carried byunanimous vote23 Sewer Surcharge - ClarificationPublic Utilities Director, Haywood Phthisic, asked for clarification of the 45 countywidecommodity surcharge for wastewater that was approved on June 2, 1997 He noted that currently theClayton customers that are using County transmission lines are not being charged this fee This wouldinclude Bayer, Novo Nordisk, Caterpillar, Glen Laurel and other customers in the industrial park locatedeast of Clayton This fact was pointed out by the Town of Benson when the County asked the town tocharge new industries in their areaFollowing discussion, the Chairman asked Commissioner James W Cash, Public Utilities DirectorHaywood Phthisic, Engineer Tim Broome, and County Manager Richard Self to meet to discuss thismatter and bring a recommendation back to the BoardUpon a motion by Commissioner Cookie Pope, seconded by Commissioner James H Langdon, Jrand carried by unanimous vote, the Board adjourned regular session to meet as the Board of Equalizationand review24 Board of Equalization and ReviewClerk of Superior Court, Will R Crocker, swore in the members of the Board of Equalization andreviewSterling Hancock, Tax Administrator, introduced the following cases for appealA Timothy A Batten - Parcel 411M04012, ONeals Township Recommended Value53,080 Requested Value 37,500 Reason for Appeal Large portion of land is non-unusable pasture landMr Batten stated that 453 acres of the 959 acre tract is wet land and can only be used as pastureA branch runs through the property The family lost the road frontage when Hwy 30 was paved The landis valued at more than 3,000 per acre, which in his opinion, is too highChairman Norman Denning noted the land is almost waste land and can not be farmed He pointedout the acreage was split and is no longer large enough to qualify for farm use value596Sheila Garner, Real Property Supervisor with the Tax Office, stated the land had been plowed whenher office visited the siteMr Batten stated the property in question has not been plowed in his lifetime, and suggested theTax Office might have been looking at the larger section of the tractB Control Group Inc M Curtis West - two parcels1 Parcel 4 05G02011W, Clayton Township Recommended Value 327,510Requested Value 276,510 Reason for Appeal Value too highMr Curtis, representing the Control Group, Inc, stated this property located in Clayton is valuedtoo high at 40,000 per acre He asked the Board to adjust the value to make it comparable with similarproperties He noted another similar property in the area is valued at 35,000 per acreMs Garner pointed out the acreage sold for 505,000 in 19952 Parcel 4 15004013A, Smithfield Township Recommended Value 435,690Requested Value 334,540 Reason for Appeal Value too highMr West, noted this property is located on Bright Leaf Boulevard in Smithfield He requested thevalue be adjusted to be comparable with other mini - storage facilitiesMs Garner stated the property is located across from Deacon Jones automobile dealership, andeven though it is located beside a creek, is valuable land She noted the property sold in 1994 for510,000C Donald G Johnson Lelia J Johnson - Parcel 415JO901ID, Smithfield TownshipRecommended Value 83,190 Requested Value 78,022 Reason for Appeal Cemeteryand mobile homes located next to property - little improvements madeLelia Johnson stated there is a small cemetery and some mobile homes next to the property, whichin her opinion depreciates the value She also pointed out the only improvements she and her husband havemade to the property were enclosing the carport and adding a utility buildingD Sally B Wood - Parcel 407E07020G, Elevation Township Recommended Value13,920 Requested Value 3,000 Reason for Appeal farm land onlyRenee Wood, Sally Woods daughter, stated the lot which is appraised as a building lot currentlyhas hay on it Originally the property belonged to her, but she deeded the land to her motherMs Garner noted the land previously had farm use value; now this lot is listed on a registered platin Ms Sally Woods name For that reason, it is considered a platted lot even though it is currently beingused for farmingE P M Properties - Parcel 4011712199, Benson Township Recommended Value817,560 Requested Value 400,000 Reason for Appeal Valuation too highDale Parker, partner in P M Properties, stated the parcel is the old Block Manufacturing facilityin Benson He noted the high appraisal was made when Block Manufacturing had the property It wasmarketed at over 500,000; however he and his partner purchased the property for 325,000 He askedthe Board to consider a value between the sale price and the original value He pointed out that since thefirst of the year he has added square footage and remodeled the front entrance, but that should not affectthe value this year25 Decisions on Equalization and Review AppealsThe Board indicated that any new values would be approximate, and exact figures would bedetermined by the Tax Office597A Timothy A Batten - Parcel 411M04012, ONeals Township Recommended Value53,080 Requested Value 37,500 Reason for Appeal Large portion of land is non-unusable pasture landThe tax staff explained that when they visited the site on two occasions, all the property they sawwas cultivated land There was no one available to ask where the property lines wereChairman Denning asked Commissioner Eleanor Creech, since she lives in the area, if she wouldvisit the property with Mr Batten and let him show her where the uncultivated property is located, thenreport back to the Board Commissioner Creech agreed to do thisB Control Group Inc M Curtis West - two parcels1 Parcel 4 05G02011W, Clayton Township Recommended Value 327,510Requested Value 276,510 Reason for Appeal Value too highDECISION No Change2 Parcel 4 15004013A, Smithfield Township Recommended Value 435,690Requested Value 334,540 Reason for Appeal Value too highDECISION No ChangeC Donald G Johnson Lelia J Johnson - Parcel 415J0901ID, Smithfield TownshipRecommended Value 83,190 Requested Value 78,022 Reason for Appeal Cemeteryand mobile homes located next to property - little improvements madeDECISION Reduce value to 80,000D Sally B Wood - Parcel 407E07020G, Elevation Township Recommended Value13,920 Requested Value 3,000 Reason for Appeal farm land onlyDECISION No ChangeE P M Properties - Parcel 4011712199, Benson Township Recommended Value817,560 Requested Value 400,000 Reason for Appeal Valuation too highDECISION Reduce to 725,000In response to a request from Jack Austin for another appointment, Chairman Denning requesteda recess of the Board of Equalization and Review until the August regular meeting, and instructed the taxstaff to offer Mr Austin and any others who requested an appeal but did not appear at this meeting, anopportunity to reschedule their appointmentsThere being no further comments, Commissioner Cookie Pope moved the Board of Equalizationand Review recess until 130 pm on August 4, 1997 Commissioner Thomas M Moore seconded themotion, which carried by unanimous voteNorman C Denning, ChairmanJoyce K Ennis, ClerkDetailsAnnotationsEntry PropertiesModified11192013 13429 PMCreated3272003 120839 PMTemplateMinutesFieldsMinutes - TypeRegularMinutes - Date771997Book20