July 3, 1995 - 10:00 AM - County Board of Commissioners Meeting Minutes

July 3, 1995The Johnston County Board of Commissioners met in regular session Monday, July3, 1995, at 10 oclock am in the Commissioners Room, Johnston County CourthouseAnnex, 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, and Joyce H Ennis, Clerk to the BoardThe Chairman called the meeting to order and the following business wastransacted1 _ MinntPs,The Chairman asked if there were any corrections to the minutes of the June 5, 6,12, 14, 20, and 27, 1995 board meetings There being no corrections, the Chairmandeclared the minutes approved as presented2 Department of Transportation - Addition to SystemThe Board reviewed petitions presented by the North Carolina Department ofTransportation requesting the following roads be added to the State Secondary System formaintenanceWalkers Way and Riders Ridge Lane in Riders Ridge Subdivision, Sections I andII, Pleasant Grove TownshipFollowing review, Commissioner Cecil M Massengill moved the Board concur withthe NC Department of Transportations request to add Walkers Way and Riders RidgeLane in Riders Ridge Subdivision, Sections I and II, Pleasant Grove Township to the StateMaintained System Commissioner Cookie Pope seconded the motion, which carried byunanimous vote3 Renewal of Cable Franchise - Tele-Media CMACounty Manager, Richard B Self, informed the Board that Mr George Buchan,Assistant Vice President and General Manager of Tele-Media, recently passed away anda new general manager will be taking over his duties The new manager has asked thatthe Board postpone action on renewal of franchise to allow him an opportunity to reviewthe Countys Cable TV Ordinance and the recently adopted amendments4 EMS Advisory Board - Request Changes in Level of Services for Rescue Squads -Second VoteThe Emergency Management Services Advisory Board has recommended changesin the level of service for the following two rescue squadsA Kenly Rescue Squad - Currently operating at EMT-A1 level is unable toprovide 24 hour coverage because of a shortage of volunteers Recommended Change Re-franchise at EMT-1 level until they can provide 24 hour coverageB Mid-South Ambulance Service - Request to be re-franchised at EMT-P levelThey have met all requirements of the franchise ordinance Recommended Changeapproval to EMT-P level of serviceUpon a motion by Commissioner Eleanor N Creech, seconded by CommissionerJerry F Wood and carried by unanimous vote, the Board, on its second vote, approvedchanges in level of service for rescue squads as follows A Kenly Rescue Squad to EMT-1level; and 2 Mid-South Ambulance Service to EMT-P level?•Resolution USGS Survey - Johnston and Wake Count,, linesUpon a motion by Commissioner James W Cash, seconded by Commissioner JerryF Wood and carried by unanimous vote, the Board adopted the following resolution andboundaries for the Johnston CountyWake County line using the US Geological SurveyTopographic Quad MapsRESOLUTION LOCATING THEJOHNSTON COUNTYWAKE COUNTY LINEWHEREAS, OOHNSTON COUNTYAND WAKE COUNTY RAVE BOTH COMPLETED PROJECTS TO PRODUCE NEWPROPERTY MAPS Of THE IRJURISDICTIONS ;ANDWHEREAS, OHNSTON COUNTYAND WAKE COUNTY RECOGNIZE THE NEED TO AGREE ON THE LOCATIONOf THE JOHNSTON COUNT WAKE COUNTY LINE; ANDWHEREAS, OOHNSTON COUNTYAND WAKE COUNTY HAVE AGREED TO LOCATE THE COUNTY LINE BASEDON INFORMATION MAPPED ON THE UNITED STATES GEOLOGICAL SURVEYUSGS TOPOGRAPHIC QUAD MAPS; ANDWHEREAS, OOHNSTON COUNTY AND WAKE COUNTY HAVE AGREED ON A STATE PLANE COORDINATEDESCRIPTION THAT LOCATES THE AGREED UPON COUNTY LINE ON THE TWO COUNTIES, PROPERTY MAPS,NOW, THEREFORE, BE IT RESOLVED BY THE JOHNSTONCOUNTY BOARD OF COMMISSIONERS THATTHE OOHNSTON COUNTYWAKE COUNTYLINEWILL BE LOCATED USING THE DESCRIPTION THAT REFERENCES COORDINATE VALUES TAKEN FROM THE UNITED STATESGEOLOGICAL SURVEY TOPOGRAPHIC QUAD MAPS AS REFERENCED IN THE ATTACHED DESCRIPTION AND SHOWN ONJOHNSTON COUNTY,S PROPERTY MAPS,ADOPTED THIS THE 3RD DAY OF JULY, 1995JOHNSTONWAKE COUNTY LINEBOUNDARY DESCRIPTIONBeginning at a point on Wake, Johnston, Franklin, Nash Counties, and MoccasinCreek, on the northern edge of US Highway 264 East, North Carolina State PlaneCoordinate value east-2,220,580north-753,521, thence in a southwesterly direction to apoint where it intersects with the northern right-of-way line of SR 2404 state planecoordinate value east-2,219,176north-752,409, thence in a southwesterly direction to apoint where it intersects with the eastern right-of-way line of NC 39 Highway state planecoordinate value east-2,216,986north-750,683, thence in a southwester direction to apoint where it intersects the eastern right-of-way line of Chamblee Road SR 2345 stateplane coordinate value east-2,213,837north-748,508, thence in a southwesterly directionto a point where it intersects the northern right-of -way line of Perry-Curtis Road SR2347 state plane coordinate value east-2,213,649north-748,375, thence in asouthwesterly direction to a point where it intersects with Carolina Power and Lighteasement state plane coordinate value east-2,210,879 north-746,460, thence in asouthwesterly direction to a point where it intersects with the western property line of aparcel listed In Wake County with account number 0021996 state plane coordinate valueeast-2,209,965north-745,829, thence in a southwesterly direction to a point on theproperty listed in Wake County with account number 0770869 state plane coordinatevalue east-2,208,908north-744,952, thence in a southwesterly direction to a point whereit intersects with the eastern right-of-way line NC96 Highway state plane coordinatevalue east-2,208,145north-744,440, thence in a southwesterly direction to a point whereit intersects with Pulley-Gordon Road SR 2315 state plane coordinate value east -2, 205,823north-742,890, thence in a southwesterly direction to a point where it intersectswith the northern right-of-way line of Earpsboro- Chamblee Road SR 2352state planecoordinate value east-2,204,919north-742,275 thence in a southwesterly direction to apoint where it intersects with the center of Little River state plane coordinate value east -2,200,395north-739,134, thence in a southwesterly direction to point where it intersectswith the eastern right-of-way line of Earpsboro- Chamblee Road SR 2352 state planecoordinate value east-2,197,926north-737,428, thence in a southwesterly direction to apoint where it intersects with the eastern right-of-way line ofONC231 Highway state plane coordinate value east- 2,192,388north-733,587, thence ina southwesterly direction to a point where it intersects with northern right-of-way line ofHollybrook Road SR 2357 state plane coordinate value east-2,191,920 north- 733,260,thence in a southwesterly direction to a point where it intersects with the eastern right-of-way line of Eagle Rock Road SR 1003 state plane coordinate value east-2,181,857north-726,452, thence in a southwesterly direction to a point where it intersects with thenorthern right-of-way line of Turnipseed Road SR 2507 state plane coordinate value east-2,177,820north-723,763, thence in a southwesterly direction to a point where it intersectswith the northern right-of-way line of Bissette Road SR 1716 state plane coordinatevalue east-2, 174, 139 north-721,311, thence in a southwesterly direction to apoint whereit intersects with the eastern right-of-way line of Smithfield Road SR 2233 state planecoordinate value east-2,168,651north-717,674, thence in a southwesterly to apoint whereit intersects with the center of the Neuse River state plane coordinate value east -2,160,253north-712,201, thence in a northwesterly direction along the center of theNeuse River the following state plane coordinate values east-2,159,963 north -712,553,east - 2,15,9,359 north - 713,045, east 2,158,939north -713,148,east 2,158,014north-712,838,east-2,157,334north- 712,281, east- 2,156,813 north 711,819, east-2,156,585north-711,449, east-2,156,438 north-710,981, east-2,156,416 north 710,798,east-2,156,270north-710,670, thence leaving the Neuse River in a southwesterly direction toa point where it intersects with the western right-of-way line of Mial Plantation Road SR2509 state plane coordinate value east-2,154,334north-708,769, thence in asouthwesterly direction to a point where it intersects with the northern right-of-way lineof US Highway 70 East state plane coordinate value east-2,145,161 north-699,909,thence in a southwesterly direction to a point where it intersects with the eastern right-of-way line of Guy Road SR 2558 state plane coordinate value east-2,143,004north-697,821, thence in a southwesterly direction to a point where it intersects with the easternright-of-way line of White Oak Road state plane coordinate value east-2,136,675north-691,720, thence in a southwesterly direction to a point where it intersects with the easternright-of-way line of New Bethel Church Road SR 2703 state plane coordinate value east-2,130,588north-685,939, thence in a southwesterly direction to a point where it intersectswith the center right-of-way line of US Highway I-40 South state plane coordinate valueeast-2,128,801 north-684,211, thence in a southwesterly direction to a point where itintersects with the center line of Swift Creek state plane coordinate value east -2,126,875north-682,330, thence in southwesterly direction to a point where it intersectswith the northern right-of-way line of Cleveland School Road SR 1010 state planecoordinate value east-2,122,504north-678,138, thence in southwesterly direction to apoint where it intersects with the eastern right-of-way line of N C 50 Highway Southstate plane coordinate value east-2,119,576north-675,274, thence in a southwesterlydirection to a point where it intersects with the eastern right-of-way line of Brack PennyRoad SR 2732 state plane coordinate value east-2,116,297north-672,167, thence in asouthwesterly direction to a point where it intersects with the northern right-of-way lineof N C 42 Highway state plane coordinate value east-2,114,722north-670,684, thence ina southwesterly direction to a point where it intersects with the eastern right-of-way lineof Johnston Road SR 2735 state plane coordinate value east-2,113,764north-669,776,thence in a southwesterly direction to a point where it intersects with the eastern right-of-way line of Rock Service Station Road SR 2736 state plane coordinate value east -2,109,257north-665,486, thence in a southwesterly direction to a point where it intersectswith the northern right-of-way line of Mount Pleasant Road SR 2740 state planecoordinate value east-2,104,391 north-660,775, thence in southwesterly direction to apoint where it intersects with the eastern right-of-way line of Turner Fish Road SR 2743state plane coordinate value east-2,097,950north-654,663, thence in a southwesterlydirection to a point where it intersects with the eastern right-of-way line of Bill Love RoadSR 2745 state plane coordinate value east -2,094,604 north- 651,514, thence in asouthwesterly direction to a point where it intersects with the eastern right-of-way line ofOld Stage Road SR 1006 state plane coordinate value east-2,090,950 north-648,083,thence in a southwesterly direction to a point where it intersects with the southeast cornerof parcel listed in Wake County with account number 0014138 state plane coordinatevalue east-2,087,457north-644,939, thence in a southwesterly direction to a point whereit intersects with the Harnett County line state plane coordinate value east -2,086,621north-644,117 marking the corner for Harnett, Wake, Johnston Counties andbeing the ending pointM66015This county line description is based upon longitude and latitude coordinatesdetermining the same on the United States Geological Survey Quadrangle Sheets In theevent conflict between those coordinates and the state plane coordinate description for anypoint, the United States Geological Survey coordinates will control6 Easement - Caterpillar-- Resolution for Exchange of PropertyUpon a motion by Commissioner Cookie Pope, seconded by Commissioner JamesW Cash and carried by unanimous vote, the Board adopted the following resolution toexchange property with Caterpillar for the relocation of the sewer lift station and sewageforce mainMOTION TO EXCHANGE PROPERTYWHEREAS, Data General Corporation granted to The County of Johnston aneasement and deed for a sewer lift station and sewage force main recorded in Book 827 atPage 229 Johnston County RegistryWHEREAS, Caterpillar, Inc is a successor in interest to Data General Corporationand desires to relocate the lift station and sewage force main; andWHEREAS, Notice of Reconveyance was duly advertised in The Clayton Star asrequired by NCGS 153A-177NOW THEREFORE, upon notice duly made and seconded, the Chairman of theJohnston County Board of Commissioners is hereby authorized to execute a SpecialWarranty Deed, copy of which is attached to this Motion, reconveying to Caterpillar, Inc,that certain property conveyed to Johnston County by Deed dated November 17, 1977, andrecorded in Book 827 at Page 229 in exchange for Caterpillar, Inc conveying to JohnstonCounty, by Special Warranty Deed other suitable easements and property for relocationof a lift station and sewage force mainAdopted this 3rd day of July, 19957 Surplus Property - Sheriffs VehiclesCommissioner Jerry F Wood moved the Board declare the following vehiclessurplus and authorize the County Manager to advertise and sell the property at publicauction with the exception of the 1990 Ford Taurus 1FACP5040LA171361 which is tobe loaned to the Johnston Community College for their Basic Law Enforcement TrainingProgram1992 Ford Taurus IFACP5047NA104193 - 105,505 miles1992 Ford Taurus IFACP5042NA104196 - 127,479 miles1991 Ford Crown Victoria 2FACP72G4MX175229 - 128,863 miles1990 Chevrolet Caprice IGIBL5475LA129346 - 131,183 miles1989 Dodge Shadow 1B3CP4802KN667392 - 80,937 miles1988 Chevrolet Mote Carlo 1G1GZ11G2JP120454 - 95,501 miles1988 Ford Crown Victoria 2FABP72FOJX202425 - 105,244 miles1979 Chevrolet Camaro 1S87L9N598040 - 105,455 miles1988 Chevrolet Caprice IGIBL5163JR145491 -148,232 miles1990 Ford Taurus IFACP5040LA171361 - 107,342 miles To be turned over toCommunity College for Basic Law Enforcement Training ProgramCommissioner Eleanor N Creech seconded the motion, which carriedby unanimousvote?M•8 Recreation Grants ApprovedUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner JohnM Booker and carried by unanimous vote, the Board approved the following recreationgrantsGlendale-Chapel Recreation Dept 2,000; Princeton Little League, 2,000;Princeton Babe Ruth, 2,000; Pine Level Recreation Committee, 2,000; SmithfieldElementary School PTA, 2,000; Physical Ed Club of Smithfield Elementary School,2,000; Kenly Kiwanis Club, 2,0009 AppointmentsA Council on Status of Women - 4 positions - No applicationsB Johnston County Industrial Development Commission - 1 position to fillunexpired term - applicant to represent the Smithfield AreaCommissioner Cookie Pope moved the Board appoint Raymond G PateUpon realizing that a second applicant had submitted a resume after the BoardsAgenda Packet was sent out, Commissioner Pope withdrew her motion to give the Boardtime to review both applicationsThe Board postponed action until a later meetingC Johnston County Nursing Home Domiciliary Home Advisory BoardUpon a motionby Commissioner Jerry F Wood, secondedby Commissioner EleanorN Creech and carried by unanimous vote, the Board appointed Steve Strickland for athree year term to expire July, 199810 Advertise for Bids Soil Compactor - Public Utilities DepartmentUpon a motion by Commissioner Cecil M Massengill, seconded by CommissionerJohn M Booker and carried by unanimous vote, the Board authorized the County Mangerto advertise for bids for a vibratory soil compactor to be used for closing the existinglandfill and for daily operations in the new lined landfill11 Public Hearing - Rezoning CasesAdvertised June 21, 18 1995 - Clayton News StarCertified letters were mailed to adjoining property owners on June 19, 1995and notices were posted at the locations on June 23, 1995The Chairman opened the public hearing and invited anyone who wished toaddress the Board on the following rezoning requestsA CASE #128 - Petition to rezone approximately 109 acres located on SR1563 Little Creek Church Road in Clayton Township from AR R-40 toGeneral Business Special Use District Applicant W A McLambAs this case involved a special use district, those persons wishing to speak weresworn in by the ClerkJeff Coutu, Planning Director, pointed out the area on a map He explained MrMcLamb wishes to operate a business on this propertyCASE #129 was withdrawnB CASE #130 Petition to rezone approximately 451 acres located on SR 1706Loop Road in Wilders Township from AR R-40 to Residential-30Applicant Fred SmithJeff Coutu indicated the property on a map and noted it is just outside of ClaytonsETJ areaGeorge Mast, Attorney for the applicant, offered to answer any questions theCommissioners might have concerning this requestThere being no further comments, the Chairman closed the public hearing12 Decisions on Rezoning CasesA CASE #128 - Petition to rezone approximately 109 acres located on SR1563 Little Creek Church Road in Clayton Township from AR R-40 toGeneral Business Special Use District Applicant W A McLambUpon a motion by Commissioner Cecil M Massengill, seconded by CommissionerCookie Pope and carried by unanimous vote, the Board approved rezoning Case #128 forW A McLamb for 109 acres on SR 1563 in Clayton Township from AR R-40 to GeneralBusiness Special Use DistrictB CASE #130 - Petition to rezone approximately 451 acres located on SR1706 Loop Road in Wilders Township from AR R-40 to Residential-30Applicant Fred SmithCommissioner Cecil M Massengill moved the Board approve rezoning Case #130for Fred Smith, 451 acres on SR 1706 in Wilders Township from AR R-40 to R-30,contingent upon Mr Smiths water system being constructed so as to be compatible withthe County water system Commissioner Jerry F Wood seconded the motion, whichcarried by the following voteYea Norman C Denning, John M Booker, James W Cash, Jerry F Wood,Eleanor N Creech, and Cecil M MassengillNay NoneAbstaining Cookie Pope13 Public Hearing - Application for Special Use PermitAdvertised June 21, 28, 1995 - Johnstonian SunCertified letters were mailed to adjoining property owners on June 19, 1995and notices were posted at the locations on June 23, 1995The Chairman opened the public hearing and invited anyone who wished toaddress the Board on the following request for a special use permitCASE #128 Special use permit application for a convenience store with gaspumps, welding shop, and storage facility on approximately 109 acres located onSR 1563 Little Creek Church Rd,Clayton Township Applicant W A McLambChairman Denning addressed the following questions to Jeff Coutu, CountyPlanning Director, concerning Case 1281 Mr Coutu, was a pre-application conference heldby the Planning Departmentwith the applicant Response Yes, Sir2 Did the applicant meet the requirements at that time by providing a sketchplan illustrating the location, size and major design elements of thedevelopment of the sites Response Yes, Sir?•3 Did your department prepare an analysis of the application includingconformity with zoning, subdivision, soil erosion and sedimentation, andhealth regulations Response Yes we did4 Did the Planning Board advertise and hold a hearing open to the publicResponse Yes, Sir5 Was written certification sent to the adjacent property owner in a timelyfashion Response Yes it was6 What is the recommendation of the Planning Board Response The Planningany conditions attached Response Yes sir PlanningChairman Mr Coutu, please read to this Board the summary of the evidencesupporting the Planning Boards recommendation Response Mr Coutu readthe following evidence of support found by the Planning BoardCASE #1281 Special use is for a convenience store with gas pumps and awelding shop2 The use will promote the public health, safety and generalwelfare, if located where proposed and developed and operatedaccording to the site plan as submitted3 The use will maintain the value of contiguous property4 The use is in compliance with the general plans for the physicaldevelopment of Johnston County7 Did you notify the applicant in writing of the Planning Boardsrecommendation Response Yes, Sir8 Is the applicant aware that if the Commissioners deny the request that noapplication can be accepted for the same or a similar use affecting the sameproperty for a period of twelve 12 months Response Yes, Sir9 Is the applicant aware that the right of appeal to the Board of Adjustmentmust be exercised within thirty 30 days of this date Response Yes Sir10 Is the applicant aware that the permit will expire at the end of twelve 12months if it is not used as permitted within that time period ResponseYes, SirThere being no further comments, the Chairman closed the public hearing14 Decision on Special Use ApplicationCASE #128 A special use permit application for a convenience store with gaspumps, a welding shop, and a storage facility on approximately 109 acres locatedon SR 1563 Little Creek Church Road in Clayton Township Applicant W AMcLambUpon a motion by Commissioner Cecil M Massengill, seconded by CommissionerEleanor N Creech and carried by unanimous vote, the Board authorized the CountyPlanning Department to issue a special use permit to W A McLamb for a conveniencestore with gas pumps and a welding shop on approximately 109 acres on SR 1563 inClayton Township, based on the following findings of fact1 Special use is for a convenience store with gas pumps and a welding shop2 The use will promote the public health, safety and general welfare, iflocated where proposed and developed and operated according to the siteplan as submitted3 The use will maintain the value of contiguous property4 The use is in compliance with the general plans for the physicaldevelopment of Johnston CountyOKI15 Countv to Participate in Integrated Emergencv Management CourseDewayne West informed the Board that Johnston County has been acceptedby theFederal Emergency Management Institute in Emmitsburg, Maryland, to participate in acommunity specific Integrated Emergency Management Course The Course will be heldDecember 4-8, 1995, in Emmitsburg and will consist of a five-day exercise that will involveup to seventy people from our County Those who will be invited to take part in thisopportunity are county and municipal elected officials, emergency responders, media, andvarious departments and agencies that would normally be involved in response andrecovery of a major disaster in the County There will be no cost for the County except formealsMr West noted that only two other counties in the state have had this experience,Lenoir and New Hanover This is a rare opportunity and will provide valuable training tomake Johnston Countys response and recovery more effective in the case of a majordisaster16 Hopewell Pisgah Water District BoardUpon a motion by Commissioner James W Cash, seconded by CommissionerEleanor N Creech and carried by unanimous vote, the Board recessed regular session tosit as the Hopewell Pisgah Water District BoardTim Broome, Engineer with McKim and Creed, discussed the bids received June15, 1995 on the Hopewell Pisgah Water District project He explained the bids were for abase bid and an alternate bid The alternate bid would include the Countys participationto upsize several of the major water transmission mains for future County needs Lowbidder on the base bid was Hendricks Barnhill of Greenville, NC; low bidder for thealternate bid was McMahan Brothers Pipeline of West Columbia, South CarolinaThe bids came in higher than originally expected due to the increase in the cost ofpipe material and the recent change in the general bidding climate for this type of projectNegotiations with the low bidders has helped bring the project cost down; however anadditional 526,000 is still neededHe noted that he and County Manager, Richard Self, have met with JackieMcLamb of the Rural Economic and Community Development Service a new name forFmHA, and made him aware of the shortfall Mr McLamb has indicated his agencyshould be able to find most, if not all, of the additional funding Mr Broome recommendedthe County formally request the additional funds from RECDSMotion to Request Additional Funding from RECDSUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner CecilM Massengill and carried by unanimous vote, the Board instructed the County Managerto write a letter to the Rural Economic and Community Development Service requestingadditional funds in the amount of 526,000 for the Hopewell Pisgah Water District projectMr Broome further explained the Countys cost to a size the major transmissionmains the difference in the base bid and alternate bid would be 1,126,185 Herecommended that the HWPWD Board formally request the Board of Commissioners toagree, in writing, to participate in the additional cost to upsize the major transmissionmains of the Hopewell Pisgah Water District in the amount of 1,126,185There being no further business, Commissioner Eleanor N Creech moved theHopewell Pisgah Water District Board adjourn and the regular meeting of the Board ofCommissioners resume Commissioner Cecil M Massengill seconded the motion, whichcarried by unanimous voteto ••Regular Session Resumed17 County to Participate in Upsizing Water Mains Hopewell Pisgah WaterDistrictContingent upon the necessary funds being secured for the Hopewell Pisgah WaterDistrict project, Commissioner Jerry F Wood moved the Board agree to participate in theamount of 1,126,185 to upsize the major water transmission mains of the District as setout in the alternate bid for the project Commissioner Cookie Pope seconded the motion,which carried by unanimous vote18 Property Acquisition - County LandfillCommissioner Jerry F Wood moved the Board proceed with friendly condemnationon 22 acres of land adjacent to the County landfill, which is needed to close out theexisting facility and open the new lined landfill Commissioner James W Cash secondedthe motion, which carried by unanimous voteThere being no further business, Commissioner John M Booker moved the Boardadjourn until 7 00 pm, July 10, 1995 Commissioner Eleanor N Creech seconded themotion, which carried by unanimous voteNorman C Denning, ChairmanJoyce H Ennis, ClerkDetailsAnnotationsEntry PropertiesModified11192013 12658 PMCreated4142003 102725 AMTemplateMinutesFieldsMinutes - TypeRegularMinutes - Date731995Book20