May 1, 1995 - 10:00 AM - County Board of Commissioners Meeting Minutes

May 1, 1995The Johnston County Board of Commissioners met in regular sessionMonday, May 1, 1995, at 10 oclock am in the Commissioners Room, JohnstonCounty Courthouse Annex, Smithfield, North Carolina, with the followingmembersPresent Norman C Denning, Chairman, Dr John M Booker, ViceChairman, James W Cash, Jerry F Wood, DDS, Cecil MMassengill, Eleanor N Creech and Cookie PopeAbsent NoneAlso Present Richard B Self, County Manager,and Joyce H Ennis, Clerk to theBoardThe Chairman called the meeting to order and the following business wastransacted1 MinutesThe Chairman asked if there were any corrections to the minutes of theApril 3, 1995 board meeting There being no corrections, the Chairman declaredthe minutes approved as presented2 Department of Transportation - Addition to SystemThe Board reviewed petitions presented by the North Carolina Departmentof Transportation requesting the following roads be added to the State SecondarySystem for maintenance Glenn Street in Glenn Powell Subdivision, ClaytonTownship; Hillington Road, Redpath Drive, McColl Drive and Clarendon Courtin Hillington Estate, Clayton TownshipFollowing review, Commissioner James W Cash moved the Board concurwith the NC Department of Transportations request to add Glenn Street in GlennPowell Subdivision; Hillington Road, Redpath Drive, McColl Drive and ClarendonCourt in Hillington Estate, Clayton Township, to the State Maintained SystemCommissioner Eleanor N Creech seconded the motion, which carried byunanimous vote3 Home Health and Hospice Care Inc - Annual UbdateCatherine Boyette, Vice President of Home Health and Hospice Care, Inc,presented an update on the service her organization is performing in JohnstonCounty4 Proclamation - American Business Womens AssociationUpon a motion by Commissioner Eleanor N Creech, seconded byCommissioner Jerry F Wood and carried by unanimous vote, the Board adoptedthe following proclamationAmerican Business Womens Association Education MonthMay, 1995In salute to the more than 110,000 American Business Womens Associationmembers for their supportive efforts in helping women advance through educationand for developing an informed and responsible citizenry;The Johnston County Board of Commissioners do hereby proclaim May,1995 as ABWA Education Month in Johnston County25 Proclamation - Mental Health MonthUpon a motion by Commissioner Jerry F Wood, seconded by CommissionerCookie Pope and carried by unanimous vote, the Board adopted the followingproclamation_MENTAL HEALTH MONTH - MAY, 1995WHEREAS,eight to twelve million people suffer from mental or emotionaldisorders such as depression, bi-polar disorder, schizophrenia,attention- deficit disorder, anorexia nervosa, bulimia, anxietydisorders Tourettes syndrome, and others; andWHEREAS,these individuals, through no fault of their own or theirfamilies, are robbed of their capacity to learn, grow, anddevelop to their fullest potential; andWHEREAS,no single public agency is responsible for the well-being ofthese people, or for educating their families on services,treatment or legal rights; andWHEREAS,the nightmare of these individuals illnesses is oftencompounded for family members by the difficulty of trying toget accurate information about the causes and nature of thesedisorders and where to get help for their family andthemselves; andWHEREAS,over the past eight decades the nationwide Mental HealthAssociation has established itself as a vital source ofinformation, leadership and empowerment for those withserious mental or emotional disorders, enabling them tobecome effective advocates on their own behalfTHEREFORE BE IT RESOLVED that the Johnston County Board ofCommissioners, along with community Mental Health Associations around thecountry, join forces with the leaders of our community to end the discriminationagainst people with mental illnesses and create an environment where care can besought and obtained without fear or shame; andFURTHER, the Board of Commissioners does hereby proclaim May, 1995 asMental Health Month in Johnston CountyProclaimed this the 1st day of May, 19956 Proclamation Tourism WeekNonnie Dillehay, Executive Director of the Johnston County VisitorsBureau, and Linwood Parker, Chairman of the Johnston County TourismAuthority, asked the Board to proclaim the week of May 7-13 as Johnston CountyTourism WeekUpon a motion by Commissioner John M Booker, seconded byCommissioner Eleanor N Creech and carried by unanimous vote, the Boardproclaimed the followingJOHNSTON COUNTY TOURISM WEEK - MAY 7-13,1995WHEREAS, the travel and tourism industry supports the vital interest ofJohnston County and North Carolina, contributing to ouremployment and economic prosperity; andWHEREAS, travel and tourism ranks as one of Johnston Countys largestindustries in terms of revenues generated; andWHEREAS, thousand of visitors contributed over 464 million to theeconomy in 1995; andWHEREAS, those travelers provided jobs for over one thousand citizens inJohnston County, generating a payroll of 85 million; andWHEREAS, travel and tourism provides employment for more youngpeople, women, and minorities than any other industry inJohnston County; andWHEREAS, given these laudable contributions to the economic, social, andcultural well-being of the citizens of Johnston County, it isfitting that we recognize the importance of travel and tourismWNOW THEREFORE, BE IT RESOLVED by the Johnston County Board ofCommissioners that the week of May 7-13, 1995 is hereby designated JOHNSTONCOUNTY TOURISM WEEKAdopted this the 1st day of May, 19957 Fireworks Display Town of Pine LevelCommissioner John M Booker moved the Board approve the followingrequest for fireworks display subject to NC General Statutes 14-410, 14-415 andChapter 20 of the Standard Fire Prevention Code, and contingent upon thepetitioner obtaining the necessary permits from the Johnston County InspectionsDepartment Town of Pine Level fireworks display, July 4, 1995, at the SamGodwin Recreation ParkCommissioner Cecil M Massengill seconded the motion which carried byunanimous vote8 Corinth Holder Fire Department - Lease Purchase Agreement forEquipmentUpon a motion by Commissioner Jerry F Wood, seconded by CommissionerCookie Pope and carried by unanimous vote, the Board approved Corinth HolderFire Departments plans to acquire through lease purchase a pumper truck fromEmergency-One, at a cost of 126,3729 Agreement with Caterpillar, Inc - Exchange of PropertyCounty Manager, Richard B Self, informed the Board that Caterpillar, Inchas provided land for the Countys new sewer lift station with the understandingthat the County would deed to Caterpillar the property on which the old,discontinued lift station was locatedFollowing discussion, Commissioner James W Cash moved the Boardapprove the agreement for the exchange of property with Caterpillar, Inc betweenthe old sewer lift station and the new lift station property Commissioner Jerry FWood seconded the motion, which carried by unanimous vote10 Request to Obtain Water from Harnett CountyThe Board discussed a request from Danny Watkins, Sr to obtain waterfrom Harnett Countys East Central Water Sewer District The water districtwould extend a line approximately 16 miles east along SR 1313, Massengill PondRoad to Mr Watkins propertyFollowing discussion, Commissioner Cecil M Massengill moved the Boardapprove the request from Danny Watkins, Sr to obtain water from HarnettCountys East Central Water Sewer District contingent upon a buy-backagreement whereby Harnett County would agree to sell Johnston County thewater line at a depreciated value, based on Harnett Countys expense, in the eventJohnston County ever extends water to that area of the County CommissionerCookie Pope seconded the motion which carried by unanimous vote11 Budget Matters ApprovedUpon a motion by Commissioner Jerry F Wood, seconded by CommissionerJames W Cash and carried by unanimous vote, the Board approved the followingbudget mattersA Education1 Approval of transfer of 838,287 from the current expense fund balanceto the capital outlay budget2 Budget Amendment to budget ADM money paid to Johnston County forWilsons Mills SchoolElExpenditure Increase17 66259007 Capital Construction Reserve 862,73310Revenue Increase17 32308300 State ADM Construction Fund 862,73310B Sheriffs Department - AmendmentExpenditure - Control Substance Tax Monday from State10 51004300 Special Services 13,36250Revenue Increase10 34331200 Control Substance Tax 13,36250C Emergency Management - AmendmentExpenditure Increase - Federal HMTA funds for LEPC Admin costs10 53001411 Planning Grant HMTA 20000Revenue Increase10 35838200 Emergency Management Revenue 20000D Health Department - AmendmentExpenditure Increase -CDC grant fds through UNC-CH - Safe DatesProgram10 59207400 Capital Outlay - Adult Health 10,027Revenue Increase10 3519821 CDC Univ of NC at Chapel Hill 10,027E HAPP -AmendmentExpenditure Increase - Increase due to fed regulationss since 1994-95budgetFed HUD Sec 8 #4715 HAPP Payments 83,400Revenue IncreaseFed HUD Sec 8 #2210 Annual Contrib from HUD 83,400moneyF Mental Health Department - AmendmentExpenditure Increase - To budget local fds in anticipation of state fedSupplies Materials16,322Current Obligations Services29,674Fixed Charges Other6,200Capital Outlay3,751Contracts, Grants, Other Subsidies10,590Expenditure DecreasePersonal Services24,774TOTAL41,763Revenue IncreaseSubstance Abuse Assessments Fees575Interest Income18,810State Funds19,878Federal Funds2,500TOTAL41,763G Public Utility Department - AmendmentExpenditure Increase -Fds from appliance disposal tax to buy disposalequip66 58504505 Cont Services - Appliance 15,00066 58507400 Capital Outlay 30,000Revenue Increase66 38108240 Appliance Disposal Tax 45,000Expenditure Increase - Fds from tire disposal tax to cover cost of tiredisposal66 58604500 Cont Services - Tire Disposal 24,000Revenue Increase66 38158400 State 2 Tire Tax 24,000H Economic Development - AmendmentExpenditure Increase - Relocation of water lines pump station -Bayerproperty10 67007360 Miles Laboratories 210,000Revenue Increase10 31008200 Ad Valorem Taxes - Current 210,000R12 Appointments ApprovedA Planning BoardUpon a motion by Commissioner Cecil M Massengill, seconded byCommissioner Jerry F Wood and carried by unanimous vote, the Boardreappointed W Bryant Wellons and Timothy L Adams, and appointed Johnny DWeaver to the Johnston County Planning Board for three year terms to expireMay, 1998B 50 -210 Fire Protection District CommissionUpon a motion by Commissioner Jerry F Wood, seconded by CommissionerCecil M Massengill and carried by unanimous vote, the Board reappointed JimParrish, Earl Honeycutt, and T O Noles to the 50-210 Fire District Commissionfor two year terms to expire May, 199713 Recreation Grant - Change in ProjectUpon a motion by Commissioner Cookie Pope, seconded by CommissionerCecil M Massengill and carried by unanimous vote, the Board approved a requestfrom Cleveland Middle School Booster Club to change the project on theirrecreation grant #9495-36 to include a batting cage and equipment for soccer14 Public Hearing Rezoning CasesAdvertised April 20, 27, 1995 - Johnstonian SunCertified letters were mailed to adjoining property owners on April 18,1995 and notices were posted at the locations on April 20, 1995The Chairman opened the public hearing and invited anyone who wishedto address the Board on the following rezoning requestsA CASE #121 -Petition to rezone several parcels totalling approximately391 acres in Wilders Township from AR R-40 to AR R-40 Special UseDistrict Applicant W Odell Edwards Granville Farms Tracts are asfollows approximately 40 acres on SR 1701; 3 tracts approximately 109acres, approximately 47 acres and approximately 57 acres at theintersection of SR 1701 and SR 1716; approximately 75 acres atintersections of SR 1701 and SR 1742 and at intersection of SR 1741 and SR1742; approximately 13 acres on SR 2104; and approximately 50 acres onSR 1718Those wishing to be heard concerning CASE 121 were sworn in by the ClerkJeff Coutu, Planning Director, pointed out the various tracts on a map Heexplained that Mr Odell Edwards wishes to apply sludge on these tracts of landKenneth Davis, resident on SR 1718, stated he contacted the CountyPlanning Department and State and EPA officials concerning this rezoning anddid not receive, in his opinion, satisfactory answers concerning what affect thiswould have on the surrounding area concerning ground water, odor, and potentialdisease He asked the Board to deny the requestOdell Edwards, applicant, informed those present that he has a familyfarming operation and would do nothing to contaminate the land or otherwiseharm the area He is applying for permission to apply 150 lbs of nitrogen per acretwice a year to his property as fertilizer The supplier, Granville Farms wouldapply the sludge on Mr Edwards property He noted the use of organic instead ofchemical fertilizer is an accepted and responsible farming practice and a way toreuse a waste product He voiced regret and concern that his neighbors werenotified by the Planning Department of his application, but were not provided, inhis opinion, the facts concerning land application of sludge He asked that theylisten to the factual information provided by representatives from the State, DrBob Rubin from NC State University and Carolyn McKaskell, Engineer with theNC Department of Environment, Health and Natural ResourcesnoMarcia Richardson, spoke on behalf of her family who owns a farm adjacentto some of Mr Edwards property She voiced concern that the lands value woulddecrease and asked the Board to deny the requestBill Conley, president of Lake Wendell Fishing Club, stated that the Townof Wendell used to put their sewage in Buffalo Creek which caused pollution inLake Wendell The club and other interested individuals have worked hard to getBuffalo Creek cleaned up so that the lake stays clean He opposed the rezoningbased on the fear that run off from the sludge would again pollute Buffalo creekand Lake WendellWalter Pelos presented a petition with signatures of 150 people opposing therezoning Mr Pelos questioned the affect this could have on well water and onwildlife in the areaHenry Eatman stated, in his opinion, it would not be beneficial to JohnstonCounty to bring sludge in from Wake County Peggy Lee Davis spoke on behalf of her mother who lives in the area Shequestioned the affect runoff from Mr Edwards property would have on hermothers well Ms Davis stated she is familiar with some property in WakeCounty where sludge is being applied, and there is a bad odor from the land Shealso questioned the method for monitoring for chemicals which would be done byMr Edwards, not the statePaul Tippitt asked why, if there is no harm in this sludge, is it not allowedat the landfill He asked the Board to deny the request Teresa Pully voiced respectfor Mr Edwards, but also questioned why sludge is no longer allowed in thelandfill She stated that, in her opinion, there are not enough answers to all thequestions She asked the Board to deny the requestDavid Sedesky, adjoining property owner, voiced several concerns thewildlife who graze on this property then feed their young; the odor; the affect onsurrounding well water; and the environment in generalCatherine Lassiter questioned how this would be beneficial to anyone in thearea except Mr Edwards She referenced with concern the chemical by-productswhich are mentioned in the State permit She asked what role Granville Farmswould have in this operationChris McKreedy stated he has worked in the wastewater business for manyyears and is opposed to Mr Edwards request Rick Barnes, stated that, in hisopinion, his 95 acres adjacent to Lake Wendell would lose value He opposed therezoningDavid Richardson stated that from what he has been able to learn, no onecan say for sure that land sludge application would be safe He noted that he hassubdivided his property and sold lots He stated he would not like to see somethingdone that would create an odor or put poison in the ground that could hurt him orthose to whom he sold property As a friend, he asked Mr Edwards to considerwithdrawing his applicationClarence Kirk, stockholder in Lake Wendell, voiced concern that the lakewould be polluted if Mr Edwards is allowed to apply sludge in the area Hequestioned why signs have to be erected and the land cant be used for harvestingcrops for 38 months if the application is safe He asked the Board to deny therequestOthers who opposed the rezoning were Woody Simmons, Edward Abrams,Proctor Hinnant, Roger Lassiter, Charles McDonald, Shirley Chavis, ShirleyCorbett, Edith Kirk, Lillie Wood, Phyllis Edwards, Linda Bishop, Rebecca Davis,Evel Davis, Jacqueline Davis, Margaret Davis, Ransome Thompson, ColumbusRichardson, Iris Lusk, Kendrick Edmundson, Norman Merrell, Ray Avery, BeckWergers, Jim Sizemore, Thomas Whitley, John Miles, Mozelle Creech, HowardKennedy, Tim Casey, Ramona Phillips, Rosemary Tant, Margie Wall, Bill Hinnant,Michell Duke, James W Perry, Jr, Roger Trueblood, and James W Perry, SrhEva Liles, former council member of the Town of Wendell, stated she wassurprised and concerned by the language in the states permit After reading thewarnings and requirements restricting use of the land following sludgeapplication, Ms Liles stated she feels this would not be good for the communityDr Bob Rubin, Professor at NC State University, pointed out the EPAprogram for land application of sludge took 15 years to develop and is a risk basedprogram Many researchers across the country wrote the program to assure safetyin the way this is applied and used Concerning the levels of metals and pathogensmentioned in the permit, Dr Rubin explained these figures represent permittedcumulative levels, instead of one-time levels He further explained the material isallowed in the new lined landfills, and the restriction on grazing for 30 daysfollowing application is to give time for grain to growDr Rubin explained that sludge is classified either Class A or Class Bdepending on the pathogen levels present, with nitrogen being the limitingmaterial in this situation Class A, which has had a greater level of treatment, canbe used by anyone in the same manner as any fertilizer, Class B sludge, if properlyapplied, can also be used by permitCarolyn McKaskell, Engineer with the NC Department of Environment,Health and Natural Resources, stated her office issued the permit to Brian Smithof Granville Farms Ms McKaskell noted that sludge is a beneficial reuse material,which when properly applied and monitored, does not contaminate the land TheState has been issuing permits since the 1970s with no incidence ofcontamination She gave a brief history of how sludge was handled prior to thepresent regulations The current permit restrictions provide extensive buffers toprotect residential areas, wells, rivers and streams, and strict penalties forfalsifying information are in place to assure that owners provide accurate reportsfrom the monitoring wells Ms McKaskell explained there should be little odor,only a musky, rich dirt smell If odor becomes a problem, it should be reported Inresponse to a question from Commissioner Eleanor N Creech, Ms McKaskillstated she believes the sludge applied to Mr Edwards property would most likelybe Class B sludge since it required permittingBrian Smith, owner of Granville Farms, stated he has been in the sludgemanagement business since 1989 He explained the sludge for Mr Edwardsproperty would come from the Town of Zebulon which has a new waste treatmentplant, and would not be applied next to the lake or any stream He noted he doesnot accept sludge if there is a strong odor He invited anyone interested to visit hisfarm in Granville County where he has been applying sludge for many years, orany of the farms between Elizabeth City and Roxboro where he applies sludgeCommissioner Cookie Pope asked what cost savings this provides for thefarmer Mr Smith replied there is no cost for sludge, the farmer is saved the costof commercial fertilizer The towns pay Mr Smith to take the productCommissioner Eleanor N Creech stated the major concern of the people, asshe understands it, is the safety factor with the use of bio-solids sludge ascompared with commercial fertilizer She noted the people are currently usingcommercial nitrogen on their property and need to be assured this would be assafeMr Smith responded that he too is concerned with safety, and for thatreason, he or one of his sons is always present when the sludge is being applied toassure that all precautions are taken The only problem is there is no control overthe wastewater plant where the sludge comes from; therefore, he insists that ananalysis is always doneChairman Norman C Denning thanked everyone for their comments Hestated the Board would study the matter and make a decision at the regularmeeting on June 5thB CASE #122 - Petition to rezone approximately 16 acres located on SR1517 Sanders Road in Pleasant Grove Township from AR R-40 toCommunity Business Applicant James and Brenda StephensonN660Jeff Coutu pointed out the property on a map and read a letter in supportfrom neighbor David LassiterMs Stephenson stated she wishes to operate a day care center and showeda blueprint of the proposed facilityAnn Robinson, neighbor, spoke in support stating the area is growing anda day care center would be welcomeC CASE #123 - Petition to rezone approximately 25 acres located on USHwy 301 in Smithfield Township from AR R-40 to General BusinessApplicant Sallie JacksonJeff Coutu indicated the tract to be rezoned on a map and explained theproperty is adjacent to Holt Lake BarbequeChairman Norman C Denning noted he has heard from the gentleman whoowns the neighboring business and, although he informed Chairman Denning thathe would not be opposed to the rezoning, he is concerned about the large drums onthe back of the property and wants to know if a buffer will be erected to hide thisfrom his propertyApplicant and current owner, Sallie Jackson, introduced Mr Billy Johnsonwho has an option to buy the property Mr Johnson stated he plans to put aprivacy fence across the back of the property and down the Holt Lake Barbequeside He also explained the drums are temporarily being stored on the propertyand will be removedThere being no further comments, the Chairman closed the public hearing15 Decisions on Rezoning RequestsA CASE #121 -Petition to rezone several parcels totalling approximately391 acres in Wilders Township from AR R-40 to AR R-40 Special UseDistrict Applicant W Odell Edwards Granville FarmsThe Board postponed a decision on Case #121 until the June 5th boardmeetingB CASE #122 - Petition to rezone approximately 16 acres located on SR1517 Sanders Road in Pleasant Grove Township from AR R-40 toCommunity Business Applicant James and Brenda StephensonUpon a motion by Commissioner Cecil M Massengill, seconded byCommissioner Cookie Pope and carried by unanimous vote, the Board approvedrezoning Case #122 for James and Brenda Stephenson - 16 acres on SR 1517 inPleasant Grove Township from AR R-40 to Community BusinessC CASE #123 - Petition to rezone approximately 25 acres located on USHwy 301 in Smithfield Township from AR R-40 to General BusinessApplicant Sallie JacksonUpon a motion by Commissioner Cecil M Massengill, seconded byCommissioner Jerry F Wood and carried by unanimous vote, the Board approvedrezoning Case #123 for Sallie Jackson for 25 acres located on US Hwy 301 inSmithfield Township from AR R-40 to General Business16 Public Hearing - Application for Special Use PermitThe Chairman opened the public hearing and invited anyone who wishedto address the Board on the following request for a special use permit9CASE #121 - Petition to rezone several parcels totalling approximately 391acres in Wilders Township from AR R-40 to AR R-40 Special Use DistrictApplicant W Odell Edwards Granville FarmsUpon a motion by Commissioner Eleanor N Creech, seconded byCommissioner Jerry F Wood and carried by unanimous vote, the Board recessedthe public hearing until a decision in made on the rezoning requests at the June5, 1995 board meeting17 Board of Equalization and Review - 2 00 pmThe Board of Commissioners were sworn in as the Board of Equalizationand Review by Clerk of Superior Court, Will R CrockerIn order to hear requests from members of the audience that were scheduledearlier on the agenda but have not been heard due to the length of the previouspublic hearing, Commissioner Jerry F Wood moved the Board of Equalization andReview be recessed and the Commissioners resume regular sessionCommissioner Eleanor N Creech seconded the motion which carried byunanimous vote18 Rescue Squads - PresentationDonald Holland, president of the Johnston County Rescue Association,addressed the Board on the funding problems the rescue squads are having Evenwith the membership dues and the billing program, the squads are short of fundsMuch of this is due to the cost of paid daytime personnel He asked the Board forconsideration of the followingREQUESTS• four 25,000 contributions for ambulances this year instead of two asin previous years Selma and 50-210 are scheduled for replacement, butClayton and Smithfield also need new ambulances• increase in membership dues from 40 to 50 per year in accordancewith the surrounding counties• increase rate of calls to 300 plus mileage to bring in line withsurrounding counties and private services - current rate is 100 forbasic level service and 175 plus expenses for advanced level servicePROPOSALS FOR FUTURE FUNDING• levy a rescue tax that would vary for each district, depending on needs,and discontinue monthly contributions and annual allocations forambulances, or• provide each squad 50,000 per year and delete monthly contributionsand annual ambulance allocationsMr Holland explained that in order to keep the same level of service,additional revenue is necessary for all squads Equipped ambulances now costbetween 75,000 and 100,000 and two daytime persons costs between 44,000and 48,000 per yearCommissioner Eleanor N Creech, commissioner representative with theRescue Association, thanked the volunteers for the service they provide She notedthe figures would be even worse if it wasnt for the volunteers She assured MrHolland the Board would do all they canMr Holland asked the Board to consider the increase in membership duesat this time so the forms can be printedFollowing discussion, Commissioner Eleanor N Creech moved the Boardapprove an increase in the countywide rescue membership dues from 40 to 50,effective July 1, 1995 Commissioner Jerry F Wood seconded the motion whichcarried by unanimous vote1019 Ballfield Ling Request - KAPARCMike Lowe with the Kenly Area Parks and Recreation Corp KAPARCasked the Board for assistance in placing lights on one of their ballfields Mr Loweexplained that in the past, KAPARC has used the lighted field on the Glendale -Kenly Elementary School property, which is adjacent to the park; however, sincethe school fire, that field is now being used for mobile classrooms He noted thesummer ball programs in Kenly have grown and the one lighted field they have isnot sufficientChairman Norman C Denning explained the County has a policy to assistin bringing lighting systems on school ballfields up to standard; however they havenot done this for any fields outside the school systemMr Lowe responded that, in his opinion, this situation is different becauseit resulted from one catastrophe which no one could have foreseenFollowing discussion, Chairman Denning informed Mr Lowe that the Boardwould take this request under advisement when they discuss the budget for thecoming year20 Board of Equalization and Review ResumedUpon a motion by Commissioner Cookie Pope, seconded by CommissionerEleanor N Creech and carried by unanimous vote, the Board recessed regularsession and resumed session as the Board of Equalization and ReviewJames Tyner, Interim Tax Administrator, presented the following requeststo the Board for their consideration1 R Keith Barefoot for Rossie B Barefoot- Parcel # 14N99018, SelmaTownship, present value 42,320 Request Refund of 32040 forduplicate listing over the past five years Discovered by MappingDepartment Tax Dept Recommendation No recommendationUpon a motion by Commissioner James W Cash, seconded by CommissionerCecil M Massengill and carried by unanimous vote, the Board refunded R KeithBarefoot for Rossie B Barefoot, 32040 for duplicate listing of property for a fiveyear periodPersonal Prope21y 1fX a1JWYWWi9h 03mn,vner listed assets incorrectly Thishas been corrected for 1994 - Owner is requesting refund for 5 years inthe amount of 13,83089 Tax Dept Recommendation No refundbasedon General StatutesUpon a motion by Commissioner James W Cash, seconded by CommissionerJerry F Wood and carried by unanimous vote, the Board denied Sam E Floyd forWYEDTV a request for refund for taxes paid in the past five years due toincorrectly listed assets3 Raymond C Talton - Parcel 15J08017, Smithfield Township Requestrequest interest refund in the amount of 6332 on deferred taxstatements for a 4 year period Tax Dept Recommendation No refundbased on General StatutesUpon a motion by Commissioner Cecil M Massengill, seconded byCommissioner John M Booker and carried by unanimous vote, the Board deniedrefund of interest in the amount of 6332 on deferred tax statements for RaymondC Talton4 Lucius S Jones - Parcel #16J02047, Wilders Township CurrentDeferred Use Value 58,030 Request Based on comparison with othercounties, owner requesting revaluation of his property for 1994 TaxDept Recommendation No change based on General StatutesCommissioner John M Booker moved the Board deny the request from Lucius SJones for a revaluation on his property in Wilders Township for the year 1994 as this11was not a revaluation year Commissioner Cecil M Massengill seconded the motionwhich carried by unanimous vote5 Glenn Worley - Parcel #15036046, Smithfield Township Current Value84,310 Request Refund of 21316 for tax year 1993 due to a clerical errorbased on incorrect measurements Tax Dept Recommendation No refund -Permanent listing of real property does not provide for refund for prioryearsUpon a motion by Commissioner John M Booker, seconded by CommissionerJerry F Wood and carried by unanimous vote, the Board approved refund in theamount of 21316 to Glenn Worley for a clerical error on his 1993 tax bill6 Timothy A Batten for Thomas Batten - Parcel #11M04012, OnealsTownship, present value 25,900 Request Refund of 34338 for 1993 dueto a split in the property in error by County GIS office Tax DeptRecommendation No refund - Permanent listing of real property does notprovide for refund for prior yearsUpon a motion by Commissioner Jerry F Wood, seconded by CommissionerCookie Pope and carried by unanimous vote, the Board approved a refund on 1993taxes in the amount of 34338 for Timothy A Batten for Thomas Batten as theproperty was inadvertently split into two parcels by the County GIS Department7 Lane and Boyette, Attys, LC Wilkinson Jr Heirs - Parcel #03006021,Beulah Township, current value 2,000 Request refund of 10680 fortaxes paid 1989-1994 - Town of Kenly discovered in 1994 that they ownedthe property Wilkinson had been using the property for many years andcollecting rental from a mobile home they placed on the property WhenTown took possession, heirs request refund of taxes Tax DeptRecommendation No refund - Permanent listing of real property does notprovide for refund for prior yearsUpon a motion by Commissioner Jerry F Wood, seconded by CommissionerEleanor N Creech and carried by unanimous vote, the Board denied refund to LCWilkinson Jr Heirs based on General Statutes which does not allow refund for prioryears on permanent listing of real property,owned by National Terminal Corp - Parcel #14054031A, Selma Township1994 value based on 1987 revaluation 345,920 Request Agent fortaxpayer is requesting release of taxes and interest for tax years 1992-1994based on recent revaluation which lowered the value in 1995 to 183,910Tax Dept Recommendation No change - Non revaluation yearsUpon a motion by Commissioner Cecil M Massengill, seconded by CommissionerJohn M Booker and carried by unanimous vote, the Board denied refund to Greene,Buckley, Jones and Mcqueen, attnys representing parcel #14054031A now owned byNational Terminal Corp as request was for non-revaluation yearsThere being no further cases to be heard at this time, Commissioner Cookie Popemoved the Board of Equalization and Review recess until Monday, June 5, 1995, at 2PM Commissioner Eleanor N Creech seconded the motion which carried byunanimous vote21 Reauest for Sewer Service - John AmanJohn Aman, developer, met with the Board to request sewer service toBroadmoor Subdivision on Cleveland School Road and Hillington Subdivision onCornwallis Road in Cleveland Township Mr Aman proposes to run sewer lines fromthe Countys sewer main to his properties, and turn the lines over to the County uponcompletion He would require a total of 80,000 gpd capacity for these projects12Manager, Richard B Self, explained the County has a total capacity of 600,000gpd This is mostly unallocated except for two schools and two restaurants, however,the area is developing and there is considerable interest in commercial and industrialgrowth He noted the County currently has no policy on residential subdivision use,and recommended that in determining such a policy the County be sure to reservesufficient capacity for industrial and commercial growth22 Town of Smithfield - Request for ETJBob Grant, Planning Director for the Town of Smithfield, addressed the Boardconcerning Smithfields request for extension of their extraterritorial jurisdiction Henoted the Town has grown into their current ETJ and wishes to expand their planningboundaries, in some areas up to approximately two miles He maintained this wouldrepresent the logical growth area for the town and would make it easier for his officeto plan for future services It would also allow Smithfield to oversee the watersupply watershed area, and would clean up the boundaries in accordance withproperty lines He suggested the County has approved similar ETJ expansion for thetowns of Clayton and SelmaMr Grant stated that a public hearing was held by the town and was wellattended by people in the proposed areas He noted that although all people were notsatisfied, he believed the majority had their questions answered Under the proposedexpansion, all properties would initially remain rural and be given zoningclassifications similar to what they have under the CountyIn discussion, County Manager, Richard B Self responded to Mr Grantscomments about recent ETJ expansion for the towns of Selma and Clayton, He statedthe changes in both cases were strictly to make boundary lines conform to propertylines instead of the one mile arc originally drawn It was also pointed out that theGeneral Assembly is currently considering a bill, which would give ETJ residentsvoting rights in town electionsFollowing discussion, Chairman Denning stated the Board would study thisrequest and make a decision at a later meeting23 Clayton Elementary School Project - Award of BidsThe Board reviewed the following bids received on March 21, 1995 for theClayton Elementary School projectGENERAL CONTRACTBordeaux Construction, Durham, NCBase Bid 6,822,595Alt G-1, 112,657 Alt G-2 15,000Alt G-5 34,270 Alt FS-1 500Cabarrus Construction, Charlotte, NCBase Bid 6,694,000Alt G-3 -0- AltG -4 57,050Alt FS-2 4,000 Alt FS-3 3,000Alt G-1 160,000Alt G-2 14,000Alt G-3 3,000Alt G-4 66,800Alt G-5 24,000Alt FS-1 2,000Alt FS-2 3,000Alt FS-3 4,000RP Construction, Raleigh,NCBase Bid 5,981,644Alt G-1 108,770Alt G-2 17,458Alt G-323,189Alt G-4 12,200Alt G-5 4,400Alt FS-1 295Alt FS-2 2,695Alt FS-3 2,015Trafalgar House Construction, RTP, NCBase Bid 6,693,000Alt G-1 90,000 Alt G-2 25,000 Alt G-3 22,000 Alt G-4 132,000Alt G-5 4,000 Alt FS-1 3,82150 Alt FS-2 6,484 Alt FS-3 16,433PLUMBING CONTRACTABC Plumbing, Clayton, NCBase Bid 499,998 Alt P-11,700 Alt P-2 12,20013ACME Plumbing, Durham, NCAlt E-26,105 Alt E-3 12,0006,500Alt E-5Base Bid 472,380Alt P-1250Alt P-21,500Braxton Britt, Wilson, NC25,0002,200Alt E-25,800 Alt E-3 13,200Base Bid 426,900Alt P-1500Alt P-27,200Inman Plumbing, St Pauls, NCAlt E-514,730Base Bid 445,846Alt P-1396Alt P-27,977ZBZ Associates, Virginia Beach, VABase Bid 549,300Alt P-1300Alt P-2500Bolton Corp, Raleigh, NCBase Bid 688,400Alt P-13500Alt P-25,000Southern Piping, Wilson, NCBase Bid 470,700Alt P-1500Alt P-26,000ELECTRICAL CONTRACTH L Electrical, Garner, NCBase Bid 871,681 Alt E-1Alt E-4Robeson Electical, Lumberton, NCBase Bid 845,000 Alt E-1Alt E-4Triple R Electric, Kinston, NCBase Bid 868,000 Alt E-1Alt E-4Watson Electric, Wilson, NCBase Bid 795,251 Alt E-1Alt E-4MECHANICAL CONTRACTCentral of Kinston, Kinston, NCBase Bid 1,074,470Alt M-3 12,450Henry Baker, Wilson, NCBase Bid 1,097,000Alt M-3 13,000Southern Piping, Wilson, NCBase Bid 983,000 Alt M-1WATCO, Raleigh, NCBase Bid 1,162,000Alt M-3 11,8501,000Alt E-26,105 Alt E-3 12,0006,500Alt E-510,0002,500Alt E-29,000 Alt E-3 16,8000-Alt E-525,0002,200Alt E-25,800 Alt E-3 13,2008,500Alt E-515,0002,500Alt E-25,030 Alt E-3 12,8067,850Alt E-514,730Alt M-1 45,500 Alt M-29,000Alt M-1 42,000 Alt M-221,50025,000 Alt M-2 8,500 Alt M-3 12,900Alt M-1 53,000 Alt M-2 8,000Tom Davis, Deputy Superintendent of Administrative Services with the Board ofEducation, and Ray DeBruhl, facilities consultant, were present to discuss the bidsMr Davis explained he has negotiated with the low bidders and recommended awardof the following contracts totalling 8,013,180CONTRACTOR Base Deductions TotalBid Additions BidGeneral ContractorR P Construction Co, IncPlumbing ContractorBraxton Britt Plumbing CoElectrical ContractorWatson Electrical ConstMechanical ContractorSouthern Piping Co, Inc5,981,644- 176,7745,804,870426,900- 16,500410,400795,251 -5,241790,010983,000 +24,9001,007,900Commissioner Cookie Pope voiced reservations about funding the projectbecause of the design of the school She stated that although it was too late to doanything on this school, she would not vote for another school unless it had a simplerdesignCommissioner Pope then presented a proposal to the rest of the Board membersand the press outlining how the County, in her opinion, can find the necessary fundsto build schools without additional taxes on the citizens She referenced State blockgrant funds, which are being considered in the General Assembly, and additionalrevenue from the growth in the County14Commissioner Eleanor N Creech asked Commissioner Pope to elaborate on theblock grants she expects from the General Assembly In response Commissioner Popestated she did not know that much about it, but was hopeful the legislative delegationwould be able to helpCommissioner Creech echoed Commissioner Popes concerns about schooldesigns and asked Mr Davis what the School Board is doing to address this problemMr Davis explained that the School Board is asking a panel of people with technicalknowledge from around the County to assist the staff and design team in makingdecisions about future schools He explained, however, that people do not understandthat there are many state requirements over which the local school board has nochoice Some decisions are also based on sound reasoning to utilize natural resourcessuch as the sun, and often quality materials are used at the time of construction tosave the citizens in the future on repairs, replacements and utilitiesCommissioner John M Booker stressed the importance of not sacrificing theefficiency of these buildings just to come up with a simpler design and scaled-down costof construction Schools have to be built to last a long time and need to be built to beas free of maintenance as possible He stated he felt personally assured the SchoolBoard will address the design problems and maintain the efficiency and overall qualityof the facilitiesCommissioner Cecil M Massengill stated he would support this project, butvoiced reservations about the high cost figures He noted that after talking with stafffrom the school offices, he has been assured that efforts are being made to economizein the future and at the same time preserve the integrity of the facilities being builtCommissioner Massengill stressed the immediate need for a new building for thechildren in Clayton noting their safety and welfare has been a great concern of hisFollowing further discussion, Commissioner James W Cash moved the Boardaward contracts for construction of the new Clayton Elementary School asrecommended by the Board of Education, approve the project ordinance and thefollowing budget amendment for total project cost Commissioner Cash further movedthe Board request the NC Department of Transportation to fund the cost of buildingthe necessary road for this project Commissioner Jerry F Wood seconded the motion,which carried by unanimous voteCONTRACTORGeneral ContractorR P Construction Co, IncPlumbing ContractorBraxton Britt Plumbing CoElectrical ContractorWatson Electrical ConstMechanical ContractorSouthern Piping Co, IncBUDGET AMENDMENTBase DeductionsBid Additions5,981,644 - 176,774426,900 - 16,500795,251 -5,241983,000 +24,900TotalBid5,804,870410,400790,0101,007,900Expenditure Increase17 66259010 New Clayton School 9,500,000Revenue Increase17 39818600 Loan FCB - Clayton School 9,500,00024 Johnston County Water Plant - BidsTim Broome, Engineer with McKim and Creed, discussed with the Board therecent bids for the construction of the Johnston County Water Plant Mr Broomeexplained that he, County Manager, Richard Self, and Public Utilities Director,Haywood Phthisic, met with the low bidders and negotiated the bids downward to bringthe project to budget He noted that a major reduction was arrived at by using existing15transmission lines instead of building new ones He specifically referenced lines builtby the County and currently being used by the Town of Smithfield He stated thatcustomers along these lines would remain Smithfields retail customers, and the Townwould purchase bulk water from the CountyFollowing further discussion, the Board postponed a decision on award of bidsuntil Friday, May 5th25 Water Tap Policy - ClarificationCounty Manager, Richard Self, informed the Board that Linwood Jones,developer, installed an 8 water line on Allen Road to property he intends to develop inthe future The line has now been turned over to the County, and several otherlandowners along Allen Road have expressed a desire to tap on the line for theirsubdivisions County policy has always allowed these tap-ons with the tap fee going backto the developer until the line has been reimbursed; however, the other developers inthis case may use up the capacity of the line before Mr Jones develops his propertyEven though Mr Jones will have been reimbursed his expenses, he will still need watercapacity at a level sufficient for fire flow and adequate water pressure, He has askedfor clarification in the Countys policy as to who would pay for the additional capacityThe Board discussed the situation including a suggestion from the staff that theCounty might escrow the tap fees until there is sufficient funds for a parallel line, shouldthe need ariseFollowing discussion, the Board agreed to study the matter before making adecision26 Landfill Fee Increased to Purchase Additional Property and ContainContaminationThe Board discussed the problem of contamination at the County LandfillHaywood Phthisic, Public Utilities Director, explained the problems are more complexthan earlier believed and stated the County needs to purchase 221 additional acres tocontain the problem Cost of the land and additional clean-up can be covered byincreasing the landfill fee by 1 per ton, from 27 to 28 tonFollowing discussion, Commissioner Jerry F Wood moved the Board increase thelandfill tipping fee from 27 ton to 28 ton effective July 1, 1995Commissioner Eleanor N Creech seconded the motion, which carried byunanimous vote27 Public Hearing Set - Taxing District for Moccasin Creek Drainage DistrictThe Board called for a public hearing for Tuesday , June 6, 1995, at 730 pm inthe old Superior Court Room to hear public opinion on establishment of a taxing districtfor the Moccasin Creek Drainage District28 Closed Session - Consult with AttorneyUpon a motion by Commissioner James W Cash, seconded by CommissionerEleanor N Creech and carried by unanimous vote, the Board recessed regular sessionto meet in closed session for the purpose of consulting with an attorney to preserve theattorney-client privilege on specific potential lawsuitsRegular Session ResumedUpon a motion by Commissioner Cookie Pope, seconded by Commissioner EleanorN Creech and carried by unanimous vote, the Board adjourned closed session andresumed regular session1629 Authorization to Proceed with CondemnationUpon a motion by Commissioner James W Cash, seconded by Commissioner JohnM Booker and carried by unanimous vote, the Board authorized the County Managerand Attorney to proceed with notification of condemnation on several properties wherethe County has been unable to obtain easements for the Hopewell Pisgah Water Districtand on a strip of property owned by Glenn Laurel, which is needed for providing waterand sewer for the Clayton Elementary School30 Combaction Site Decals - Increased from 35 to 40The Board discussed the possibility of increasing the costs of compaction sitedecals to cover part of the cost of operation of the sites It was explained that the presentcost of 35 pays only for the disposal at the Countys landfillIn an effort to shift some of the cost of operation of the Countys compaction sitesfrom citizens tax dollars to user fees, Commissioner Cecil M Massengill moved theBoard increase the price of the compaction site decals from 35 to 40 CommissionerJames W Cash seconded the motion, which carried by unanimous voteThere being no further business at this time, Commissioner Jerry F Wood movedthe Board recessed until Friday, May 5, 1995, at 830 am Commissioner John MBooker seconded the motion, which carried by unanimous voteNorman C Denning, ChairmanJoyce H Ennis, ClerkDetailsAnnotationsEntry PropertiesModified11192013 23713 PMCreated4152003 95239 AMTemplateMinutesFieldsMinutes - TypeRegularMinutes - Date511995Book20