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

March 3, 1997The Johnston County Board of Commissioners met in regular session Monday, March 3, 1997, at10 oclock 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 Norman C Denning asked if there were any corrections to the minutes of the February3, 17, 24, 1997 board meetings There being no corrections, the Chairman declared the minutes approvedas presented2 Annual Report from Tax CollectorThe Board reviewed a report from the County Tax Collector indicating a total of 2,098,32105 inunpaid real property taxes for 1996Following review, Commissioner Jerry F Wood moved the Board accept the report and authorizethe County Tax Collector to advertise these liens Commissioner Cookie Pope seconded the motion, whichcarried by unanimous vote3 Exchange of Easement - Moccasin Creek Service DistrictThe County Manager explained that Mrs Wilma Oliver -Baker has agreed to grant an additional 10,easement for the Moccasin Creek Service District to allow access for the necessary equipment to cleanthe creek In exchange, the County needs to release to her a portion of the easement 25 x 150, whichher family previously granted the districtUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner James H Langdon,Jr, and carried by unanimous vote, the Board approved the exchange of easements for Moccasin CreekLateral IOA with Mrs Wilma Oliver -Baker as stated above, and authorized the Chairman to sign thenecessary document4 Budget Amendments 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 budget amendmentsA Health DepartmentExpenditure Increase - Immunization Incentive Award Money10 59450300 Child Health - Part-time salaries 3,27415Revenue Increase10 594534112 DEHNRImmunization Section 3,27415Expenditure Increase - Environmental - Food and Lodging Inspections10 59107400 Capital Outlay 2,86145Revenue Increase10 591034108 Division of Environmental Health 2,86145B Fire Tax Districts - Additional revenue above original projected amountExpenditure Increase50 66006010 Archer Lodge Fire District20,0000050 66006011 Banner Fire District15,0000050 66006012 Beulah Fire District15,0000050 66006017 Clayton Fire District125,00000MID50 66006018Corinth Holder Fire District20,0000050 66006024McLemore Fire District30,0000050 66006028Pine Level Fire District15,0000050 66006034West Johnston Fire District20,00000TOTAL260,00000Revenue Increase50660031201Archer Lodge Fire District20,0000050 660031202Banner Fire District15,0000050 660031203Beulah Fire District15,0000050 660031208Clayton Fire District125,0000050 660031209Corinth Holder Fire District20,0000050 660031215McLemore Fire District30,0000050 660031219Pine Level Fire District15,0000050 660031225West Johnston Fire District20,00000TOTAL260,00000C Moccasin Creek - Funds from NC DEHNRExpenditure Increase57 66751611 Maintenance 17,38700Revenue Increase57 667533099 Miscellaneous Revenue 17,38700D Soil Conservation - State and County match for stream debris removal disposalExpenditure Increase10 58504532 Stream Debris Removal Disposal 12,37125Revenue Increase10 585034152 25 Local Match ofNCRCS 12,37125E Job Training - Title 3 Disaster Relief FundsExpenditure IncreaseIIC Participant Transportation 2,00000IIC Participant Child Care 2,00000Revenue IncreaseIIC Participant Transportation 2,00000IIC Participant Transportation 2,000005 Water Districts - Policy on Refund of Early Sign -Up Fees for Persons on Private UtilitiesThe County Manager explained that some citizens served by a private utility company participatedin the early sign -up for water taps in the Cleveland, Clayton and Wilsons Mills Water Districts, and arenow asking for refund of the 75 fee These people, who live in subdivisions primarily served by Heateror Carolina Utility, will most likely not have access to district water since the County does not installparallel lines in these situations He recommended the Board adopt a uniform policy for water districtsin the County as followsUniform Policy for Refund, Prior to Activation of Water System, of Early Tap -OnFees for Persons in Subdivisions on Private UtilitiesJohnston County will refund, upon request, the early reduced tap -on fee to those persons insubdivisions served by private utility companies, once it is determined that parallel districtlines will not be extended into those subdivisions Persons receiving refund will be madeaware that should they individually wish to connect to county or water district lines in thefuture, they would be required to pay the standard fees, whatever are prevalent at that timeA property owner may choose to leave this fee with the district in case county or districtwater becomes available, at which time the fee would be honoredFollowing discussion, Commissioner Thomas M Moore moved the Board adopt the policy forrefunds of early sign -up fees in water districts, as set forth above Commissioner Cookie Pope secondedthe motion, which carried by unanimous vote4706 Appointments ApprovedA Brogden Fire District CommissionChairman Norman C Denning stated the Brogden Fire Chief informed him the current membersof the commission have been doing an excellent job, and asked they be considered for reappointmentPolicy on Length of Term WaivedUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner James W Cash, andcarried by unanimous vote, the Board waived the policy on length of term for Mel Thompson andClarence NorrisAt the recommendation of the Brogden Fire Chief, Commissioner Jerry F Wood moved the Boardreappoint Mel Thompson, Clarence Norris, and Linwood Wallace to the Brogden Fire DistrictCommission for two year terms to expire March, 1999 Commissioner James W Cash seconded themotion, which carried by unanimous voteCommissioner Cookie Pope asked that the record reflect that she supported the appointment ofJoseph Ranucci, however voted with the rest of the Board members to make the appointments unanimousB Johnston County Industrial Development CommissionUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner James HLangdon, Jr and carried by unanimous vote, the Board reappointed Jeffrey H Batten to the IndustrialDevelopment Commission for a two year term to expire March, 1999C Neuse River Development Authority -The Board postponed appointment until April meetingD Local Emergency Planning Committee SARAUpon a motion by Commissioner Thomas M Moore, seconded by Commissioner James HLangdon, Jr, and carried by unanimous vote, the Board made the following appointments to the LocalEmergency Planning Committee SARA for two year terms to expire March, 1999 Deborah Barbour,Ann Creech, Representative Billy Creech, David Creech, Eric Spaulding, CP Thompson, KyleMcDermott, Ken Smith, Jeff Parrish, and Dewayne WestE Nursing Home Domiciliary Home Advisory Board - No applications receivedF Board of AdjustmentsUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Eleanor N Creechand carried by unanimous vote, the Board appointed Charles K Hinnant as alternate member of theJohnston County Board of Adjustments for a three year term to expire March, 2000G Area Mental Health BoardThe Board accepted the resignation from Dr Thomas M Daniel from the Area Mental HealthBoard and asked that Dr Daniel be written a letter of appreciation for his many years of service in thiscapacity7 Public Hearing - Rezoning CasesAdvertised February 18, 25, 1997 - The Smithfield HeraldCertified letters were mailed to adjoiningproperty owners on February 20, 1997 and noticeswere posted at the locations on February 20, 1997The Chairman opened the public hearing and invited anyone who wished to speak on the followingrezoning cases Those persons wishing to give testimony on Case 205 were sworn in by the ClerkCase 205 Petition to rezone approximately 7 acres on Reedy Creek Road SR 1332 in ElevationTownship from ARR -40 to General Business Special Use District Owners James JFenske, Jane W Fenske, and James P Fenske471Planning Director, Cal Genereux, pointed out the property on a map and indicated the surroundingzoning He stated the case originated when Mr Fenske was charged with a zoning violation for parkingjunk cars on the property Mr Fenske maintained the cars are collectibles and applied for rezoning Theowner purchased the property 60 days before countywide zoning went into effect in 1991, and even thoughthere could be a question of the existing use being grandfathered as non - conforming, Mr Fenske hassubstantially increased the number of vehicles since 1991, and the Zoning Ordinance does not allowexpansion of non - conforming uses without rezoning The Planning Board recommended denial of therezoningJames Fenske, owner of the property, stated he would use only a small portion at the back of theseven acre tract to park the 24 to 30 cars and would screen them from the neighbors view He noted anymajor work on the cars would be done at an off -site shop He showed a video of the neighborhood andpointed out several old cars parked on other property in the areaBarney Parrish who owns a subdivision next to the property, opposed the rezoning stating he hasbuilt a new home for sale on one of his lots, and Mr Fenskes parked cars are in full view His wife, LindaParrish, pointed out Mr Fenske purchased his property in 1991 for the purpose of a single - familyresidence, not for commercial useDean Barbour, adjacent property owner, opposed the rezoning He noted the pictures shown donot give a complete representation of the neighborhood James Wall agreed He stated there has been agradual increase in the value of homes in the area and a general move to upgrade the neighborhood Inhis opinion, approval of this rezoning would counteract these effortsTerry Finney who lives in Mr Parrishs subdivision, voiced opposition and questioned whether MrFenskes cars can be considered collectibles He noted the cars are rusty and have been parked out in theopen with no apparent effort to protect them as collectible vehicles He agreed that there are otherproperties in the area that need improvement, but some of the problems are downed trees and debris fromHurricane Fran that have not been removed The neighbors are trying hard to clean up the areaAlso opposing the rezoning were Gary Gimbert, Jimmy Edwards, and Faith MimsMelanie Outlaw, adjacent property owner, supported Mr Fenskes request noting that he hasagreed to work with the people in the neighborhoodCommissioner Eleanor N Creech commented on the difficulty in these situations in determiningwhether the vehicles are junked cars to be used for parts, or whether they are collectible cars waiting tobe restored She noted that in her opinion, when cars are going to be restored as collectibles, they shouldbe parked in a paved area with some enclosure for protectionCase 209 Petitionto rezone approximately 4649 acres on Castleberry Road SR 1705 in WildersTownship from ARR -40 to Planned Unit Development Owners TD Poole, IncMr Genereux showed a map of the area and noted the Neuse River borders one side of theproperty The tract is located in the watershed protection district, and if rezoned, only two units per acrewould be allowed Mr Poole has developed several lots adjacent to the property along Castleberry RoadThe Planning Board recommended approvalCase 211 Petition to rezone approximately 585 acres on Polenta Road SR 1330 in ClevelandTownship from ARR -40 to R -30 Owners Rupert and Callie WatkinsMr Genereux pointed out the property on a map and noted the surrounding zoning is ARR -40 andR -30 The tract is in the Cleveland Water District, but because district water will not be available forsome time, the owner is proposing a community water system The Planning Board recommendedapprovalLinwood Jones, surveyor, stated the water system will be designed to County standards and couldbe connected to public water in the future, however for now, the owner plans to go with a private utilitycompanyCase 212 Petition to rezone approximately 1232 acres on Covered Bridge Road SR 1700 inClayton Township from ARR -40 to R -30 Owner Gattis Lee472Mr Genereux showed a map of the property and noted the surrounding zoning is ARR -40 Thetract is north of Clayton and will be served by a community water system Mr Lee has already had aportion of his land approved for an R -40 subdivision He is asking that the remaining portion be rezonedR -30 in order to maximize the number of lots The Planning Board recommended approvalGattis Lee noted that the entire property will not be divided into R -30 size lots, and stated he wouldbe fortunate if he can get 100 lots from the areaThomas Malpass voiced concerns about the additional traffic on Covered Bridge Road and theeffect a community water system might have on private wells in the areaCase 214 Petition to rezone approximately 2175 acres on Massengill Pond Road SR 1313 inPleasant Grove Township from ARR -40 to R -30 Owners Charles and Roy GregoryMr Genereux pointed out the property on a map and explained the surrounding zoning is ARR -40and R -30 He noted that water is available through an existing water line extended from Harnett CountyThe only question would be if the water line can provide enough pressure to meet fire flow requirementsIn discussion it was pointed out that the owners will have to run parallel lines if the water pressuredoes not meet requirements Also discussed was the need for fire hydrants where possibleThere being no further comments, the Chairman closed the public hearing8 Decisions on Rezoning CasesCase 205 Petition to rezone approximately 7 acres on Reedy Creek Road SR 13 32 in ElevationTownship from ARR -40 to General Business Special Use District Owners James JFenske, Jane W Fenske, and James P FenskeUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner James H Langdon,Jr and carried by unanimous vote, the Board denied rezoning case 205 for James J Fenske, Jane WFenske, James P Fenske of 7 acres, Reedy Creek Road in Elevation Township with zoning to remainARR -40Case 209 Petition to rezone approximately 4649 acres on Castleberry Road SR 1705 in WildersTownship from ARR -40 to Planned Unit Development Owners TD Poole, IncUpon a motion by Commissioner James W Cash, seconded by Commissioner James H Langdon,Jr and carried by unanimous vote, the Board approved rezoning case 209 for TD Poole, Inc, of 4649acres on Castleberry Road in Wilders Township from ARR -40 to Planned Unit DevelopmentCase 211 Petition to rezone approximately 585 acres on Polenta Road SR 1330 in ClevelandTownship from ARR -40 to R -30 Owners Rupert and Callie WatkinsUpon a motion by Commissioner Cookie Pope, seconded by Commissioner James H Langdon, Jrand carried by unanimous vote, the Board approved rezoning case 211 for Rupert and Callie Watkins of585 acres on Polenta Road in Cleveland Township from ARR -40 to R -30Case 212 Petition to rezone approximately 1232 acres on Covered Bridge Road SR 1700 inClayton Township from ARR -40 to R -30 Owner Gattis LeeUpon a motion by Commissioner Cookie Pope, seconded by Commissioner James W Cash andcarried by unanimous vote, the Board approved rezoning case 212 for Gattis Lee of 1232 acres onCovered Bridge Road in Clayton Township from ARR -40 to R -30Case 214 Petition to rezone approximately 2175 acres on Massengill Pond Road SR 1313 inPleasant Grove Township from ARR -40 to R -30 Owners Charles and Roy GregoryUpon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner Jerry FWood and carried by unanimous vote, the Board approved rezoning case 214 for Charles and RoyGregory of 2175 acres on Massengill Pond Road in Pleasant Grove Township from ARR -40 to R -30473Note The Special Use Public Hearing on Case 205 was not held since rezoning was denied9 Update on Emergency Management Billing and Request for Rate IncreaseDewayne West explained that Johnston Memorial Hospital no longer provides supplies to therescue squads on an exchange basis, and this has caused an additional financial burden The squads areasking for an increase of 75 in base rates, and an additional 75 when paramedic care is called in forassistanceDale Johnson, Vice President of the Rescue Association, stressed this would be only a short termsolution, as a committee is currently looking at the long -range future of rescue in the County and willpresent their findings to the Board in the near futureChairman Norman C Denning commented on the problems facing rescue operations and asked howthis increase might affect collection ratesMr West noted that currently the squads have an above average collection rate, even with thenumber of write -offs for memberships; however rescue operations are extremely expensive and the onlyway they have survived is because of the volunteersFollowing discussion, and upon motion by Commissioner Jerry F Wood, seconded byCommissioner James W Cash and carried by unanimous vote, the Board adopted the new fee scheduleeffective April 1, 1997, as followsBasic Level Service - Increase in rate from 150 to 225Advanced Level Service - Increase in rate from 225 to 300Extra Attendant Paramedic - 75 when assisting a BLS unit10 Public Hearing 1100 am - Appointments to Local Planning BoardsAdvertised The Smithfield Herald - 22197Clayton News Star - 22597Four Oaks Benson News Review - 22695The Chairman opened the public hearing and invited anyone who wished to comment onapplications for extraterritorial jurisdiction appointment to the Four Oaks Planning Board one position,one year term and the Clayton Planning Board three positions, three year termsCounty Manager, Richard Self, stated that one application has been received from Charles DPender for appointment to the Four Oaks Planning Board Three applications have been received forappointment to the Clayton Planning Board Franklin R Price, David W Pittman, and Robert WBarbourThere being no further comments, the Chairman closed the public hearing11 Appointments to Local Planning BoardsFour Oaks Planning BoardUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Eleanor N Creechand carried by unanimous vote, the Board appointed Charles D Pender, 289 Parker Road as an ETJmember of the Four Oaks Planning Board for a one year term to expire March, 1998Clayton Planning BoardUpon a motion by Commissioner James W Cash, seconded by Commissioner James H Langdon,Jr and carried by unanimous vote, the Board made the following ETJ appointments to the ClaytonPlanning Board for three year terms to expire March, 2000 Franklin R Price, 107 Stone Lane; DavidW Pittman, 2853 Horsemans Ridge Drive; and Robert W Barber, 12182 Hwy 70 West12 Board of Education Request for Balance of Funding for Reduced Pupil Teacher RatioCounty Manager, Richard Self, reminded the Board that when they appropriated 200,000 onSeptember 3, 1996, for reducing pupil teacher ratio in grades K -2, the Commissioners agreed to consideradditional funding for this project if needed and available after the fourth school month He stated that Dr474James Causby, Superintendent of Schools, has notified the County that the total cost of the project is411,01467, leaving 211,01467 not funded Dr Causby has found 61,014 in his budget and the Boardof Education is requesting the County appropriate the additional 150,000 He pointed out that if theCounty allocates this money, it will deplete the unappropriated surplus fund above the required 8 Following discussion, Commissioner Cookie Pope moved the Board appropriate 150,000 fromunappropriated surplus to School current expense for reduction of teacher pupil ratio in grades K -2, andapprove the following budget amendment Commissioner Thomas M Moore seconded the motion, whichcarried by unanimous voteExpenditure Increase10 63009000 School Current Expense 150,00000Revenue Increase10 630033990 Fund Balance Appropriated 150,0000013 Board of Education - Request to Use Local Bond Money for TechnologyDr James Causby spoke to the Board concerning the need to provide updated technology in theCountys schools He explained that State bond money can not be used for this purpose, however, the samestipulation does not apply to local bond money He asked the Board to approve the use of 3 million in localbond funds for technology in the schools, money that was originally designated for the Cleveland MiddleSchool project, with the understanding the project money would be replaced with State bond funds Henoted this would in no way delay the Cleveland school projectFollowing discussion, Commissioner Thomas M Moore moved the Board approve the use by theJohnston County Board of Education of 3 million in local bond funds, originally slated for the ClevelandMiddle School project, for new and updated technology in the Countys schools, with the stipulation the3 million would be replaced by State bond money Commissioner Jerry F Wood seconded the motion,which carried by unanimous vote14 Audit Contract Canceled and New Contract AwardedCounty Manager, Richard Self, and Finance Officer, John Massey, updated the Board on the statusof the Countys 1996 audit report, which was due from Neighbors and Associates on October 31, 1996Mr Massey explained that although the auditor has repeatedly promised to deliver the report, as of thisdate, the County has not received it Both he and Mr Self, as well as officials at the Local GovernmentCommission have talked with Mr Neighbors about the importance of getting this report in and the negativeaffect it could have on the Countys bond rating This is especially important because the County will beselling bonds this summer Mr Neighbors has been notified that the County has advertised for a newcontract and has agreed to a mutual termination of his existing contractThe County opened the following bids on February 24, 1997 at 200 pm for a new audit contractDaniel G Matthews, CPA, Smithfield NC1997 58,343; 1998 60,092; 1999 61,895Eilers, Jones, Brown McLeod, Raleigh, NC1997 35,750; 1998 37,500; 1999 39,250Following review of the bids, Commissioner James W Cash moved the Board cancel the Countyscontract with Neighbors and Associates and award a three year contract to low bidder, Eilers, Jones, Brownand McLeod of Raleigh as quoted above Commissioner James H Langdon, Jr seconded the motion, whichcarried by unanimous vote15 North Carolina Department of Transportation - New Johnston County Maintenance EngineerThe Board recognized Bryant Bunn, NC Department of Transportation Maintenance Engineer forJohnston County Mr Bunn stated he was looking forward to working in the County He also noted a newpaving priority schedule will be presented within the next few months47516 Ground Breaking Scheduled for Hospital Health Department ProjectThe County Manager informed the Board the bids will be opened on the HospitalHealth Departmentproject on March 13, 1997 He is recommending the Board meet to award bids on March 27th at 800 am,and ground breaking is tentatively scheduled for March 31 st17 Drug Prosecutor for Johnston CountyDistrict Attorney, Tom Lock, informed the Board he has applied for a grant through the GovernorsCrime Commission to fund a special drug prosecutors position The person would work primarily with theInteragency Drug Task Force and prosecute drug cases for Johnston County only, with emphasis onorganized drug conspirators, major traffickers and repeat offenders The grant would pay 75 of the totalcost approximately 52,000 for two years and would require a 25 local match He requested the Countyprovide one -half of the 25 local funds in the amount of 8,800, beginning with the 1997 -98 FY budget,and stated he plans to ask the four towns with officers on the Drug Task Force to provide the remainingportion 2,200 each He noted that after two years he hopes he will be able to absorb the position in hisoffice, however, if this is not possible, the position will be eliminatedSheriff Freddy Narron stated he has worked with Mr Lock on this position and feels it will be verybeneficial for Johnston CountyFollowing discussion, Commissioner Jerry F Wood moved the Board agree to fund one -half of the25 local match funds for two years, beginning with the 9798 FY budget, for a special drug prosecutorin the District Attorneys office to serve Johnston County only Commissioner Eleanor N Creech secondedthe motion, which carried by unanimous vote18 Poyner Spruill, Attorneys Representing Bob Hollister - Water Sewer FeesDavid Barnes, Attorney with Poyner Spruill and representing Bob Hollister and Peddlers Village,Inc, presented his clients opinion of the Countys water and sewer fees He specifically objected to theassessment fees for water connection and the acreage fee charged for sewer connection Concerningassessment fees, he maintained a portion of his property for which the County is charging the commercialassessment fee rate, is really warehouse space and should be considerably less He suggested the Countylook at their fee schedules again and consider making adjustments19 Committee Appointed to Meet with Town of Smithfield Concerning Water RatesChairman Norman C Denning asked Commissioners Cookie Pope, Thomas M Moore and JamesH Langdon, Jr to meet with three Smithfield council members to discuss water rates He noted that CountyManager, Richard Self, and Town Manager, Ron Owens, are being asked to attend the meeting to answerany questions that might ariseThere being no further comments, Commissioner James W Cash moved the Board recess untilMarch 27, 1997, for the purpose of awarding bids on two projects Commissioner Jerry F Wood secondedthe motion, which carried by unanimous voteNorman C Denning, ChairmanJoyce K Ennis, ClerkDetailsAnnotationsEntry PropertiesModified11192013 22534 PMCreated422003 75441 AMTemplateMinutesFieldsMinutes - TypeRegularMinutes - Date331997Book20