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

January 3, 1995The Johnston County Board of Commissioners met in regular session Tuesday, January3, 1995, at 10 oclock am in the Commissioners Room, Johnston County Courthouse Annex,Smithfield, North Carolina, with the following membersPresent Norman C Denning, Chairman, Dr John M Booker, Vice Chairman,James W Cash, Jerry F Wood, DDS, 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 December 5,1994 board meetings There being no corrections, the Chairman declared the minutes approvedas presented2 Presentation of Schedule of Values for Real Property - 1995 RevaluationThe Schedule of Values for the 1995 Revaluation was presented to the Board for theirreviewMr Fred Pearson, owner of Pearson Appraisal Company, Steve Whitacre, ProjectManager, and Mary Ann Freeman of the revaluation team, were present and offered to answerany questions from the BoardCounty Manager, Richard B Self, outlined the proposed calendar of events necessarybefore the County can mail revaluation notices to the citizens He recommended the Boardschedule a public hearing and set a time for adoption of the schedule of values as soon aspossiblePublic Hearing SetUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Eleanor NCreech and carried by unanimous vote, the Board scheduled a public hearing for 6 00 pm,January 17, 1995 to hear public comment on the Schedule of Values for the 1995 RevaluationMeeting to Adopt ScheduleUpon a motion by Commissioner Cookie Pope, seconded by Commissioner Cecil MMassengill and carried by unanimous vote, the Board scheduled a meeting for 6 00 pm,January 24, 1995 to consider adoption of the Schedule of Values for the 1995 Revaluation3 Public Library Contract of Affiliation with James Bryan Creech Public Library ofFour OaksUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Eleanor NCreech and carried by unanimous vote, the Board approved the following contract formalizingthe relationship between the Public Library and the independent library of Four Oaks, theJames Bryan Creech Public LibraryLIBRARY CONTRACTThis contract, made and entered into this 3th day of January, 1995, by and between thePublic Library of Johnston County and Smithfield herein the County Library and theJames Bryan Creech Public LibraryWITNESSEDWHEREAS, the County Library operates under the Chapter 153A, Article 14 GS 153-261 through GS 153-271 to give library service to the residents of Johnston County and theMunicipality of Smithfield; andWHEREAS, the James Bryan Creech Library operates to give library service to theresidents of Four Oaks and wishes to become affiliated with the County Library to have thebenefit of additional services which the County Library can provideTHEREFORE, IT IS MUTUALLY AGREED THATThe County Library will furnish to the James Bryan Creech Library the services setforth herein and in Appendix I, and any future amendments as agreed to by other partiesThe James Bryan Creech Library will remain under the control of the Municipality ofFour Oaks and its Library Board of Trustees, and will continue as the agency responsible forproviding library services for the residents of Four OaksThe James Bryan Creech Library will be known as the James Bryan Creech PublicLibrary, an affiliate of the Public Library of Johnston County and Smithfield653The James Bryan Creech Library will employ and supervise personnel of the JamesBryan Creech Library, whose salaries, retirement, social security and any other employeebenefits will be paid with funds appropriated by the Municipality of Four Oaks or otherwisecontributed to the James Bryan Creech LibraryThe officials of the Municipality of Four Oaks will agree to sign the annual Maintenanceof Effort Report and Declaration as required by the NC Department of Cultural Resources,Division of State Library, and as signed by the officials of Johnston County and theMunicipality of SmithfieldThe James Bryan Creech Library will maintain the building and grounds of the JamesBryan Creech Library, including major repairs or emergency repairs Any and all equipmentand real property furnished by the Municipality of Four Oaks shall remain the property of theMunicipality of Four OaksThe James Bryan Creech Library will provide for telephone service on the premises forthe use by library staffThe James Bryan Creech Library will be open for service a minimum of thirty six hours36 hours per weekThe James Bryan Creech Library will provide to the County Library the following acoy of the James Bryan Creech Librarys bylaws; monthly fiscal and statistical reports; two2 copies of the annual audit by December 30 of the fiscal year following the audit year; anda copy of the new fiscal year budget by July 30 of the new fiscal yearThe County Library will loan books, periodicals, and other library materials to theJames Bryan Creech Library in such quantities as the Director of the County Library maydetermine, such materials to supplement materials already owned or subsequently acquiredby the James Bryan Creech Library Materials loaned to the James Bryan Creech Library bythe County Library will remain the property of the County Library Materials owned by theJames Bryan Creech Library may be loaned to the County Library or its units upon specialrequest; such materials will remain the property of the James Bryan Creech LibraryThe County Library and the James Bryan Creech Library agree to enter into thiscontract through a period ending June 30, 1995 Thereafter, in accordance with therequirements of the NC Department of Cultural Resources, Division of State Library, it isagreed by the County Library and the James Bryan Creech Library that the term of thisagreement shall be for a period of ten 10 years beginning July 1, 1995, with each partyreserving the right to terminate the agreement after the ten 10 year period, upon givingwritten notice six 6 months prior to the date of termination The County Library and theJames Bryan Creech Library, upon giving six 6 months written notice, may extend thiscontract for an additional ten 10 year periodBy this contract the James Bryan Creech Library has agreed to certain terms requiredby the NC Department of Cultural Resources, Division of State Library Nevertheless, bothparties understand that apart from the parties agreement to these terms as independentcontractors, neither party hereby acquires any right of control, supervision or direction overthe physical facilities, employees, or operation of the other The James Bryan Creech Librarywill indemnify the County Library from any loss by virtue of any liability arising from atransaction, act, omission or occurrence at the James Bryan Creech Library facility or in theoperation of the James Bryan Creech Library; and the County Library will likewise indemnifythe James Bryan Creech Library from loss due to any liability arising from the operation of theCounty Library or its facility Neither party by this agreement agrees to waive anygovernmental immunity except to the extent insured And in fact both parties attach, as a partof this agreement, copies of automobile liability policy with liability and employee errandprotection limits of 1,000,000 by the County Library and 30,000 by the James Bryan CreechLibrary As to a premises liability policy, the parties attach copies of policy with liability limitsof 2,000,000 on the James Bryan Creech Library facility, and 97,000 on the County Libraryfacility Each party will agree to continue to provide insurance, as referenced in the twopreceding sentences, and evidence of its annual renewal during the term of this contractThis contract maybe amended upon unanimous approval of all the parties signing thisagreementIN WITNESS THEREOF, the County Library, the James Bryan Creech Library, theMunicipalities of Four Oaks and Smithfield, and the County of Johnston have caused thiscontract to be executed this 3th day of January, 1995CONTRACT APPENDIX IServices to be provided by the County LibraryAdministrative SupportProfessional ConsultationAcquisition ServicesCataloging ServicesRebinding ServicesPermanent Loan of Reference and Other MaterialCountywide Interlibrary Loan and ReferenceState-wide Interlibrary Loan and ReferenceSupport of Patron RegistrationBookmobile ServicesA-V Services, as availableChildrens Services, as availableCirculation Support, as availablePublic Relations Services, as availablePrinting of Library Forms and Other MaterialsAll Services are subject to the availability of funds6544 Expansion of 50-210 Service DistrictA public hearing was held on December 5, 1994 at the 50-210 fire station Members ofthe community unanimously requested expansion of the 50-210 service area to include theunserved area adjacent to the Wake County line Ref Minutes December 5, 1994, 7 pmmeeting - Book 19, page 651In response to the request from the community, Commissioner Cecil M Massengillmoved the 50-210 Service District boundaries be expanded as follows to include the unservedarea adjacent to the Wake County line, effective June 30, 1995 Commissioner John M Bookerseconded the motion which carried by unanimous voteFIRE SERVICE DISTRICT STATION 2Beginning at a point 1 on NC 50, 1 mile South of Page Road SR 1528; Thence ina Southwesterly direction to a point 2 on Mount Moriah Road SR 1532, 2 mile North of theintersection of Mount Moriah Road SR 1532, and Mount Pleasant Road SR 1533; Thencein a Southwesterly direction to a point 3 on Mount Pleasant Road SR 1533, 2 mile West ofthe intersection of Mount Pleasant Road SR 1533 and Mount Moriah Road SR 1532; Thencein a Southwesterly direction to a point 4 on Jackson King Road SR 1531, 4 mile North ofthe intersection of Jackson King Road SR 153 1 and Landmark Road SR 1538, and includingall property along Jackson King Road SR 153 1 between this and the preceding point; Thencein a Southwesterly direction to a point 5 on Jackson King Road SR 1531_2 mile Southwestof Landmark Road SR 1538, and excluding all property between this and the prece ding point;Thence in a Southerly direction to a point 6 on NC 210 at its intersection with PlainviewChurch Road SR 1313; Thence in a Westerly direction to a point 7 at the intersection ofStancil Road SR 1540 and NC 210 and excluding all property along NC 210 between thisand the preceding point; Thence in a Westerly direction to a point 8 at the intersection ofJackson King Road SR 1531 andNC 210 andexcluding allproperty along NC 210 betweenthis and the preceding point; Thence in a Southwesterly direction to a point 9 at theintersection of Old Stage Road 1006 and the Johnston Harnett County Line, and excludingall property between this and the preceding point; Thence in a Westerly direction along theJohnston Harnett County Line to a point 10 on Pea Ridge Road SR 1542 at theJohnston Harnett County Line; Thence in a Northeasterly direction along the JohnstonWakeCounty Line to a point 11 on Old Stage Road SR 1006 at the JohnstonWake County Line;Thence in a Northeasterly direction along the JohnstonWake County Line to a point 12 onDupree Road SR 1541 at the JohnstonWake County Line; Thence in a Northeasterlydirection along the JohnstonWake County Line to a point 13 on Mount Pleasant Road SR1533 at the JohnstonWake County Line; Thence in a Northeasterly direction along theJohnstonWake County Line to a point 14 on Jackson King Road SR 1531 at theJohnstonWake County Line; Thence in a Northeasterly direction along the JohnstonWakeCounty Line to a point 15 on Angie Road SR 1529 at the intersection of Angie Road SR1529 and the JohnstonWake County Line; Thence in a Northeasterly direction along theJohnstonWake County Line to a point 16 on NC 42 at the JohnstonWake County Line;Thence in a Northeasterly direction along the JohnstonWake County Line to a point 17 onBrack Penny Road SR 1545 at the JohnstonWake County Line; Thence in a Northeasterlydirection along the JohnstonWake County Line to a point 18 on NC 50 at theJohnstonWake County Line; Thence in a Northeasterly direction along the JohnstonWakeCounty Line to a point 19 on Lynnfield Lane SR 1617 at the JohnstonWake County Line;Thence in a Northeasterly direction along the JohnstonWake County Line to a point 20 onCleveland Road SR 1010 at the JohnstonWake County Line, excluding any property onCleveland Road SR 1010; Thence in a Southerly direction to a point 2 1 on Pierce Road SR1546 at its intersection with unnamedRoad SR 1603; Thence in a Southerly direction to apoint 22 on NC42, 1 mile West of SR1603 unnamed road; Thence in a Southerly directionto the beginning point 15 Engineering - Closeout of Existing Landfill and Construction of Subtitle D LandfillUpon a motion by Commissioner James W Cash, seconded by Commissioner Jerry FWood and carried by unanimous vote, the Board authorized McKim and Creed Engineers toproceed with the engineering for the final closeout of the existing landfill and the constructionof the new Subtitle D landfill, and approved the following budget amendmentExpenditure Increase - Public Utilities66 58509002 Subtitle D Landfill 162,0000066 58509003 Remediation of old Landfill 176,20000Revenue Increase66 39908100 Fund Balance338,200006 Engineering - Amendment to Contract - Johnston County Water TreatmentFacilitiesCounty Manager, Richard B Self, informed the Board the State has given permissionfor Johnston County to offer an alternate when bidding the new water treatment plant Theaccepted process in North Carolina has been the superpulsator clarifier process; however, staffhas found another process, the coagulation clarification process used in other areas of thecountry, which is equally effective and has certain advantages The additional engineering costfor altering the design and specifications to include this option should be more than offset bythe resulting bids He requested the Board approve an amendment to the Engineeringagreement with McKim Creed in the amount of 57,730655Following discussion, Commissioner Jerry F Wood moved the Board authorize theengineers to include the alternate coagulation clarification process in the design andspecifications for bids on the Johnston County Water Treatment Plant and approve thefollowing budget amendment Commissioner John M Booker seconded the motion whichcarried by unanimous voteExpenditure Increase20 52900000 Legal Professional 57,73000Revenue Increase20 31900600 General Fund Transfer 57,730007 Award of Bids Smithfield Selma Sewer System Rehabilitation ProjectsThe Board reviewed the following bids received December 20, 1994, for sanitary sewersystem rehabilitation for the towns of Smithfield and Selma County Manager, Richard B Self,informed the Board the projects will be funded through State Clean Water Loan funds to theCounty with each town paying back the loans with interest He noted both Smithfield andSelma have approved and signed agreements recognizing their debt on these projectsBidder Smithfield SelmaFrank Horne 93,77000 37,93500Video Pipe Services, Inc 115,88900 69,89300K R Greene Utility Co 146,40000 56,80000Following review, Commissioner Jerry F Wood moved the Board award bid to lowbidder, Frank Horne, for both projects Commissioner John M Booker seconded the motionwhich carried by unanimous vote8 Public Hearing - 1015 am - Rezoning CasesAdvertised The Smithfield Herald - December 20, December 27, 1994Certified letters were mailed to adjoining property owners on December 20,1994 andnotices were posted at the locations on December 22, 1994The Chairman opened the public hearing and invited anyone who wished to address theBoard on the following rezoning requestsCASE 112 - Petition to rezone approximately 112 acres located on Harper House RoadSR 1008 in Bentonville Township form AR R-40 to Light Industrial Applicant NCNatural Gas CorporationJeff Coutu, Planning Director, indicated the property on a map He noted a portion ofthe NCNG property is currently zoned Light Industrial and this would rezone the remainingtractDavid Smith and Dennis Sullivan with NCNG stated they plan to erect a radio toweron the property to provide better communicationsCASE 114 - Petition to rezone approximately 14 acres located on SR 1311 ClaytonRoad in Pleasant Grove Township from AR R-40 to Agriculture Residential Special UseDistrict Applicant Alan and Gwen PleasantAs this rezoning is for a special use district, persons wishing to speak were sworn in bythe ClerkJeff Coutu pointed out the area on a map and explained the owners wish to place aboarding and training kennel on the propertyThere being no further comments, the Chairman closed the public hearing9 Decisions on Rezoning RequestsCASE #112 Petition to rezone approximately 112 acres located on Harper House RoadSR 1008 in Bentonville Township form AR R-40 to Light Industrial Applicant NCNatural Gas CorporationUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Cecil MMassengill and carried by unanimous vote, the Board approved rezoning of CASE #112 for NCNatural Gas Corporation of 112 acres on Harper House Road in Bentonville Township fromAR R-40 to Light IndustrialCASE #114 Petition to rezone approximately 14 acres located on SR 1311 ClaytonRoad in Pleasant Grove Township from AR R-40 to Agriculture Residential Special UseDistrict Applicant Alan and Gwen PleasantUpon a motionby Commissioner Cecil M Massengill, secondedby Commissioner CookiePope and carried by unanimous vote, the Board approved rezoning for Alan and GwenPleasant of 14 acres on Clayton Road in Pleasant Grove Township from AR R-40 toAgriculture Residential Special Use District656CASE #108 Carry over from last month Petition to rezone approximately 66 acreslocated on North Shiloh Church Road SR 1526 in Cleveland Township from AR R-40to General Business Special Use District Owners Kenneth and Martha HigginsApplicant Sharon Mastafiak, DVMUpon a motion by Commissioner Cookie Pope, seconded by Commissioner Eleanor NCreech and carried by unanimous vote, the Board sent Case #108 back to the Planning Boardfor further study10 Public Hearing Immediately Following Rezoning Hearing-Special Use PermitRequestsAdvertised The Smithfield Herald - December 20, December 27, 1994Certified letters were mailed to adjoining property owners on December 20,1994 andnotices were posted at the locations on December 22 1994The Chairman opened the public hearing and invited anyone who wished to address theBoard on the following applications for a Special Use PermitCASE #114 - A special use permit application for a boarding and training kennel onapproximately 145 acres on SR 1311 Clayton Road in Pleasant Grove Township ApplicantAlan and Gwen PleasantChairman Denning addressed the following questions to Jeff Coutu, County PlanningDirector1 Mr Coutu, was a pre-application conference held by the Planning Departmentwith the applicant Response Yes, Sir2 Did the applicant meet the requirements at that time by providing a sketch planillustrating the location, size and major design elements of the development of thesite Response Yes, Sir3 Did your department prepare an analysis of the application 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 approval of application for a special use permit for Case #114Chairman 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 thefollowing evidence of support found by the Planning BoardCASE #1141 Special use is for a boarding and training kennel2 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 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 Adjustment mustbe 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 Response Yes,SirThere being no further comments, the Chairman closed the public hearing11 Decision on Special Use Permit ApplicationCASE #114 Application for a special use permit for a boarding and training kennel onClayton Road, Pleasant Grove Township for Alan and Gwen PleasantUpon a motionby Commissioner Cecil M Massengill, secondedby Commissioner CookiePope and carried by unanimous vote, the Board authorized the Planning Department to issuea special use permit to Alan and Gwen Pleasant to operate a boarding and training kennel onClayton Road in Pleasant Grove Township based on the following findings of fact1 Special use is for a boarding and training kennel2 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 County65712 Authorization to Apply for Grant 1995 Historic Preservation FundThe County Manager informed the Board the County is eligible to apply for a 1,000grant from the 1995 Historic Preservation Fund The funds, which would require a 40 matchfrom the County, would be used to nominate the old portion of the County Courthouse for theNational Register of Historic PlacesUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner JerryF Wood and carried by unanimous vote, the Board approved application for a 1,000 HistoricPreservation Grant to be used to make nomination of the Johnston County Courthouse to theNational Register of Historic Places13 Department of Transportation - Narrow Bridges on NC HwyThe Board spoke with Ross Halley, DOT Maintenance Engineer, about traffic problemsin the areaCommissioner Eleanor N Creech expressed concern about a potentially dangeroussituation on the two bridges on NC Hwy 39 between Selma and NC 42 The bridges, whichspan Buffalo Creek and Little River, are so narrow that it is difficult for two vehicles, evenautomobiles, to meet and pass She noted this becomes extremely dangerous when a car meetsa large truck or tanker, a situation which is more and more often the case with the increasedtraffic on this highwayFollowing further discussion, Commissioner Eleanor N Creech moved the Boardformally requestd that the NC Department of Transportation investigate this matter andconsider widening the bridges as soon as possible to avoid major accidents at these sitesCommissioner Jerry F Wood seconded the motion, which carried by unanimous vote14 AppointmentsA Status of WomenUpon a motion by Commissioner Jerry F Wood, secondedby Commissioner Eleanor NCreech and carried by unanimous vote, the Board appointed Flora H Grantham to theJohnston County Council on Status of Women for a two year term to expire January 1997B Pleasant Grove Community Building Board of TrusteesUpon a motionby Commissioner Cecil M Massengill, secondedby Commissioner CookiePope and carried by unanimous vote, the Board appointed James R Smith to the unexpiredterm of Wilbert Coats Term to expire May, 1996C Town of Selma - Planning Board and Board of AdjustmentAs requested by the Selma Town Council, Commissioner Jerry F Wood moved theBoard make the following ETJ appointments for terms to expire 11197 Selma PlanningBoard Betty Barnes reappointed; Selma Board of Adjustment Nathaniel Revels appointedCommissioner John M Booker seconded the motion which carried by unanimous voteD Industrial Development CommissionCommissioner Cookie Pope moved the Board postpone appointments to the IndustrialDevelopment Commission until the February Board meeting Commissioner Eleanor NCreech seconded the motion which carried by unanimous vote15 Recreation Grants ApprovedUpon a motion by Commissioner Jerry F Wood, secondedby Commissioner Eleanor NCreech and carried by unanimous vote, the Board approved the following recreation grantsSelma Elementary School, 2,000; Selma Middle School Boosters Association, 2,000; NorthJohnston Middle School PTA, 2,000, and Town of Pine Level, 2,00016 Budget Amendment Approved - Emergency ManagementUpon a motion by Commissioner Jerry F Wood, secondedby Commissioner Eleanor NCreech and carried by unanimous vote, the Board approved the following budget amendmentEmergency Management - FEMA Training Grant from State Emergency MgtExpenditure Increase10 53001410 Employee Training 2,00000Revenue Increase10 35838200 Emergency Management Revenue 2,000 0 017 Public Hearing 1045 - Closeout of Red Hill CDBG Project No 91-C-8138Advertised December 20, 1994 in The Smithfield HeraldThe Chairman opened the public hearing and invited anyone who wished to address theBoard on the final closeout of the Red Hill Community Development ProjectThere being no comments, the Chairman closed the public hearing18 Closeout of Red Hill CDBG Project No 91-C-8138Upon a motion by Commissioner James W Cash, seconded by Commissioner EleanorN Creech and carried by unanimous vote, the Board authorized the closeout of the Red HillCommunity Development Block Grant Project No 91-C-813819 Sheriffs Department - Authorization to Order 1995-96 Replacement VehiclesThe County Manager informed the Board the Sheriff has requested authorization toorder replacement vehicles needed for FY 1995-96 By ordering the vehicles now, there will bean initial savings, the County will have them on hand when needed, and payment will not bedue until after July 1Following discussion, Commissioner Cecil M Massengill moved the Board authorize theSheriff to order the 1995-96 replacement vehicles for his department with payment to be madefrom the 1995-96 budgetCommissioner Jerry F Wood seconded the motion which carried by unanimous vote20 Sheriffs Department - Request to Participate in COPS GrantSheriff Freddy Narron informed the Board that Johnston County is eligible for a three -year grant through the Community Oriented Policing Services Program COPS The grantwould pay 75 of salary and benefits of an additional deputy, and a County match would berequired to fund the remaining 25 The grant funds would end after three years, and therewould be no requirements concerning continuation of this position Sheriff Narron stated hecould fill the position within 30 days if the Board authorizes him to make final applicationFollowing discussion, Commissioner Jerry F Wood moved the Board authorize SheriffFreddy Narron to make final application for a three-year COPS grant as outlined above, andapprove the following budget amendment for the Countys match Commissioner Cecil MMassengill seconded the motion which carried by unanimous voteExpenditure Increase - New Officer through COPS Grant10 51000200Salaries10 51000500Social Security10 51000600Group Insurance10 51000610Life Insurance10 51000710Retirement Add110 51000730LEO10 51007400Capital Outlay10 51003600UniformsExpenditure Decrease10 67007310NC 70 ProjectTOTALRevenue Increase10 34331217 COPS - Federal Grant6,91200530001,040001500345003000020,176001,5000023,503007,315007,3150021 Landfill Site Preparation - Report from McKim Creed, EngineersC T Clayton, Solid Waste Manager at McKim Creed, presented a drawing of thelandfill site showing the existing landfill and the various phases of the proposed new Subtitle Dfacility He reported on the plans for the final closeout of the existing landfill and preparationfor the new high-tech constructionMr Clayton pointed out the County is carefully following all requirements for closeoutof the existing site to assure that no contamination can now, or in the future, pollute thesurrounding areas ground water The required cover material will be placed over the cells toprotect the environment, and the necessary monitoring wells have been put in place The new,highly technical facility will have synthetic liners and a leachate collection system to preventfuture problems of contamination65922 Public Hearing 1100 am - Installment Financing Agreement - Johnston CountyWater Treatment PlantAdvertised December 20, 1994 in The Smithfield HeraldThe Chairman stated that a Notice of Hearing had been published on December 20,1994, in the Smithfield Herald, that the Board of Commissioners of the County of Johnston,North Carolina the Board would hold a public hearing on the question of the Countysproposed financing of a new water treatment facility the Project through an installmentfinancing agreementAt 1100 oclock AM, the Chairman declared the public hearing open and announcedthe Board would hear anyone who wished to be heard on the proposed financingCounty Manager, Richard B Self, informed the Board the 31 million dollar proposedamount would be the maximum amount the County would have to borrow He noted theCounty anticipates a 6 million State Clean Water Loan for the project, and hopes to obtainsome funding from grants for which the County has applied Any grant money received wouldlower the amount financed through installment financingAfter the Board had heard all persons who requested to be heard, the public hearingwas closedThe Chairman then asked the Board to consider and take action on a resolutionapproving the proposed installment financing subject to further action of the BoardCommissioner Jerry F Wood introduced the following resolution which was discussedand its title was readRESOLUTION AUTHORIZING THE FILING OF ANAPPLICATION FOR APPROVAL OF AN INSTALLMENTFINANCING AGREEMENT AUTHORIZED BY NORTHCAROLINA GENERAL STATUTES SECTION 160A-20WHEREAS, the Board has decided to pursue the financing of the Project pursuant toan installment financing agreement the Agreement with a financial institutionthe Lender which will provide the County up to 3,100,000 for the acquisition, construction,installation and equipping of the water treatment facility to be built on approximately 100acres of land owned by the County and located in Wilsons Mills, all in accordance with NorthCarolina General Statutes Section 160A-20; andWHEREAS, financing pursuant to North Carolina General Statutes Section 160A-20must be approved by the North Carolina Local Government Commission the LGC and willonly be approved if the findings of North Carolina General Statutes Section 159-151b aremet;NOW THEREFORE, BE IT RESOLVED by the Board, as follows1 The County hereby declares that it reasonably expects to make certain capitalexpenditures for the acquisition, construction, installation and equipping of the Project and toreimburse such expenditures out of the proceeds of an installment sale financing, up to amaximum amount of 3,100,000 This Resolution is intended to be a declaration of officialintent2 The proposed Agreement is necessary and expedient because the County needsadditional capacity in its water treatment system to meet existing and future water needs ofthe citizens of Johnston County3 The proposed Agreement is preferable to a bond issue for the same purpose becauseof the relatively short term and low interest rate expected to be achieved through theAgreement, which are different from the terms and rates available currently for generalobligation bonds The cost of the proposed undertaking exceeds the amount of funds that canbe prudently raised from currently available appropriations, unappropriated fund balances,and non-voted bonds that could be issued by the County in the fiscal year pursuant to ArticleV, Section 4, of the North Carolina Constitution The cost of revenue bond financing would behigher than the costs of this installment financing4 The cost of financing under the proposed Agreement is not greater than the cost ofissuing general obligation bonds The County intends to utilize a Request for Proposal processto obtain the lowest possible financing costs, with counsel fees not greater than in a generalobligation issue5 The sums to fall due under the Agreement are adequate and not excessive for thestated purposes of acquiring, constructing and equipping the Project6 The Countys debt management procedures and policies are good and have beencarried out in strict compliance with law and will henceforth be so carried out7 There will be no additional tax increase to meet the sums due under the proposedAgreement8 The County is not in default in any of its debt service obligations9 The attorney for the County has rendered an opinion that the proposed Project isauthorized by law and is a purpose for which public funds may be expended pursuant to theConstitution and laws of North Carolina10 The probable net revenues of the Project will be sufficient to meet the sums to falldue under the proposed Agreement11 The Chairman and other officers of the County are hereby authorized and directedto make application to the LGC in connection with the acquisition, construction, installationand equipping of the Project and the financing therefor12 All other acts of the Board and the officers of the County which are in conformitywith the purposes and intent of this resolution and in furtherance of the financing of theProject are hereby approved and confirmed13 All resolutions or parts thereof in conflict herewith are hereby repealed14 This resolution shall take effect immediatelyCommissioner Jerry F Wood moved the passage of the foregoing resolution andCommissioner Cookie Pope seconded the motion, and the resolution was passed by thefollowing voteAyes Commissioners Norman C Denning, John M Booker, James W Cash, Jerry FWood, Eleanor N Creech, Cecil M Massengill, and Cookie PopeNays NoneNot Voting None23 Commercial Solid Waste Decal DiscussedChairman Norman C Denning asked the Board to consider a way to provide for smallbusiness to use the compaction sites for disposing of solid waste He pointed out a smallbusiness that generates only a few bags of garbage a week is currently not allowed to disposeof their trash at the compaction sites because it is not classified as household garbage Hesuggested a possible solution might be to establish a commercial decal for a larger fee with aset maximum limit of solid waste disposal allowedFollowing further discussion, Chairman Denning appointed Commissioners CecilMassengill, Cookie Pope, and Jerry Wood to study the matter and report back to the Board24 Representative from the Corinth Holder Community - Discussion on SchoolsDavid Lentz, resident of Corinth Holder and member of the Smithfield- Selma HighSchool Advisory Board, informed the Commissioners the Corinth Holder Concerned Citizensgroup, that appeared before the Board last month, has contacted the Governor and StateLegislators asking for State assistance in improving Johnston County school facilities If thegroup has an opportunity to meet with the Governor, Mr Lentz invited the Commissioners toattend Several Board members indicated they would be interested in attending a meetingwith the GovernorThere being no further business, Commissioner John M Booker moved the Boardadjourn Commissioner James W Cash seconded the motion which carriedby unanimous voteNorman C Denning, ChairmanJoyce H Ennis, ClerkDetailsAnnotationsEntry PropertiesModified11192013 125631 PMCreated4152003 103933 AMTemplateMinutesFieldsMinutes - TypeRegularMinutes - Date131995Book19