January 2, 1996 - 10:00 AM - County Board of Commissioners Meeting Minutes

Jan nary 2, 1996The Johnston County Board of Commissioners met in regular session Tuesday,January 2, 1996, at 10 oclock am in the Commissioners Room, Johnston CountyCourthouse Annex, Smithfield, North Carolina, with the following membersPresent Norman C Denning, Chairman, Dr John M Booker, Vice Chairman,James W Cash, Jerry F Wood, DDS, Cecil M Massengill, Eleanor NCreech and Cookie PopeAbsent NoneAlso Present Richard B Self, County Manager, Joyce H Ennis, Clerk to the Board, andW R Britt, County AttorneyThe Chairman called the meeting to order and the following business wastransactedMinutesThe Chairman asked if there were any corrections to the minutes of the December1, 1995 board meeting There being no corrections, the Chairman declared the minutesapproved as presented2 Renewal of Cable Franchise for Tele-Media - 2nd VoteThe Board again considered a request for cable TV franchise renewal from Tele-Media Company, doing business in Johnston County as CMA North Carolina Associates,LP It was noted the Board approved the request at first reading on December 1, 1995Second VoteUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner JamesW Cash and carriedby unanimous vote, the Board approved a 15 year cable TV Franchiserenewal to Tele-Media Company, doing business in Johnston County as CMA NorthCarolina Associates, LP3 Recreation Grants ApprovedUpon a motion by Commissioner Eleanor N Creech, seconded by CommissionerCookie Pope and carried by unanimous vote, the Board approved the following recreationgrantsSelma Parks Recreation Department, 2,000; Cl2,000; Clayton Metro Little League, 2,000; SmithfieldMidiMiddle School Booster Club 52000; Smithfield Middle Schi4 Budget AmendmentsMetro Seniorool, 2,000; SiA, 2,000LeUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner JohnM Booker and carried by unanimous vote, the Board approved the following budgetamendmentsA Sheriffs DepartmentExpenditure Increase - purchase office equipment for pistol permit program10 52007400 Capital Outlay 65000Revenue Increase - pistol permit funds10 510035104 Pistol Permits 650 0 0B Health DepartmentExpenditure Increase-DEHNR Expense Reimbursement nurse practitioner program10 59601400 Family Planning Travel 1,50000Revenue Increase10 596034114 DEHNR Maternal Child Health Division 1,500002175 AppointmentsA Youth Task ForceUpon a motion by Commissioner Eleanor N Creech, seconded by CommissionerCecil M Massengill and carried by unanimous vote, the Board reappointed Addle Rawlsand appointed Susan Hicks to the Johnston County Youth Task Force for two year termsto expire January, 1998B Emergency Food Shelter BoardUpon a motionby Commissioner Jerry F Wood, secondedby Commissioner EleanorN Creech and carried by unanimous vote, the Board appointed April Marshall to theJohnston County Emergency Food and Shelter Board for a two year term to expireJanuary, 1998Upon a motion by Commissioner Cookie Pope, seconded by Commissioner EleanorN Creech and carried by unanimous vote, the Board reappointed Lee Colbert to theJohnston County Emergency Food and Shelter Board for a two year term to expireJanuary, 1998C Johnston County Board of HealthUpon a motion by Commissioner Cecil M Massengill, seconded by CommissionerCookie Pope and carried by unanimous vote, the Board appointed W C Adams to theJohnston County Board of Health for a three year term to expire January, 19996 CP L Easement Approved - To Allow Electrical Service to Forestry FacilityUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner JohnM Booker and carried by unanimous vote, the Board approved an easement for CP Lacross County Landfill Property to provide service to the new forestry building7 Fire Hydrant and Fire Flow PolicyUpon a motion by Commissioner John M Booker, seconded by CommissionerEleanor N Creech and carried by unanimous vote, the Board adopted the following policyconcerning installation of fire hydrants and minimum fire flow requirements on countywater linesFIRE HYDRANT INSTALLATION POLICYFire Hydrants to be installed on the average of every 1,000 linear feet of pipe whichis 6 or greater In areas such as wetlands, where development could not occur, hydrantspacing may be adjusted All homes in residential developments are to be within 500 feetof a fire hydrantMINIMUM FIRE FLOW REQUIREMENTS through 25 hose nozzleResidential Development 500 gal min with a residual pressure of 20 psiCommercial Development 800 gal min with a residual pressure of 20 psi8 Sheriffs Department - Authorization to Order 1996-97 Replacement VehiclesThe County Manager informed the Board the Sheriff has again this year requestedauthorization to order replacement vehicles needed for FY 1996-97 There willbe an initialsavings if the order is placed at this time, and the cars will be not be delivered nor willpayment be due until after July 1stFollowing discussion, Commissioner James W Cash moved the Board authorize theSheriff to order the 1996-97 replacement vehicles for his department with payment to bemade from the 1996-97 budget Commissioner Jerry F Wood seconded the motion, whichcarried by unanimous voteaecember 19, 22, 1995 - The Smithfield Herald2181 1The Chairman opened the public hearing and invited anyone who wished to addressthe Board on the following rezoning requestsCASE 140 Petition to rezone four parcels totalling approximately 69 acreslocated on NC 1357 Gilbert Road in Banner Township from AR R-40 toLight Industrial Owner and Applicant Ernest A Pope and Hixie J PopeJeff Coutu and Cal Genereux from the Planning Department pointed out theacreage on a map and noted that CSX railroad runs along the southern border of theproperty The tract is also located near Interstate-40 HighwayWarren McLamb, representing adjoining property owners Mr Mrs SheltonBlackmon, stated the Blackmons would like to know what is planned for the property MrSteve Woodall, speaking on behalf of his father who also owns adjoining property,requested the same informationMichael de Sherbinin, Economic Development Director, explained the Popes haveexpressed an interest in selling this portion of their property for industrial developmentThe property is highly marketable because of its proximity to the railroad and interstatehighway 40 Having the property already rezoned industrial would further enhance thechances of attracting an industrial buyer He pointed out there are very few properties leftin the County which are suitable for industry that have rail and interstate accessibilityThis would open up an opportunity to locate industry in the southern portion of theCountyEarl Creech, Chairman of the Industrial Development Board, pointed out theBenson area has recently lost over 400 employees with the closing of a plant An industryin this area would be a boost to the communityAt the Boards request Planning Director Jeff Coutu explained the types ofindustries that are allowed under the light industrial zoning He noted that before anindustry could locate on the property, a detailed site plan would have to be approved bythe Planning Board Any effort to rezone the property to heavy industry would require thenormal rezoning procedures, including notices to adjacent property owners and publichearings both by the Planning Board and the Board of CommissionersErnest Pope, owner of the property, pointed out he and his daughters live in theimmediate area He assured those present that he would not sell to an industry that wouldharm the communityThere being no further comments, the Chairman closed the public hearing10 Rezoning DecisionCASE 140 Petition to rezone four parcels totalling approximately 69 acres locatedon NC 1357 Gilbert Road in Banner Township from AR R-40 to Light IndustrialOwner and Applicant Ernest A Pope and Hixie J PopeAs recommendedby the Planning Board, Commissioner Cecil M Massengill movedthe Board approve rezoning case #140 for Ernest and Hixie Pope of approximately69 acres on NC 1357 in Banner Township from AR R-40 to Light Industrial CommissionerEleanor N Creech seconded the motion, which carried by unanimous vote21911 Sheriffs Department - Office Assistant Position ApprovedSheriff Freddy Narron asked the Board to approve a new office assistant positionfor his department to handle the additional workload created by the concealed weaponslaw, and new requirements concerning domestic and sexual offenders He pointed out theposition would be funded by concealed weapon permit fees The County retains 20 of the80 fee established by the State, and an additional 10 for finger printing applicants Healso pointed out his department is now conducting criminal history checks on all potentialemployees of the Board of Education; a process which takes considerable time and clericalhelpFollowing discussion, Commissioner Jerry F Wood moved the Board approve anoffice assistant position for the Johnston County Sheriffs Department and the followingbudget amendment from fees collected from concealed weapon applicants CommissionerCecil M Massengill seconded the motion, which carried by unanimous voteExpenditure Increase10 51000200Salaries8,0940010 51000501F I C A6200010 51000600Health Insurance1,5600010 51000610Life Insurance150010 51000700Retirement4050010 51000701401K24500TOTAL10,93900Revenue Increase10 510035105Concealed Weapons Permits10,9390012 Noise Complaints - DiscussionSheriff Narron discussed with the Board the many noise complaints he has receivedrecently from citizens throughout the County He noted that currently there is no statelaw or county ordinance that gives the sheriffs department the authority to do anythingabout this matter Most complaints are of loud weapons being discharged or personsplaying loud music late at night He stated his department is checking with other countiesto see how this problem is being handled and will report back to the Board with arecommendation in the near futureCommissioner Cecil M Massengill stated he has received many similar complaints,and would definitely favor a means to control this problem, but stressed any noiseordinance the county adopts should be carefully researched so that it can be enforced byour sheriffs departmentCommissioner Eleanor N Creech stated she too has received complaints fromcitizens; however, she agreed with Commissioner Massengill that an ordinance wouldserve no purpose if it could not be legally enforced Commissioner John M Booker and theother commissioners concurred13 Department of TransportationChairman Norman C Denning asked Jay Stem, Maintenance Engineer with NorthCarolina Department of Transportation, for a status report on the Wilkins ONeal Roadin Ingrams Township The State approved this road in early 1995 to be brought up to statestandard, using secondary road construction funds, and added to the state maintainedsystem The County Commissioners concurred in February, 1995, however, no work hasbeen done on the roadMr Stem stated that Don Dupree, Division Engineer, and Ken Murphy, DistrictEngineer, are working on obtaining the necessary right-of-way agreements so thatimprovements to the road can begin22014 Presentation of 1994-95 Audit Report - Neighbors AssociatesKen Neighbors of Neighbors Associates reviewed with the Board the Countyaudit report for the fiscal year ending June 30, 1995 He reported the County is incompliance with all laws and adheres to all recognized and acceptable accounting practicesand principlesCommissioner Cookie Pope asked about the undesignated funds as of June 30, 1995in the amount of more than 10 million She questioned whether some of this money couldbe used for paying off the school bond debtCounty Manager, Richard B Self, explained the undesignated funds figure does notrepresent available cash He noted this figure is broken down into several differentcomponents mental health funds, collected sales tax which has since been turned over tothe schools as required by law, 8 fund balance required by the Local GovernmentCommission, and commitments made by the Board since June 30th Actual availablefunds would be slightly over 2 million He pointed out the County has to operateapproximately three months each year with very little income as most ad valorem tax isnot collected until the last quarter of the calendar year Each year the Countydepartments strive to come in under budget which does create extra funds, however, noone knows what additional demands will be sent down from the State and FederalGovernment, and the County has to be prepared to meet those demandsCommissioner John M Booker stated he has served on the Board long enough toknow the value of having some available funds, as they are usually needed before the yearends He pointed out that local government has to be economically prudent and can notafford to come up short because it has to operate without a clear picture of the future Hestated, in his opinion, this represents a good audit reportFollow further discussion, Commissioner Jerry F Wood moved the Board accept theaudit report as presented Commissioner John M Booker seconded the motion, whichcarried by unanimous voteChairman Denning thanked Mr Neighbors for his report and asked that he go overthe report in detail with any board member who would like further informationMr Neighbors responded he would be glad to do so He complimented FinanceDirector, John Massey, and his staff for their budget management and excellent recordkeeping practices15 Public Hearing 1130 am - Amendment to Zoning OrdinanceAdvertised The Johnstonian Sun - December 14, 21, 1995The Chairman opened the public hearing and invited anyone who wished tocomment on a proposed amendment to delete Section 4413 AR R-40 to R-30 zoning byright from Article 4 of the Johnston County Zoning OrdinancePlanning Director Jeff Coutu explained this would amend the ordinance toeliminate R-30 rezoning by right Section 4413 of the ordinance has allowed R-30 zoningfor properties connected to public water It is now recommended that this section bedeleted and all future R-30 zoning requests be handled through the regular rezoningprocessThere being no further comments, the Chairman closed the public hearing22116 Amendment to Zoning Ordinance ApprovedUpon a motion by Commissioner Cecil M Massengill, seconded by CommissionerJohn M Booker and carried by unanimous vote, the Board amended the Johnston CountyZoning Ordinance as followsDELETE ARTICLE 4, SECTION 4413 - Agricultural-Residential R-40 rezone to R-30 Residential By RightAll subdivision applications which have received final approval by the planningBoard prior to this amendment must be recorded in the Registrar of Deeds Office within60 days of the date of final approval to qualify for R-30 designation under the previousordinance17 Closed Session - IndustryUpon a motion by Commissioner Eleanor N Creech, seconded by CommissionerCookie Pope and carried by unanimous vote, the Board recessed regular session to sit inClosed Session for the purpose of discussing matters relating to the location or expansionof industry in the area served by the public bodyREGULAR SESSION RESUMEDUpon a motion by Commissioner John M Booker, seconded by CommissionerEleanor N Creech and carriedby unanimous vote, the Board adjourned closed session andresumed regular session18 250th Birthday Celebration for Johnston County - Proclamation AdoptedUpon a motion by Commissioner Eleanor N Creech, seconded by CommissionerCookie Pope and carried by unanimous vote, the Board adopted the followingproclamationPROCLAMATION250th ANNIVERSARY CELEBRATIONWHEREAS, Johnston County was created from Craven County on June 28, 1746, andnamed in honor of Gabriel Johnston, the North Carolina colonys governorat the time; andWHEREAS, Johnston County ranks 10th in size among North Carolinas counties witha land area of 792 square miles and state officials estimate its currentpopulation over 90,000; andWHEREAS, Much of the groundwork was laid for the colonys role in the AmericanRevolution when the 13 member Provincial Council held its first twosessions in 1775 at Johnston Court House; andWHEREAS, Johnston County has been home to several notable figures GovernorBenjamin Williams of North Carolina and Governor William Cary Renfrowof Oklahoma, inventor Lunsford Richardson and historian and USAmbassador to Germany William E Dodd; andWHEREAS, The late Ava Gardner, an internationally known actress was born andgrew up in eastern Johnstons Brogden Community; andWHEREAS, Agriculture has always been the leading economic pursuit - leading incotton, flue cured tobacco and sweet potato production, and ranks first inthe state in the number of operating farms; andWHEREAS, Johnstons education system dates b ack to Smithfield Academy, which wasestablished in 1812, and drew teachers bearing degrees from suchdistinguished universities as Glasgow and Harvard Private schoolsflourished here in the nineteenth and early twentieth centuries before thefirst public high schools were started; and222WHEREAS, The New York based American Missionary Association began the firstschool for blacks in Smithfield about 1866; andWHEREAS, The coming of railroads in the 1850s and 1880s gave rise to eight newtowns Princeton, Clayton, Selma, Pine Level, Benson, Kenly, Four Oaksand Micro; andWHEREAS, Manufacturing industries existed on a small scale in Johnston before the20th Century, the most noteworthy in that era being turpentinedistilleries and lumber mills, textile mills provided employment throughthe first half of the century; andWHEREAS, A post-World War II population decline spurred an industrial recruitmentcampaign that has given the county a more diverse industrial baseincluding textiles, electronics, pharmacology, biotechnology and assemblyof durable goods; andWHEREAS, Since 1960, a booming tourist trade has evolved, particularly along thenorth-south Interstate 95 corridorNOW, THEREFORE, BE IT RESOLVED that the Johnston County Board ofCommissioners does hereby proclaim 1996 as the 250th Anniversary Celebration forJohnston County and request all citizens to participate in the many events scheduled tohonor our countyProclaimed this 2nd day of January 199619 Reauest for Funds for 250th CelebrationNonme Dillehay, Chairman of the 250th Birthday Celebration Commission,requested the Countys help in funding the many events scheduled for the yearlongcelebration She noted the commission expects to generate revenue through privatedonations, souvenirs, and ticket sales to many of the events, however, initial money isneeded to get the activities started She also reported the commission expects to hear inMarch from a grant application for funds from the StateVice chairman of the commission, Todd Johnson, commented that any remainingrevenue at the end of the celebration would go toward the establishment of a JohnstonCounty historical museumVivia Creech, commission member, stated the goal of the commission is to reachevery Johnstonian Celebration banners will be placed in the towns and at each rural firedepartment, and the entire county will be encouraged to participate in the eventsFollowing discussion, Commissioner Eleanor N Creech moved the Boardappropriate 30,000 for the Johnston County 250th Birthday Celebration and approve thefollowing budget amendment Commissioner John M Booker seconded the motion, whichcarried by unanimous voteExpenditure Increase10 58559099 250th Committee 30,00000Expenditure Decrease10 58555710 Contingencies 30,00000It was further suggested that a dollar fund be started to encourage others todonate to the celebration 335 was collected from those present at the meeting20 County Flag AdoptedThe Board discussed the design of a county flag which was unveiled at a pressconference today as a kick off for the 250th Birthday celebration The flag, designed byRon Sloan from Four Oaks, displays the family crest of Royal Governor Gabriel Johnston,for whom Johnston County was named, and the year the county was founded, 1746223Following discussion Commissioner Eleanor N Creech moved the Board formallyadopt this design as the official flag for Johnston County Commissioner Cookie Popeseconded the motion, which carried by unanimous voteCounty Commissioners to Purchase First Flag to be Placed in Meeting RoomUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner CecilM Massengill and carried by unanimous vote, the Board voted to purchase the first flagto be permanently displayed in the Commissioners Meeting Room in the CourthouseThere being no further business, Commissioner John M Booker moved the Boardadjourn Commissioner Jerry F Wood seconded the motion, which carried by unanimousvoteNorman C Denning, ChairmanJoyce H Ennis, ClerkDetailsAnnotationsEntry PropertiesModified11192013 125206 PMCreated4142003 90426 AMTemplateMinutesFieldsMinutes - TypeRegularMinutes - Date121996Book20