September 6, 1994 - 10:00 AM - County Board of Commissioners Meeting Minutes

September 6, 1994The Johnston County Board of Commissioners met in regular session Tuesday, September 6,1994, at10 oclock am in the Commissioners Room, Johnston County Courthouse Annex, Smithfield, North Carolina,with the following membersPresent Norman C Denning, Chairman, Frank B Holding, Vice Chairman, James W Cash,John M Booker, DVM, Jerry F Wood, DDS, Eleanor N Creech, Cecil MMassengillAbsent NoneAlso Present Richard B Self, County Manager, and Joyce H Ennis, Clerk to the BoardThe Chairman called the meeting to order and the following business was transactedMinutesThe Chairman asked if there were any corrections to the minutes of the August 1, 11, 1994 boardmeetings There being no corrections, the Chairman declared the minutes approved as presented2 Resolution - In Memory of John F Stott - Tax AdministratorUpon a motion by Commissioner Frank B Holding, seconded by Commissioner Eleanor N Creechand carried by unanimous vote, the Board adopted the following resolution in memory of John F Stott,Johnston County Tax Administrator, who passed away on August 26, 1994RESOL UTION IN MEMORY OF JOHN F STOTTWHEREAS On August 26, 1994, the life of Johnston County Tax Administrator, John F Stott, camesuddenly and unexpectedly to a close at the young age of 54; andWHEREAS, John F Stott served as an honored and respected employee and official of Johnston Countyfor more than eighteen years; andWHEREAS, County employees, friends, and citizens throughout the entire vicinity are both shocked andgrieved by this death which seems so untimely; andWHEREAS, John Stott was an active church member, devoted family man, neighbor, and friend who wascourteous and considerate of the welfare of others and who performed his duties as theJohnston County Tax Administrator in a faithful and efficient manner at all times; andWHEREAS, John Stott earned the respect, admiration and high regard of all with whom he came intocontact, and thereby leaves behind a memorial of good citizenship, honor and integrityNOW, THEREFORE, BE IT RESOLVED that the Johnston County Board of Commissioners extend toJohn Stotts family our sincere sympathy in their hours of bereavement, andBE IT FURTHER RESOLVED that this memorial be made apart ofthe official records of Johnston County,and that an official copy of this expression of sympathy be presented to his familyThis the 6th day of September, 19943 Resolution to Amend State Clean Water Loan Grant Resolutions of March 28, 1994Upon a motion by Commissioner Jerry F Wood, seconded by Commissioner Frank B Holding andcarried by unanimous vote, the Board adopted the following resolution to amend resolutions adopted by theBoard on March 28, 1994RESOLUTION TO AMEND MARCH 28, 1994STATE CLEAN WATER REVOLVING LOAN AND GRANT FUND RESOLUTIONSWHEREAS, the Johnston County Board of Commissioners passed resolutions to submit applications forState Clean Water Revolving Loan and Grant Fund financing for water and wastewaterprojects on March 28, 1994; andWHEREAS, Johnston County submitted applications to the State for consideration for the review periodbeginning March 31, 1994; andWHEREAS, Johnston County desires for projects submitted to the State for the March 31, 1994 reviewperiod to be considered for its September 30, 1994 review period; andWHEREAS, the State has requested that resolutions authorizing the submittal of an application beamendedNOW THEREFORE BE IT RESOLVED BY THE JOHNSTON COUNTY BOARD OFCOMMISSIONERS THAT1 Projects previously submitted for State Clean Water Revolving Loan and Grant Fund financingcontinue to be considered by the State2 The Johnston County Water Treatment Plant and Water Main project application seek a total of6,000,000 in State Clean Water Revolving Loan and Grant Fund loansState Clean Water Revolving Loan and Grant Fund Resolution for each project adopted on March28, 1994 be amended as follows112 Johnston County will adopt and place into effect on or before completion of the project aschedule of fees and charges which will provide adequate funds for proper operation,maintenance and administration of the system, including the repayment of all principal dueon the loan Adopted this 6th day of September, 19944 Tax Exempt Loan - McLemore Fire DistrictCommissioner Jerry F Wood moved the Board adopt the following resolutionAPPROVAL OF TAX - EXEMPT LOAN TO VOLUNTEER FIRE DEPARTMENTNOW, THEREFORE, BE IT HEREBY RESOLVED that the Board of Commissioners ofJohnston County, North Carolina, does hereby approve a tax - exempt loan to the Cleveland Fire Department,Inc, a Volunteer Fire Department of North Carolina, from First Citizens Bank Trust Company in theprincipal amount of 80,00000, which loan is for the following purposesThe purchase by the VFD of a fire truck which fire truck will be owned and operated by the VFD, andwill be maintained at the following address3402 Cleveland RoadClayton, NC 27520Commissioner James W Cash seconded the motion which carried by the following voteAyes Norman C Denning, James W Cash, John M Booker, Jerry F Wood, Eleanor N Creech, andCecil M MassengillNo NoneAbstaining Frank B Holding5 Resolution Day By Day Treatment CenterCommissioner James W Cash introduced the following resolution which was discussed and its titlewas readRESOLUTION AUTHORIZING THE PAYMENT OFMONEYS TO SUPPORT THE DAY BY DAY TREATMENTCENTER OF JOHNSTON COUNTY, INCWHEREAS, Day by Day Treatment Center of Johnston County, Inc a nonprofit corporationorganized and existing under the laws ofthe State ofNorth Carolina Day by Day currently owns and operatesan alcohol and drug rehabilitation center located in Johnston County the Facility , which was constructedand financed out of the proceeds of a Deed of Trust Note issued on May 1, 1991 in favor of HighlandMortgage Company of Alabama the 1991 Lender in the original principal amount of 956,800 the 1991Note , which was secured by a Deed of Trust dated May 1, 1991, from the Borrower in Favor of the 1991Lender, as mortgagee the 1991 Deed of Trust ; andWHEREAS, the Johnston County Finance Corporation, a nonprofit corporation organized andexisting under the laws of the State of North Carolina and created by the County the Issuer intends to issueand sell to First Citizens Bank and Trust Company the Purchaser its Revenue Bond Day by Day TreatmentCenter of Johnston County Project, Series 1994, in the principal amount of ONE MILLION DOLLARS1,000,000 the Bond , to provide for the refinancing of the Facility pursuant to a Bond PurchaseAgreement the BPA dated as of September 1, 1994 among the Issuer, the Purchaser and First Citizens Bankand Trust Company, as Escrow Agent the Escrow Agent ; andWHEREAS, Issuer proposes to loan the proceeds of the sale of the Bond to Day by Day pursuant toa Loan Agreement dated as of August 1, 1994 the Loan Agreement for the purpose of prepaying itsobligations on the 1991 Note, including the premium due thereon, and canceling the lien of the 1991 Deed ofTrust; andWHEREAS, under the Loan Agreement, Day by Day agrees to repay the loan from the Issuer fromthe revenues received from the operation of the Facility on the terms and conditions set forth herein and in theLoan Agreement; andWHEREAS, upon maturity of the Bond, under the terms of the Loan Agreement and the Deed ofTrust, the Facility will automatically become the property of the County; andWHEREAS, the County finds that the continued operation of the Facility is in the best interests ofthe citizens of Johnston County, and wishes to assist Day by Day in obtaining financing for the Facility, and,where necessary, to pay debt service on the Bond in order to insure the continued operation of the Facility; andNOW, THEREFORE, BE IT RESOLVED by the Board, as follows1 The County agrees from time to time to make payments to the Escrow Agent such that theamount in the Reserve Fund established under the BPA is equal to the Reserve Requirement, as defined in theBPA At any time that the amount in the Reserve Fund is less than the Reserve Requirement, the Escrow Agentis directed under the BPA to notify the County, and the County agrees, as soon as practicable but not more thansix months after receiving such notice, to pay over to the Escrow Agent sufficient funds so that the amount inthe Reserve Fund equals the Reserve Requirements2 The County intends that to the extent required, funds sufficient to make all payments requiredby the preceding paragraph during the term of the Loan Agreement can be obtained While recognizing thatit is not empowered to make any binding commitment to make payments to the Escrow Agent or any otherpayments beyond its current fiscal year, the Board hereby states its intent to make appropriations sufficient tomeet the funding obligations ofthe Reserve Fund under the BPA, and hereby recommends that future governingbodies continue to do so long as the Bond is outstanding3 The County Manager is hereby directed to include in the initial proposal for each of theCountys annual budgets the amount of all payments expected to come due with respect to the Bonds duringthe fiscal year to which such budget is applicable The Manager is directed to deliver to the Escrow Agent andthe Purchaser, within 10 days after the adoption of the Countys budget for each fiscal year, but not later thanfifteen 15 days after the start of each fiscal year, a certificate stating whether an amount equal to the amountscoming due under the Note which will be due during the next fiscal year has been appropriated by the Countyin such budget4 This Resolution shall not be construed or interpreted as creating a pledge ofthe faith and creditofthe County within the meaning of any constitutional debt limitation, as creating a delegation of governmentalpowers nor as a donation by or a lending of the credit of the county within the meaning of the Constitution ofthe State ofNorth Carolina This Resolution shall not directly or indirectly or contingently obligate the Countyto make any payments beyond those appropriated in the sole discretion of the County for any fiscal year inwhich the Bond is outstanding5 All other acts of the Board and the officers of the County which are in conformity with thepurposes and intent of this resolution are hereby approved and confirmed6 All resolutions or parts thereof in conflict herewith are hereby repealed7 This resolution shall take effect immediatelyCommissioner James W Cash moved the passage ofthe foregoing resolution and Commissioner JerryF Wood seconded the motion, and the resolution was passed by the following voteAyes Commissioners Norman C Denning, James W Cash, John M Booker, Jerry F Wood, EleanorN Creech, and Cecil M MassengillNays NoneNot Voting Frank B Holding6 Request to DOT Installation of Turn Lanes at Cleveland School SitesThe Board discussed the traffic problems on SR 1010 at the entrances to the Cleveland SchoolsFollowing discussion, Commissioner Frank B Holding moved the Board request that the NCDepartment of Transportation widen and install turn lanes at the entrances to Cleveland Elementary andCleveland Middle Schools, both located on SR 1010 in Cleveland TownshipCommissioner Cecil M Massengill seconded the motion which carried by unanimous vote7 DOT - Right of Wav AcauisitionsUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner John M Booker andcarried by unanimous vote, the Board agreed to accept the NC Department of Transportations recommendationto remove SR 2135 Old Creech Road and SR 2328 Thompson Woodard Road from the State PavingPriority List due to failure to acquire sufficient right -of -way from property owners The motion included arequest that the next roads on the priority list be brought up to replace these projects8 SSS Bandbackers - Raffle ProceedsThe Board reviewed a request from the Smithfield -Selma High SBA Band Committee formerly theSSS Bandbackers asking that the County return the controversial prize money from their 1991 raffle In adecision handed down by Judge N L Cashwell, the prize money plus interest was awarded to the JohnstonCounty General Fund in March, 1994Following discussion, Commissioner John M Booker moved the Board return the 14,40409 receivedinto the General Fund by court order in March, 1994 to the Smithfield -Selma Band Committee to be used forthe SSS Band program Commissioner Booker further moved the Board approve the necessary budgetamendment Commissioner Frank B Holding seconded the motion which carried by unanimous voteBudget AmendmentExpenditure Increase10 66005700 Miscellaneous Expense 14,40409Revenue Increase10 39908100 Fund Balance 14,404099 Proclamations ApprovedUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board adopted the following three proclamationsLITERACY AWARENESS MONTHPROCLAMATIONWHEREAS, Johnston County has more than 20,000 citizens over the age of sixteen who cannot read orwrite well enough to perform simple everyday survival task; andWHEREAS, Johnston Community College is gearing up for a Fall kick -off campaign; andWHEREAS, Johnston Community College has joined the nationwide effort to combat adult illiteracy in theUnited States and especially in Johnston County; andWHEREAS, Johnston Community College seeks the endorsement of the Johnston County Board ofCommissioners for moral and committed support; andWHEREAS, The Johnston County Board of Commissioners join in the fight against adult illiteracy byencouraging this movement by Johnston Community College by helping people helpthemselvesNOW, THEREFORE, BE IT PROCLAIMED by the Johnston County Board of Commissioners that themonth of SEPTEMBER be declared ADULT LITERACY AWARENESS MONTHThis the 6th day of September, 1994HUNTING FISHING DAYPROCLAMATIONWHEREAS Conserving our States natural and wildlife resources is one of the most importantresponsibilities we have to this and future generations of North Carolina; and,WHEREAS Hunters and anglers were among the first to realize this responsibility almost 100 years ago;and,WHEREAS North Carolina hunters and anglers took steps to organize the conservation movement;supported laws to stop exploitation of wildlife; aided in establishing game and fish laws; andwere instrumental in establishing hunting and fishing license fees; and,WHEREAS In fiscal year 1993 -94, North Carolina hunters and anglers contributed 25 million to theNorth Carolina Wildlife Resources Commission for fish and wildlife management programsNOW, THEREFORE, the JOHNSTON COUNTY BOARD OF COMMISSIONERS hereby proclaimsSeptember 24, 1994 as HUNTING AND FISHING DAY in Johnston CountyProclaimed this 6th day of September, 1994PROCLAMATIONFIRST CITIZENS BANK BIG SWEEPWHEREAS First Citizens Bank Big Sweep is scheduled Saturday, September 17, 1994, 900 AMto 100 PM in Johnston County at river sites and waterways; andWHEREAS Johnston County volunteers, young and old, will pick up litter and document it bytype and number; andWHEREAS The proliferation of litter in county waterways is a danger to all living creatures andan eyesore for all communities in Johnston County, and water is essential for life; andWHEREAS First Citizens Bank is a business originating in the Town of Smithfield located inJohnston County; andWHEREAS First Citizens Bank is the major corporate sponsor of The Big Sweep, NorthCarolinas waterways litter cleanupNOW, THEREFORE, the JOHNSTON COUNTY BOARD OF COMMISSIONERS herebyproclaims September 17, 1994 as FIRST CITIZENS BANK BIG SWEEP DAY in JohnstonCounty as all volunteers work to create a litter -free and beautiful environment for waterwayscountywideProclaimed this 6th day of September, 199410 Public Hearing Rezoning CasesAdvertised August 19, 26, 1994 - The Smithfield HeraldCertified letters were mailed to adjoining property owners on August 17,1994 and notices wereposted at the locations on August 25, 1994The Chairman opened the public hearing and invited anyone who wished to address the Board on thefollowing rezoning requestsA CASE 101- Petition to rezone approximately 46 acres located on Josephine Road SR 1526in Cleveland Township from ARR -40 to R -30 Applicant Linwood Jones, SouthwindDevelopment CompanyB CASE 102 - Petition to rezone approximately 1 acre located on Buffalo Road SR 1003 inWilders Township from ARR -40 to Community Business Applicant Jerry PaceJeff Coutu, Planning Director, presented a map of the properties and pointed out the surroundingzoning In reference to Case # 102, Mr Coutu explained that Mr Pace plans to operate a tanning salon in anexisting store building He stated the Planning Board recommended approval of the rezoningsPrior to discussing CASE #104, those persons wishing to speak were sworn in by the ClerkC CASE 104 - Petition to rezone approximately 425 acres located on Little Creek Church RdSR 1563 in Clayton Township from ARR -40 to ARR -40 Special Use District ApplicantJames and Peggy PriceMr Coutu pointed out the property on a map and stated Mr and Mrs Price plan to operate a dogkennel He stated the Planning Board recommended approval of the rezoningMr John Massey, adjoining property owner, opposed the rezoning stating that in his opinion a dogkennel would reduce the value of his property He asked the Board to leave the property zonedagriculture residentialJames Price stated he has been raising dogs for sometime and has always kept them in pens He wishesto build a proper building to better care for his animalsThere being no further comments, the Chairman closed the public hearing11 Rezoning Cases DecidedA CASE 101- Petition to rezone approximately 46 acres located on Josephine Road SR 1526in Cleveland Township from ARR -40 to R -30 Applicant Linwood Jones, SouthwindDevelopment CompanyUpon a motion by Commissioner Cecil M Massengill, seconded by Commissioner Jerry F Wood andcarried by unanimous vote, the Board approved rezoning CASE 4101 for Linwood Jones, SouthwindDevelopment Company, for 46 acres in Cleveland Township from ARR -40 to R -30B CASE 102 - Petition to rezone approximately 1 acre located on Buffalo Road SR 1003 inWilders Township from ARR -40 to Community Business Applicant Jerry PaceUpon a motion by Commissioner Cecil M Massengill, seconded by Commissioner Eleanor N Creechand carried by unanimous vote, the Board approved rezoning CASE 102 for Jerry Pace for 1 acre located inWilders Township from ARR -40 to Community BusinessC CASE 104 - Petition to rezone approximately 425 acres located on Little Creek Church RdSR 1563 in Clayton Township from ARR -40 to ARR -40 Special Use District ApplicantJames and Peggy PriceUpon a motion by Commissioner James W Cash, seconded by Commissioner Cecil M Massengill andcarried by unanimous vote, the Board voted to accept the recommendation of the Planning Board and approverezoning of CASE 104 for James and Peggy Price for 425 acres in Clayton Township from Ar R -40 to ARR-40 Special Use District12 Public Hearing Immediately Following Rezoning Hearing - Special Use PermitAdvertised August 19, 26, 1994 - The Smithfield HeraldCertified letters were mailed to adjoining property owners on August 17,1994 and notices wereposted at the locations on August 25, 1994The Chairman opened the public hearing and invited anyone who wished to address the Board on thefollowing Special Use Permit RequestCASE 104 - A special use permit application for a dog- breeding kennel on approximately 425 acreson Little Creek Church Rd SR 1563 in Clayton Township Applicant James Peggy PricePeggy Price stated she and her husband plan to build a sanitary kennel to raise small breeds of dogsShe noted the dogs will be cared for and properly vaccinatedChairman Denning addressed the following questions to Jeff Coutu, County Planning Director1 Mr Coutu, was a pre - application conference held by the Planning Department with theapplicant Response Yes, Sir2 Did the applicant meet the requirements at that time by providing a sketch plan illustrating thelocation, size and major design elements of the development of the site Response Yes, Sir3 Did your department prepare an analysis of the application including its conformity withzoning, subdivision, soil erosion and sedimentation, and health regulations Response Yeswe did4 Did the Planning Board advertise and hold a hearing open to the public Response Yes, Sir5 Was written certification sent to the adjacent property owners in a timely fashion ResponseYes it was6 What is the recommendation of the Planning Board Response The Planning Boardrecommends approvalChairman Are there any conditions attached Response The Planning Boardsrecommendation was based on several findings of factChairman Mr Coutu, please read to this Board the summary of the evidence supporting theaction Response Mr Coutu read the following evidence of support found by the PlanningBoard1 Use will be for dog breeding only2 The use will promote the public health, safety and general welfare, if locatedwhere proposed and developed and operated according to the plan as submitted3 The use will maintain the value of contiguous property4 The use is in compliance with the general plans for the physical development ofJohnston County7 Did you notify the applicant in writing of the Planning Boards recommendation ResponseYes, Sir8 Is the applicant aware that if the Commissioners deny the request that no application can beaccepted for the same or a similar use affecting the same property for a period of twelve 12months Response Yes, Sir9 Is the applicant aware that the right of appeal to the Board of Adjustment must be exercisedwithin thirty 30 days of this date Response Yes, Sir10 Is the applicant aware that the permit will expire at the end of twelve 12 months if it is notused as permitted within that time period Response Yes, SirThere being no further comments, the Chairman closed the public hearing13 Special Use Permit AuthorizedUpon a motion by Commissioner James W Cash, seconded by Commissioner Cecil M Massengill andcarried by unanimous vote, the Board authorized the Planning Department to issue a special use permit forJames and Peggy Price to operate a dog breeding kennel on approximately 425 acres located on Little CreekChurch Road in Clayton Township based on the following findings of fact1 Use will be for dog breeding only2 The use will promote the public health, safety and general welfare, if located where proposedand developed and operated according to the plan as submitted3 The use will maintain the value of contiguous property4 The use is in compliance with the general plans for the physical development of JohnstonCounty14 Public Hearing 1030 am - Amendments to Zoning OrdinanceAdvertised August 23, 1994 - The Smithfield HeraldThe Chairman opened the hearing and invited anyone who wished to address the board on the followingproposed amendments to the Johnston County Zoning OrdinanceA Amendment to Article 4, Section 4 of the Zoning Ordinance to allow R -30 residential by rightif public water is available and connection is made to the public water system; a subdivision to qualify for R -30if public water supply is available and NC- DEHNR, Public Water Section, has approved plans andspecifications of the subdivision water systemCounty Manager, Richard B Self, noted that this would apply only when public County water wasused He commented that the automatic rezoning under these circumstances would save time and money forthe citizensB Amendment to the Watershed Protection Map for Johnston County to show a critical areaoverlay district and to show the extended protected areaMr Self noted the critical overlay district is the area around the intake site for the proposed waterplant, and the extended area is located around the Town of ClaytonThere being no further comments, the Chairman closed the public hearing15 Zoning Amendments ApprovedUpon a motion by Commissioner Cecil M Massengill, seconded by Commissioner Frank B Holdingand carried by unanimous vote, the Board approved amendments to the Johnston County Zoning Ordinanceas followsADD Article 4Section 44 -13 - A2ricultural- Residential R -40 rezone to R -30 Residential by RightThe regulations of this district allow a rezoning from R -40 to R -30 without rezoning approvalby the Planning Board or Board of Commissioners conditioned upon the followingrequirements being met1 Individual property owner dealing with one lot which is connected to the public watersupply may be reclassified from R -40 to R -302 Subdivisions with approval of plans and specifications from the NC Department ofEnvironmental Health and Natural Resources DEHNR, Public Water Section, andapproval from the Johnston County Public Utility Department for connection to thepublic water supply system may be reclassified from R -40 to R -303 Application for rezoning under this provision shall be made to the Johnston CountyPlanning Department4 The Planning Department shall ensure that the zoning maps and GIS maps areupdatedArticle XIII - Amendment to Watershed Protection Map for Johnston CountyThe Watershed Protection Map approved June 6, 1994, amended to include critical area overlaydistrict and extended protected area NOTE Amended Map in Johnston County Ordinance Book 42 - page11616 Bill Sharpe Recognized - Candidate for NC SenateThe Board recognized Bill Sharpe, candidate for the NC Senate from the 11th District Mr Sharpspoke briefly about his desire to serve in the NC Senate17 Advertisement for Bids ApprovedUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner John M Booker andcarried by unanimous vote, the Board authorized the County Manager to advertise for bids for a roll -off truckfor moving solid waste and recycling containers for the Public Utilities Department18 Budget Amendments ApprovedUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner Frank B Holdingand carried by unanimous vote, the Board approved the following budget amendmentsA Emergency Management - Planning Grant - Hazardous Materials Transportation ActExpenditure Increase10 53001411 Planning Grant HMTA 8,36800Revenue Increase10 35838200 Emergency Management Revenue 8,36800B Health Department - Environmental Hlth - Lead Poisoning Prevention InvestigationTrainingExpenditure Increase - Environmental10 5910 -7400 - Capital Outlay 1,34000Revenue Increase10 351882 DEHNR - Evn Health D 1,34000C Sheriffs Department - Juvenile RestitutionExpenditure Decrease10 51300505 Disability Insurance 2000Expenditure Increase10 51301400 Travel 9320010 51302100 Rental 11,6000010 51305400 Insurance 6500010 51303100 Vehicle Supplies 450001051301700 Repairs Maintenance 65000Revenue Increase10 34331215 State Juvenile Restitution 14,26200D Special AppropriationsUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Frank B Holding andcarried by unanimous vote, the Board approved the following budget amendment to purchase West SmithfieldWater EquipmentExpenditure Increase10 66509082 West Smithfield Equipment Purchase 40,00000Expenditure Decrease10 66505700 Contingency 40,0000019 Foster Care Rate Increase ApprovedUpon a motion by Commissioner John M Booker, seconded by Commissioner Frank B Holding andcarried by unanimous vote, the Board approved the following rate increases for foster care with theunderstanding that funds be absorbed from within the Social Services Department of at all possibleExisting rate of 26500 for all children increased as followsBirth to 5 years of age 3156 to 12 years of age 36513 to 18 years of age 41520 Paving Petition SR 2528 Quarterhorse RoadWade Barefoot presented a petition signed by property owners on Quarterhorse Road SR 2528requesting that the road be paved He remarked on the poor condition of the road and asked the Boardsassistance in requesting additional maintenance until the road is pavedFollowing discussion, Commissioner Frank B Holding moved the Board forward the petition to theNorth Carolina Department of Transportation with recommendation for consideration Commissioner Holdingfurther moved the Board request that DOT consider additional maintenance until such time as paving isapproved Commissioner Jerry F Wood seconded the motion which carried by unanimous vote21 Paving Request - Cardinal Country Club RoadThe Board considered a letter from Mike Munden, President of Cardinal Country Club, requestingpaving of Cardinal Country Club Road SR 2364 It was pointed out that although there are few houses orbusinesses on the road, the Country Club generates heavy trafficFollowing discussion, Commissioner Jerry F Wood moved the Board forward Mr Mundens letter tothe Department of Transportation with the Boards request for consideration Commissioner Frank B Holdingseconded the motion which carried by unanimous vote22 Public Hearing Reclassification of Neuse RiverAdvertised August 23, 1994 - The Smithfield HeraldThe Chairman opened the public hearing and invited anyone who wished to address the Board on theproposed reclassification of the Neuse River at a point for a specific intake site, and the establishment of awater quality critical area and amendments to the Countys existing water quality protected areaCounty Manager, Richard B Self, noted that reclassification of the river as a water supply is neededin order to proceed with plans for the proposed water plant Tim Broome, Engineer with McKim and Creed,was present to answer questionsThere being no comments, the Chairman closed the public hearing23 Reclassification of Neuse River RequestedCommissioner Eleanor N Creech moved the Board formally request that the NC Department ofEnvironment, Health, and Natural Resources, Division of Environmental Management, reclassify the NeuseRiver for a specific water supply source at a point for a specific intake site with a map of location to beforwarded with the request Commissioner Cecil M Massengill seconded the motion which carried byunanimous vote61024 Water Plant Site - Acquisition of SiteThe Board discussed the Countys option on property for the proposed water treatment facilityFollowing discussion, Commissioner Frank B Holding moved the Board authorize the CountyManager andor Chairman to sign the necessary documents to acquire property for the Johnston County WaterTreatment Facility from fund balance Commissioner Holding further moved the County secure an option fromthe landowner on additional acreage for a period of at least one yearCommissioner Cecil M Massengill seconded the motion which carried by unanimous voteBudget AmendmentExpenditure Increase10 66509060 Water Sewer Construction 300,00000Revenue Increase10 39908100 Fund Balance 300,0000025 Loan from General Fund to Public Utilities Approved - Water Plant Site ConstructionCommissioner Frank B Holding moved the Board authorize an interest -free loan from the JohnstonCounty General Fund to the County Water Fund for site preparation and construction for the Johnston CountyWater Plant and associated engineering costs in the amount of 13 million until such time as anticipated grantsandor loans are awarded for the project Commissioner Jerry F Wood seconded the motion which carried byunanimous voteBudget AmendmentExpenditure Increase10 66509060 Water Sewer Construction 1,300,00000Revenue Increase10 39908100 Fund Balance 1,300,0000026 Award of Bid - Grading and Site Improvements and Reservoirs - Water PlantThe Board considered the following bids received September 1, 1994, for the Johnston County WaterFacilities Grading and Site Improvements projectBIDDERALTERNATE BIDBarnhill Contracting Co, Tarboro, NC1,125,94800Laramore Construction Co, Danville, VA1,270,58350ST Wooten Corp, Wilson, NC1,186,49640T A Loving, Goldsboro, NCNo BidW E Blackmon, Smithfield, NC1,389,46850C M Lindsay Sons, Lumberton, NC1,465,45700Glover Construction Co, Pleasant Hill, NC1,578,50000Triangle Paving, Burlington, NC1,836,18250TOTAL BASE BID1,125,948001,180,443501,210,896401,345,262501,389,468501,495,457001,661,000001,845,98250Following review and discussion, Commissioner Jerry F Wood moved the Board award contract tolow bidder, Barnhill Contracting Co, Tarboro, NC, for Water Plant Facility Grading and Site Improvementsfor the total base bid amount of 1,125,948, and approve the associated engineering costs contingent upon theCounty receiving all necessary permits and acquiring title to the land Included in the motion was authorizationfor the Chairman andor County Manager to execute the necessary documentsCommissioner Cecil M Massengill seconded the motion which carried by the following voteAyes Norman C Denning, Frank B Holding, John M Booker, James W Cash, Jerry F Wood, CecilM MassengillNo Eleanor N Creech27 Bid Award- Corinth Holder Water Supply FacilitiesThe Board reviewed the following bids received August 23, 1994 for construction of the CorinthHolder Water Supply FacilitiesRalph Hodge Construction, Roanoke Rapids, NC 595,37850Hendrix - Barnhill Co, Greenville, NC 714,15700T A Loving, Goldsboro, NC 718,29300Thompson Plumbing, Wilson, NC 749,77300Billings Garrett, Raleigh, NC 786,22550E C Pace Company, Roanoke, VA 867,27300611Following review, Commissioner Eleanor N Creech moved the Board award contract to the lowbidder, Ralph Hodge Construction, Roanoke Rapids, in the amount of 595,37850 for construction of theCorinth Holder Water Supply Facilities, and approve a budget amendment for a total project cost in the amountof 700,000 Commissioner Creech further moved the Board authorize the Chairman andor County Managerto sign the necessary documents for the projectCommissioner Frank B Holding seconded the motion which carried by unanimous voteBudget AmendmentExpenditure Increase10 66509060 Water Sewer Construction 700,00000Revenue Increase10 39908100 Fund Balance 700,0000028 Public Hearing - Amendments to Ambulance Franchise OrdinanceAdvertised August 23, 1994 - The Smithfield HeraldThe Chairman opened the public hearing and invited those who wished to address the Board onproposed amendments to the Johnston County Ambulance Franchise Ordinance, and recommendations forchanges in level of service for several ambulance providersDewayne West, Emergency Management Director, informed the Board several rescue squads haveindicated interest in going to the paramedic level of service In considering the added liability, Mr West statedhe requested Attorney W A Holland to review the Countys Ambulance Ordinance and recommend anynecessary modification The following changes were recommended to update the Ambulance Ordinance tocomply with State law and protect the Countys interestSection III Application for Ambulance FranchiseSubsection 31 dDelete An audited financial statement of the applicant as the same pertains to the operations in theCounty of Johnston, said financial statement to be in such form and in such detail as may berequired by the CountyAdd A financial statement of the applicant as the same pertains to the operations in the County ofJohnston, said financial statement to be in such form and in such detail as may be required bythe County Note Requiring an audited statement is creating a financial burden on some ofthe volunteer rescue units If there is a situation that warrants an audited statement, it couldbe required under subsection gAdd subsection h The County of Johnston may establish and from time to time revise a scheduleof rates, fees and charges that may be charged by franchised operatorsAdd subsection i The County of Johnston may establish and from time to time revise a scheduleof rates, fees and charges that may be charged for the review of franchise applications Section V Term of FranchiseSubsection 58Delete The franchise certificate shall be posted in a readily visible location at the base of operationsfor the franchised serviceSubsection 59Delete A franchise certificate may not be defaced, removed or obliteratedNote This appears to be unnecessary and costlySection IX InsuranceSubsection 91aDelete In the minimum sum of 500,000 for injury to or death of individuals in accidents resultingfrom any cause for which the owner of said vehicle would be liable on account of liabilityimposed on him by law, regardless of whether the ambulance was being driven by the owneror his agency, andAdd In the minimum sum of 500,000 for injury to or death of one individual and a minimum of1,000,000 per accident in accidents resulting from any cause for which the owner of saidvehicle would be liable on account of liability imposed on him by law, regardless of whetherthe ambulance was being driven by the owner or his agency, andSubsection 92Add The Franchisee shall hold harmless and indemnify the County from and against any and allliabilities, costs, damages, expenses, and attorneys fees resulting from or attributable to anyand all acts and omissions of the franchisee All franchisees shall maintain an errors andomissions policy at an amount not less than 1,000,000 To the extent that any such liabilities,costs, damages, expenses, and attorneys fees are compensated for by insurance, the franchiseeshall not be required to reimburse the County or the insurer for the sameDetailsAnnotationsEntry PropertiesModified11192013 34910 PMCreated4162003 92651 AMTemplateMinutesFieldsMinutes - TypeRegularMinutes - Date961994Book19