February 6, 1995 - 10:00 AM - County Board of Commissioners Meeting Minutes

February 6, 1995The Johnston County Board of Commissioners met in regular session Monday,February 6,1995, 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, Eleanor N Creech, Cecil MMassengill 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 was transacted1 MinutesThe Chairman asked if there were any corrections to the minutes of the January 3, 17,and 24, 1995 board meetings There being no corrections, the Chairman declared the minutesapproved as presented2 Library - Request for Funding for AutomationJoyce Mitchell, Director of the Public Library of Johnston County and Smithfield,explained the proposed automation would connect the library in Smithfield with each of theaffiliate libraries in the County to provide quick and accurate access to all materials availablecountywide It would allow each library to operate more efficiently and assist patrons moreeffectivelyMs Mitchell stated the total cost of the system is estimated at 222,920 The LibraryBoard of Trustees is requesting a commitment of 100,000 from the County over a two yearperiod, 60,000 in FY 95-96 and 40,000 in FY 96-97 The remaining funds would come fromthe Town of Smithfield, 35,000; fund raising in the amount of 37,920; and a State Grant,which the library would apply for in the amount of 50,000 She noted they can only apply forthe grant if they have firm commitments for the major portion of the costsIn response to a question concerning the proportionate amounts being requested fromthe County and the Town of Smithfield, Ms Mitchell stated that population and library usagefigures were used to determine the requestsSybil Champion, Chairman of the Board of Trustees for the Clayton Library, reinforcedwhat Ms Mitchell said about the need for automationFollowing further discussion, Chairman Denning informed Ms Mitchell the Boardwould consider the request and make a decision later in the meeting3 Public Hearing Rezoning CasesAdvertised The Smithfield Herald - January 24, 31, 1995Certified letters were mailed to adjoining property owners on January 24, 1995 andnotices were posted at the locations on January 26, 1995The Chairman opened the public hearing and invited anyone who wished to address theBoard on the following rezoning requestsCASE #115 Petition to rezone approximately one acre located on Reedy Creek RoadSR 1332 in Elevation Township from AR R-40 to General BusinessApplicant Bruce W ThompsonCASE #116 Petition to rezone approximately 15 acres located on Jumping Run RoadSR 1118 in Meadow Township from AR R-40 to Light IndustrialApplicant Donnie and Helen JohnsonJeff Coutu pointed out these properties on a map There were no persons present toaddress the Board on these casesAs the following two cases involved rezoning to special use districts, those who wishedto address the Board were sworn in by the ClerkCASE #118 Petition to rezone approximately one acre located on Medlin Road SR1715 in Wilders Township from AR R-40 to General Business SpecialUse District Applicant J T SmithMr Coutu indicated the property on a map and noted Mr Smith plans to operate a fireextinguisher business and an embroidering shop at the site111CASE #108 Case originally heard 1294; Sent back to Planning Board 195Brought Back from Planning Board at this time with a change inacreage; Petition to rezone approximately 1 acre located on NorthShiloh Church Road SR 1526 in Cleveland Township from AR R-40 toGeneral Business Special Use District Owners Kenneth and MarthaHiggins, Applicant Sharon Mastafiak, DVMMr Coutu pointed out the revised 1 acre tract now being requested for rezoning toGeneral Business Special Use District The applicant plans to build a veterinary hospital onthe siteSharon Mastafiak, DVM, stated she is satisfied with the revised area She noted thatwith the smaller rezoned area, she will connect to the Countys sewer system, which shouldanswer some of the other concerns of the neighborhoodThere being no further comments, the Chairman closed the public hearing4 Decisions on Rezoning RequestsCASE #115 Petition to rezone approximately one acre located on Reedy Creek RoadSR 1332 in Elevation Township from AR R-40 to General Business Applicant BruceW ThompsonUpon a motion by Commissioner Cecil M Massengill, secondedby Commissioner JamesW Cash and carried by unanimous vote, the Board approved rezoning case #115 for Bruce WThompson for one acre on Reedy Creek Road in Elevation Township from AR R-40 to GeneralBusinessCASE #116 Petition to rezone approximately 15 acres located on Jumping Run RoadSR 1118 in Meadow Township from AR R-40 to Light Industrial Applicant Donnieand Helen JohnsonUpon a motion by Commissioner Cecil M Massengill, seconded by Commissioner JerryF Wood and carried by unanimous vote, the Board approved rezoning case #116 for Donnieand Helen Johnson for 15 acres on Jumping Run Road in Meadow Township from AR R-40to Light IndustrialCASE #118 Petition to rezone approximately one acre located on Medlin Road SR1715 in Wilders Township from AR R-40 to General Business Special Use DistrictApplicant J T SmithCommissioner Cecil M Massengill moved the Board approve rezoning case #118 for JT Smith for one acre located on Medlin Road in Wilders Township from AR R-40 to GeneralBusiness Special Use DistrictCommissioner Eleanor N Creech seconded the motion which carried by the followingvoteYes Norman C Denning, John M Booker, James W Cash, Jerry F Wood, EleanorN Creech, and Cecil M MassengillNo Cookie PopeCASE #108 Petition to rezone approximately 1 acre located on North Shiloh ChurchRoad SR 1526 in Cleveland Township from AR R-40 to General Business Special UseDistrict Owners Kenneth and Martha Higgins Applicant Sharon Mastafiak, DVMCommissioner Cecil M Massengill moved the Board approve rezoning case #108 forKenneth and Martha Higgins for one acre on North Shiloh Church Road in ClevelandTownship from AR R-40 to General Business Special Use DistrictCommissioner John M Booker seconded the motion and the following discussionensuedCommissioner Booker stated he has reviewed the plans for Dr Mastafiaks veterinaryhospital and found that every effort has been made to control odor and noise and beenvironmentally safe Commissioner Eleanor Creech agreed and stated she was pleased theacreage was reduced and the facility will be on public sewerCommissioner Cookie Pope remarked that since there are 29 petitioners opposing therezoning and there is already a veterinary hospital in the area, she would oppose the rezoningbased on the use not being compatible with the propertyThe motion carried by the following voteYes Norman C Denning, John M Booker, Cecil M Massengill, James W Cash,Eleanor N Creech, and Jerry F WoodNo Cookie Pope6675 Public Hearing Immediately Following Rezoning Hearing-Special Use PermitRequestsAdvertised The Smithfield Herald - January 24, 31, 1995Certified letters were mailed to adjoining property owners on January 24, 1995 andThe Chairman opened the public hearing and invited anyone who wished to address theBoard on the following applications for a Special Use PermitCASE #118 Petition to rezone approximately one acre located on Medlin Road SR 1715 inWilders Township from AR R-40 to General Business Special Use District Applicant J TSmithCASE #108 Petition to rezone approximately 1 acre located on North Shiloh Church RoadSR 1526 in Cleveland Township from AR R-40 to General Business Special Use DistrictOwners Kenneth and Martha Higgins Applicant Sharon Mastafiak, DVMChairman Denning addressed the following questions to Jeff Coutu, County PlanningDirector concerning Cases #118 and #1081 Mr Coutu, was a pre-application conference held by the Planning Departmentwith the applicants Response Yes, Sir2 Did the applicants meet the requirements at that time by providing a sketch planillustrating the location, size and major design elements of the development of thesites Response Yes, Sir3 Did your department prepare an analysis of the applications including conformitywith zoning, subdivision, soil erosion and sedimentation, and health regulationsResponse Yes we did4 Did the Planning Board advertise and hold a hearing open to the public ResponseYes, Sir5 Was written certification sent to the adjacent property owners in a timely fashionResponse Yes it was6 What is the recommendation of the Planning Board Response The PlanningBoard recommends abbroval of the applications for special use hermits for CaseChairman Are there any conditions attached Response No sirChairman Mr Coutu, please read to this Board the summary of the evidencesupporting the Planning Boards recommendations Response Mr Coutu read the- ,­;1,___ _V 1- 4-1- _DI_ _- R, A1 Special use is for a fire extinguisher business and embroidering shopfor monogramming2 The use will promote the public health, safety and general welfare,if located where proposed and developed and operated according tothe 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 CountyCASE #1081 Special use is for an animal hospital connected to public sewer2 The use will promote the public health, safety and general welfare,if located where proposed and developed and operated according tothe 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 applicants in writing of the Planning Boardsrecommendation Response Yes, Sir8 Are the applicants 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 Are the applicants aware that the right of appeal to the Board of Adjustmentmust be exercised within thirty 30 days of this date Response Yes, Sir10 Are the applicants aware that the permit will expire at the end of twelve 12months if it is not used as permitted within that time period Response Yes,SirThere being no further comments, the Chairman closed the public hearing6 Decision on Special Use Permit ApplicationCASE #118 Special use permit application for afire extinguisher and embroideringbusiness located on approximately 1 acre on Medlin RoadUpon a motion by Commissioner Cecil M Massengill, seconded by Commissioner JerryF Wood and carried by unanimous vote, the Board authorized the Planning Department toissue a special use permit to J T Smith allowing a fire extinguisher and embroideringbusiness on a one acre tract on Medlin Road in Wilders Township based on the followingfindings of factIli1 Special use is for a fire extinguisher business and embroidering shop formonogramming2 The use will promote the public health, safety and general welfare, if locatedwhere proposed and developed and operated according to the site plan assubmitted3 The use will maintain the value of contiguous property4 The use is in compliance with the general plans for the physical development ofJohnston CountyCase #108 Special use permit request for a veterinary hospital on approximately 1 acreon North Shiloh Church Road in Cleveland Township Owners Kenneth and MarthaHiggins Applicant Sharon Mastafiak, DVMCommissioner Cecil M Massengill moved the Board authorize the County PlanningDepartment to issue a special use permit to Kenneth and Martha Higgins, owners, and SharonMastafiak, applicant, allowing a veterinary hospital on the 1 acre tract located on North ShilohChurch Road in Cleveland Township, based on the following findings of fact1 Special use is for a animal hospital connected to public sewer2 The use will promote the public health, safety and general welfare, if locatedwhere proposed and developed and operated according to the site plan assubmitted3 The use will maintain the value of contiguous property4 The use is in compliance with the general plans for the physical development ofJohnston CountyCommissioner John M Booker seconded the motion which carriedby the following voteYes Norman C Denning, John M Booker, James W Cash, Jerry F Wood, EleanorN Creech, and Cecil M MassengillNo Cookie Pope7 Resolution Modification to Installment Purchase Contract - New Clavton SchoolThe Chairman of the Board of Commissioners the Board stated that one of thepurposes of the meeting was to consider and take action on a resolution concerning theexecution and delivery of a modification to the Installment Purchase Contract dated as ofSeptember 20, 1994, by and between the County of Johnston, North Carolina the County and First-Citizens Bank and Trust Company the Bank to provide additional funds for theconstruction, installation and equipping of a new school in Clayton, North Carolina theSchool RESOLUTION APPROVING THE MODIFICATION TO THEINSTALLMENT PURCHASE CONTRACT ANDAUTHORIZING THE EXECUTION AND DELIVERY OFDOCUMENTS IN CONNECTION THEREWITHWHEREAS, there have been available at this meeting drafts of the following1 Modification of Installment Purchase Contract the Amendment between theCounty and the Bank; and2 Registered Promissory Note the Note in the original principal amount of2,000,000 to be executed by the County and dated the date of its executionWHEREAS, the North Carolina Local Government Commission has previously approved theCountys application to finance the acquisition, construction, renovation and equipping of theSchool on July 28, 1994, in an amount up to 9,500,000; andWHEREAS, on September 20, 1994, the County executed and delivered an InstallmentPurchase Contract between the County and the Bank relating to the acquisition, constructionand equipping of the School, and issued its Registered Promissory Note in the principal amountof 7,500,000; andWHEREAS, the Board desires to approve the Amendment, the Note and other relateddocuments and to authorize other actions in connection therewithNOW, THEREFORE, BE IT RESOLVED by the Board, as follows1 All actions of the County to effect the proposed financing are hereby approved,ratified and authorized pursuant to and in accordance with the transactionscontemplated by the documents referred to above2 The Amendment and the Note, in the form submitted to this meeting, arehereby approved, and the Chairman of the Board, the County Manager, theFinance Officer and the Clerk to the Board, as the case may be, are herebyauthorized and directed to execute and deliver each of those documents onbehalf of the County, with such changes, insertions or omissions as they mayapprove, their execution thereof to constitute conclusive evidence of theirapproval111The Chairman of the Board, the County Manager, the Clerk to the Board, theFinance Officer and the County Attorney are hereby authorized to take any andall such further action and to execute and deliver such other documents as maybe necessary or advisable to carry out the intent of this Resolution and to effectthe installment financing pursuant to the Amendment, including the form8038G to be filed with the Internal Revenue ServiceThe obligations of the County under the Agreement and the related Note areherebyy designated as qualified tax-exempt obligations for purposes of Section265b3 of the Internal Revenue Code of 1986, as amended the Codea The Board will in no event designate more than 10,000,000 ofobligations as qualified tax-exempt obligations in 1995 including theobligations hereby approved, for the purpose of such Section 265b3;b The County and all its subordinate entities within the meaning ofSection 265b3 of the Code have not issued more than 10,000,000 oftax-exempt obligations in 1995 not including private activity bonds,as defined in Section 141 of the Code, other than qualified 501c3bond, as defined in Section 145 of the Code, including the obligationshereby approved;c Barring circumstances unforeseen as of the date of delivery of theobligations hereby approved, the Board will not approve the issuance oftax-exempt obligations of the County or such subordinate entities if theissuance of such tax-exempt obligations would, when aggregatedwith allother tax-exempt obligations theretofore issued in 1995 by the Countyand such subordinate entities, result in the County and such subordinateentities having issued a combined total of more than 10,000,000 of tax -exempt obligations in 1995 not including private activity bonds otherthan qualified 501c3 bonds, including the obligations herebyapproved; andd The board has no reason to believe that the County and suchsubordinate entities will issue tax-exempt obligations in 1995 in anaggregate amount that will exceed such 10,000,000 limit; provided,however, that if the Board receives an opinion of its bond counsel thatcompliance with any restriction set forth in b or c above is notrequired for the obligations hereby approved to be qualified tax-exemptobligations, the Board need not comply with such restrictionThis Resolution shall become effective immediately upon its adoptionCommissioner James W Cash moved the passage of the foregoing resolution andCommissioner Jerry F Wood seconded the motion, and the resolution was passed by thefollowing voteYes Norman C Denning, John M Booker, James W Cash, Jerry F Wood, EleanorN Creech, and Cecil M MassengillNo Cookie PopeNot Voting None8 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 formaintenanceWakeline Drive, Wakeline Acres Subdivision, Wilders Township, and Wilkins-ONealRoad, Ingrams TownshipFollowing review, Commissioner Jerry F Wood moved the Board concur with the NCDepartment of Transportations request to add Wakeline Drive, Wilders Township, andWilkins-ONeal Road, Ingrams Township, to the State Maintained SystemCommissioner Eleanor N Creech seconded the motion, which carried by unanimousvoteDOT Expresses Thanks to Volunteer Firemen and the Emergency ManagementDepartmentRoss Halley, DOT Maintenance Engineer, onbehalfofhis department expressed specialthanks to the Countys volunteer firemen for their assistance following the recent storms MrHalley stated that members of the fire departments began immediately to remove trees fromthe roads making DOTs job much easier He also voiced appreciation for the excellent workingrelationship between his agency and Dewayne West and the Johnston County EmergencyManagement Department9 Natural Gas Line to Wilsons Mills SchoolCounty Manager, Richard B Self, informed the Commissioners that the School Board,in an effort to comply with the Countys request that they heat new schools with gas whenpossible, negotiated with NCNG concerning the use of natural gas for the Wilsons Mills SchoolThey were told that extension of the line would cost 125,000 Michael de Sherbinin was ableto intercede and get NCNG to agree to a one-time 70,396 Contribution in Aid of ConstructionCIA0 He pointed out the gas company has just reimbursed the County 75,600 forconstruction costs to provide service to Miles, Inc670Following discussion, Commissioner John M Booker moved the Board recognize thereimbursement from NCNG for the Miles project and approve the following budget amendmentto appropriate 70,396 of those funds to be used to extend natural gas to the Wilsons MillsSchool site Commissioner Jerry F Wood seconded the motion which carried by unanimousvoteExpenditure Increase10 67007370 Natural Gas Line to Wilsons Mills School 70,396Revenue Increase10 38348100 Miles Loan Repayment 70,39610 Easement to CP L across Skills Training Center Property at ClevelandUpon a motion by Commissioner Cookie Pope, seconded by Commissioner John MBooker and carried by unanimous vote, the Board approved an easement across the SkillsTraining Center Property at Cleveland for Carolina Power Light Company CP L plans torelocate and install underground power lines in the area11 Request to Obtain Water from Harnett CountyThe Board discussed a request from citizens who live in the in the southwestern cornerof Johnston County to obtain water from neighboring Harnett Countys East CentralWater Sewer DistrictFollowing discussion, Commissioner Jerry F Wood moved the Board approve therequest for certain Johnston County citizens to obtain water from Harnett County, contingentupon a buy-back agreement whereby Harnett County would agree to sell Johnston County thewater lines, at a depreciated value based on Harnett Countys expense, in the event JohnstonCounty ever extends water to that area of the CountyThe following areas were approved 1 Old Stage Road, SR 1006, from Hwy 210,approximately 1 mile; 2 Pea Ridge Road, SR 1542; 3 County Line Road, SR 1551 -development by Albert and Lane Gregory; and 4 Hwy 210 past the intersection with OldStage Road, SR 1006, approximately one mileCommissioner Cecil M Massengill seconded the motion, which carried by unanimousvote12 Award of Bids Short Journey Sewer ProjectBid Opening January 5, 1995 - Division I BidsFebruary 2, 1995 - Rebid for Division II BidsThe Board reviewed the following bids for the Short Journey Sewer ProjectDIVISION IBrown Utility Co, Concord NC137,000Billings Garrett, Inc, Raleigh NC211,906Construction Supervision Services, Raleigh, NC354,145DIVISION IIAlternate IAlternate IIBrown Utility Co, Concord, NC 34,90033,900EnvironChem Remediation, Apex, NC ,K0X4Patterson Exploration, Sanford, NC 44,69543,500INCO, Inc, Raleigh, NC 51,62545,942Handex of the Carolinas, Charlotte, NC 74,82574, 100County Manager, Richard B Self, explained the project, which is a joint effort betweenthe County and the Board of Education, will provide a means for the School Board to removeold floor-stripping chemicals from the school property, and allow for future disposal of leacheatefrom the Countys landfill The Board of Education has appropriated up to 125,000 for theDivision I work and has agreed to pay the entire cost of Division IITim Broome, Engineer with McKim Creed, pointed out the Board of Educationoriginally proposed a 2 force main The County upsized the line to 4 in order to better servethe future plans for leacheate removal from the new Subtitle D Landfill He recommendedaward of bid on both Division I and Alternate II, Division II to low bidder, Brown UtilityCompany, Concord, NCFollowing further discussion, Commissioner Jerry F Wood moved the Board awardbidsto low bidder, Brown Utility Company, in the amount of 137,000 for Division I, and 33,900for Division II, Alternate II, and approve the following budget amendment, which includes theCounty portion plus engineering costs Commissioner James W Cash seconded the motionwhich carried by unanimous voteExpenditure Increase10 67007375 Short Journey Sewer Project 191,70000Revenue Increase10 39908100 Fund Balance 31,1000010 38348200 Board of Education 160,6000067113 Proposed Local Legislation - Sent to LegislatorsAs requested by the Board, County Manager, Richard B Self, presented forconsideration the following three draft copies of proposed local legislation in the NC GeneralAssemblyA Designation of Hospital Trustee Abill to amend the requirements for the JohnstonCounty Hospital Board of Trustees to include 2 ex-officio members 1 a representative fromthe County Board of Commissioners, and 2 the hospital Chief of StaffCommissioner James W Cash the Board moved the Board authorize the Clerk toforward the proposed local bill to amend the Hospital Board of Trustees to the Countys Statelegislators to be introduced for consideration in the NC General AssemblyCommissioner John M Booker seconded the motion which carried by unanimous voteB Regulation of Domestic Animals A bill to exempt Johnston County from theenforcement of GS 67-12, a statewide leash law for dogs after 10 pm, and the penalties in GS67-16, a statute making county government responsible for enforcing GS 67-12Commissioner John M Booker moved the Board authorize the Clerk to forward theproposed local bill to allow Johnston County to exercise jurisdiction over the regulation ofdomestic animals to the Countys State legislators to be introduced for consideration in the NC General AssemblyCommissioner Jerry F Wood seconded the motion which carried by unanimous voteC Redefining Farm Acreage A statewide bill proposing modification to GS 105-2773, amending definition of farm acreage from 10 acres to 7 acresUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner CecilM Massengill and carried by unanimous vote, the Board authorized the Clerk to forward theproposed statewide bill to redefine farm acreage to the Countys legislators to be introducedfor consideration in the N C General Assembly14 Bob Hollister - Sewer ServiceBob Hollister, property owner at Old Drug Store in Cleveland Township, addressed theBoard concerning utilities in the area15 Budget Amendments ApprovedA Health DepartmentUpon a motion by Commissioner John M Booker, seconded by Commissioner EleanorN Creech and carried by unanimous vote, the Board approved the following budgetamendmentsExpenditure Decrease - Refund to State for not hiring certified nurse midwife from1094 - 129410 5925-0200 Salaries - Maternal Health 25,000Expenditure Increase -Childhood Lead Case Reimb- Immunization Plan LPN part -time salary10 5910-7400 Equipment - Environmental 1,20010 5945-0300 Part Time Salaries - Child Health 11,798TOTAL 12,002Revenue Decrease - Maternal Health10 3519-823 Maternal Child Health 25,000Revenue Increase - Environmental and Child Health103518-82 Division Environmental 1,20010 3519-826 Division of Epidemiology - Child Health 11,798TOTAL 12,002Expenditure Increase - Rural OB Care Incentive Funds Reimbursement for Training10 5925-0421 ROCI Funds - Maternal Health 15,30410 5925-1400 Travel - Maternal Health 200Revenue Increase10 3519-823 DEHNR 15,504Expenditure Increase - Adult Health - Cancer Control Programs10 5920-0400 Professional Services 10,670Revenue Increase10 3519-821 DEHNR - Adult Health 10,670672B Sheriffs DepartmentUpon a motion by Commissioner Cecil M Massengill, seconded by Commissioner JerryF Wood and carried by unanimous vote, the Board approved the following budget amendmentfor the Sheriffs DeptExpenditure Increase - DARE Program - Donation from Industry and DOC10 51004400 DARE Program 3,09724Revenue Increase10 34331100 General Fund DARE Program 3,09724C Emergency Management DepartmentUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner CecilM Massengill and carried by unanimous vote, the Board approved the following budgetamendmentExpenditure Increase - Federal Funds for exceeding annual program set up by State10 53007400 Capital Outlay 1,29575Revenue Increase10 35838200 Emergency Management Revenue 1,29575D EducationUpon a motion by Commissioner John M Booker, seconded by Commissioner EleanorN Creech and carried by unanimous vote, the Board approved the following budgetamendmentsExpenditure Increase - ADM money for Wilsons Mills School - State to Bd of Edthrough County17 66259007 Capital Construction Reserve 389,35808Revenue Increase17 32308300 State ADM Construction Fund 389,35808Expenditure Increase - Insurance Recovery for Cleveland School Floor17 66259008 Cleveland School 10,29700Revenue Increase17 39818500 Insurance Recovery 10,29700E Public UtilitiesUpon a motion by Commissioner James W Cash, seconded by Commissioner JerryF Wood and carried by unanimous vote, the Board approved the following budgetamendmentsExpenditure Increase - Insurance Claims for damage to fire hydrants water servicesby vehicles677530 1600 M R Equipment 2,75918Revenue Increase -6738850 8000 Misc Revenue - reimbursement for repairs 2,75918Expenditure Increase - revenue for disposal of water plant sludge Insurance recovery687230 7400 Capital Outlay - Equipment 10,00000687210 1700 M R Vehicles 2,00000Revenue Increase683835 8100 Misc Revenue 12,00000Expenditure Increase - Residential subdivision developers water assessment feescollected677200 7601 Assess Reimb - Homeplace 9,00000677200 7602 Assess Reimb Pleasant I 15,00000677200 7603 Assess Reimb Pleasant II 6,00000Revenue Increase673880 6207 Assessment fee water tap 30,0000016 Purchase of Property - Unity House - Mental Health DepartmentUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner JerryF Wood and carried by unanimous vote, the Board approved the Mental Health Boardsrequest to purchase Unity House using State Capital Grant funds and approved the followingbudget amendmentExpenditure Increase - purchase and renovation of Unity House - State Capital GrantfundsPersonal Services 18,000Contracted Services 102,400TOTAL 120,400Revenue IncreaseAppropriated Fund Balance 60,200State Capital Grant 60,20067317 AppointmentsUpon a motion by Commissioner James W Cash, seconded by Commissioner Jerry FWood and carried by unanimous vote, the Board made the following appointmentsA Beulah Fire Commission - Bobby Pope was reappointed to the Beulah FireCommission for a two year term to expire February 28, 1997B Nursing Home Domiciliary Home Advisory Board - Irene Benson wasreappointed and Minnie E McBurnett was appointed to the NursingHome Domiciliary Home Advisory Board for three year terms to expire February28, 1998C Mental Health Board - Maylon C Baker was appointed to the Mental HealthBoard to fill the unexpired term of Virginia Baker - Term to expire October 31,1996D Town of Clayton Boards As recommended by the Clayton Town Council thefollowing ETJ appointments were madeClayton Planning Zoning Board - Randall C Durham, Allen Mims and EFrank Howard Alternate were appointed to the Clayton Planning ZoningBoard Terms to expire 1297Board of Adjustments - Herman C Vinson and Douglas Blackley Alternatewere appointed to the Clayton Board of Adjustments Terms to expire 1297E Industrial Development CommissionCommissioner Cecil M Massengill moved the Board appoint T G Ennis of Smithfield,as an at-large member of the Industrial Development Commission for a two year term to expireDecember, 1997 Commissioner Massengill further moved that a letter of appreciation be sentto Mr Robert Busby, who served on this commission for eleven years Commissioner EleanorN Creech seconded the motion which carried by unanimous voteUpon a motion by Commissioner John M Booker, seconded by Commissioner Jerry FWood and carried by unanimous vote, the Board waived the ten-year term limit policy forJames W Overbee of Pine Level, member of the Industrial Development CommissionUpon a motionby Commissioner John M Booker, secondedby Commissioner James WCash and carried by unanimous vote, the Board reappointed James W Overbee to theIndustrial Development Commission for a two year term to expire December, 199718 Tobacco Farm Life Museums Board of AdvisorsChairman Norman C Denning designated Commissioner Cookie Pope to represent theBoard on the Tobacco Farm Life Museums Board of Advisors19 Recreation Grants ApprovedUpon a motion by Commissioner James W Cash, seconded by Commissioner Jerry FWood and carried by unanimous vote, the Board approved the following recreation grants andbudget amendmentCleveland Rams Booster Club, 2,000; South Johnston High School Athletic Dept,2,000; South Johnston High School Trojan Club, 2,000; Micro Athletic Association, 2,000;Town of Micro, 2,000; and Cooper Elementary School, 2,000Expenditure Increase10 66506220 Recreation Grants 2,000Expenditure Decrease10 66505700 Contingency 2,00020 1994-95 Recreation Grant Applications - Cut-OffFollowing discussion, Commissioner John M Booker moved the Board accept noadditional recreation grant applications for the 1994-95 FY Commissioner Eleanor N Creechseconded the motion which carried by unanimous vote21 Request for Use of Atrium - DeniedThe Board discussed the request from Johnston County Visual Artists to use the Atriumfor an art display during the week and week end of the Ham Yam Festival Board membersvoiced regret that the request for weekend usage could not be granted due to the large expenseinvolvedFollowing discussion, Commissioner Jerry F Wood moved the Board deny the JC VisualArtists request for use of the Atrium on the Saturday and Sunday of the Ham Yam Festival,but stressed that the group would be welcome to use the facility during the week days whenthe Courthouse is openCommissioner James W Cash seconded the motion which carried by unanimous vote67422 Recognition of Clerk - IIMC CertificationThe Board recognized the Clerk for having received certification through theInternational Institute of Municipal Clerks23 Request for Tax ReliefCounty Manager, Richard B Self, read a letter from Joseph L Dupree requesting hiswarehouse, which was completely destroyed on January 6, 1995, be taken off the tax recordsfor this year Mr Dupree explained that the building, which was destroyed by a fire set byvagrants, was used for storage and would not be replacedCommissioner Eleanor N Creech voiced her sympathy for the Duprees She explained,however, that according to her interpretation of the law, the NC General Assembly does notgive the Commissioners the authority to release taxes based on destruction of property afterJanuary 1 For this reason, she stated that she would have to stand with her previousdecisions on similar cases, and could not support this requestFollowing discussion, Commissioner Jerry F Wood moved the Board release taxes for1995 on a prorated bases for Joseph L Dupree and Family on the warehouse which wasdestroyed on January 6, 1995 Commissioner James W Cash seconded the motion whichcarried by the following voteYes Norman C Denning, John M Booker, James W Cash, Jerry F Wood, Cecil MMassengill, and Cookie PopeNo Eleanor N Creech24 Library Automation - Reauest for FundsIn reference to the request earlier in the meeting from the Library Board of Trustees,Commissioner John M Booker moved the Board approve County funding in the amount of100,000 for automation of the Public Library; funding to be appropriated as follows 60,000in the 1995-96 budget and 40,000 in the 1996-97 budget Commissioner Eleanor N Creechseconded the motion, which carried by the following voteYes Norman C Denning, John M Booker, James W Cash, Jerry F Wood, Eleanor NCreech, and Cecil M MassengillNo Cookie Pope25 Soil Conservation Service - Soil Survey MapsJames Massey, Soil Conservationist, presented to the Commissioners copies of thenewly published Soil Survey of Johnston County The survey consists of maps and chartsindicating properties and classifications of soil in the County Gordon Peedin, Chairman of theSoil and Water Conservation District Board of Supervisors, was also present26 Board of Education - Request for FundsDr James Causby, Superintendent of Schools, and several members of the Board ofEducation appearedbefore the Commissioners requesting a commitment of funds for additionalmobile units and busses, and to discuss future school facility needsDr Causby stated that because of anticipated growth, 21 additional mobile classroomsand 10 new buses will be needed for the 1995-1996 school year These need to be ordered nowto be in place for the fall He asked the Commissioners to allocate 1,092,710, to cover thisexpense He noted a commitment from next years budget would be acceptable since paymentwould be made after July 1In response to a comment about the 5 million annual capital outlay appropriation ofthe past few years, Dr Causby made it clear this would have to be additional money Hepointed out 35 million of the anticipated capital outlay funds has been committed for debtservice and the Wilsons Mills School The remaining 15 million would be needed for otheranticipated and emergency capital needsDr Causby continued with the second reason he and School Board members werepresent He presented a timeline of school facility needs to the year 2000 The plan calls forthree new schools other than the ones which have already been committed at Glendale-Kenly,Corinth Holder, and Princeton Total projected cost for the four year plan, based on currentcost estimates, would be 110,750,000 With anticipated inflation figured in, the cost ofimplementing the plan would escalate to 126,500,000Board members expressed disbelief that the County would be able to provide thatamount of money in a four year time frame Commissioner James Cash suggested the projectsneed to be prioritized to show the most urgent needs Commissioner Cookie Pope asked if cutsin school administration and building costs could be made to help with this problemCommissioner Eleanor N Creech asked if standard designs could be used thereby eliminatingthe need for expensive architects on each new construction675In response to these comments, Dr Causby and Board of Education Chairman, KayCarroll, pointed out the plan is a starting place for the two boards to work from They stressed,however, that growth in the County is a reality, and this plan represents real needsConcerning Commissioner Popes comments about cuts in administration and building costs,school board members stated they would build only cost-efficient, cost-effective buildings MrCarroll noted most building projects are unique and require special design to utilize the spaceavailable, and also the State requires architects to approve each project He and other schoolboard members pledged to do all that is possible to keep costs down Chairman Carroll stated,in his opinion, no excess exists in school administrationSchool Board members, DeVan Barbour, Bob Dickens, Wayne Stewart and Denton Leeeach voiced support of the plan and stated they would work with the Commissioners by fullysupporting any means the County has to bring this plan to fruitionVice Chairman John Booker stated that the bill is so high and the money is notavailable The question, he noted, is how can the County pay for itChairman Denning thanked the school board for their comments and noted that the twoboards would have to work together to do all that is possibleBoard Commits Funds for Mobile Classrooms and Buses for Next YearCommissioner Jerry F Wood moved the Board commit 1,092,710 for 21 new mobileclassrooms and 10 additional school buses for the 1995-96 school year Commissioner Woodfurther moved these funds be considered in addition to other annual capital outlay allocationCommissioner John M Booker seconded the motion which carried by the following voteYes Norman C Denning, John M Booker, James W Cash, Jerry F Wood, Eleanor NCreech, and Cecil M MassengillNo Cookie Pope27 Kenlv School SiteA group of people interested in the site selection for the Glendale Kenly Schooladdressed the Board Kenly resident Jim Grady stated, in his opinion, the school should berebuilt on the original site in Kenly Shannon Hinnant, member of the Kenly Town Council,agreed and asked the Board to support their position to keep the school in their townTom Moore, local retired businessman, questioned the wisdom of spending taxpayersmoney for moving the school to another site when there are so many capital school needsthroughout the CountyChairman Norman C Denning explained the Board of Education has the authority tomake decisions on school sitesCommissioner John M Booker stated, in his opinion, the Board of Commissioners roleis to consider the situation from a monetary position and try to serve the best interest of theentire county28 Sources of Revenue for School Construction - Local Bills ConsideredThe Board considered the following four draft bills for local legislation, which ifforwarded to the legislators and passed by the NC General Assembly would provide possiblesources of revenue for school constructionA Local Option 1 Sales and Use Tax a local bill to allow Johnston County toimpose and levy a sales and use tax of one percent upon the sale, use and other taxabletransactions upon which the State now imposes a four percent sales and use taxB Johnston County Land Transfer Tax a local bill to authorize Johnston Countyto levy an excise tax, up to 2 , on instruments conveying real property in Johnston CountyC Johnston County Impact Tax a local bill to authorize Johnston County to levyimpact taxes and impact fees on new constructionD Prepared Food and Beverage Tax a local bill to authorize Johnston County tolevy a 1 prepared food and beverage taxThe Board stressed that sending any or all of these bills to the General Assembly wouldsimply be a means of providing the County with options for funding school capital needs A voteto send the bills to Raleigh would not mean the Commissioners would vote to enact the taxThe options would provide the Board an opportunity to hear from the public, as none would beenacted without a public hearing Any revenue realized from any of these measures would beused solely for school construction or payment of debt on school construction676Following discussion, the Board voted on sending each of these measures to the GeneralAssemblyA Local Option 1 Sales Use TaxCommissioner Cecil M Massengill moved the Board send to the General Assembly forconsideration the draft bill to enable Johnston County to impose and levy a 1 sales and usetax with revenue to be used only on school construction and debt on school constructionCommissioner Jerry F Wood seconded the motion which carried by the following voteYes Norman C Denning, John M Booker, James W Cash, Jerry F Wood, Eleanor NCreech, and Cecil M MassengillNo Cookie PopeB 2 Land Transfer TaxUpon a motion by Commissioner James W Cash, seconded by Commissioner Jerry FWood and carried by unanimous vote, the Board voted to send the draft bill to enable JohnstonCounty to levy an excise tax on land transfers to the General Assembly for considerationC Impact Tax and FeeUpon a motion by Commissioner James W Cash, seconded by Commissioner Jerry FWood and carried by unanimous vote, the Board voted to send the draft bill to authorizeJohnston County to levy impact taxes and impact fees 750 countywide on new constructionto the General Assembly for considerationD Prepared Food and Beverage TaxCommissioner Jerry F Wood moved the Board send the draft bill, which wouldauthorize Johnston County to levy a 1 prepared food and beverage tax, to the GeneralAssembly for consideration Commissioner Eleanor N Creech seconded the motion whichcarried by the following voteYes Norman C Denning, John M Booker, James W Cash, Jerry F Wood, Eleanor NCreech, and Cecil M MassengillNo Cookie Pope29 Closed Session - IndustryUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner JamesW Cash and carried by unanimous vote, the Board recessed regular session to meet in closedsession for the purpose of discussing matters relating to the location or expansion of industryin the CountyRegular Session ResumedUpon a motion by Commissioner John M Booker, seconded by Commissioner EleanorN Creech and carried by unanimous vote, the Board adjourned closed session and resumedregular sessionThere being no further business, Commissioner John M Booker moved the Boardadjourn Commissioner Cookie Pope seconded the motion which carried by unanimous voteNorman C Denning, ChairmanJoyce H Ennis, ClerkDetailsAnnotationsEntry PropertiesModified11192013 124526 PMCreated4152003 102207 AMTemplateMinutesFieldsMinutes - TypeRegularMinutes - Date261995Book19