August 1, 1994 - 10:00 AM - County Board of Commissioners Meeting Minutes

August 1, 1994The Johnston County Board of Commissioners met in regular session Monday, August 1, 1994, at 10oclock am in the Commissioners Room, Johnston County Courthouse Annex, Smithfield, North Carolina,with the following members presentNorman C Denning, Chairman, James W Cash, John M Booker, DVM, Jerry F Wood, DDS,Eleanor N Creech, Cecil M Massengill Frank B Holding, Vice Chairman, arrived at 1015 amAbsent 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 transacted1 MinutesThe Chairman asked if there were any corrections to the minutes of the July 5, 1994 board meetingThere being no corrections, the Chairman declared the minutes approved as presented2 Resolution Financing of Clayton SchoolThe following resolution was discussed and its title readRESOLUTION CONFIRMING APPROVAL OF AN INSTALLMENT PURCHASE CONTRACTFOR THE NEW CLAYTON SCHOOL FACILITY AUTHORIZED BY NORTH CAROLINAGENERAL STATUTES § 160A -20WHEREAS, Pursuantto North Carolina General Statutes § 153A -157, Johnston County the Countyis authorized to acquire real or personal property for use by the Johnston County School Board the SchoolBoard and to acquire and construct a new school facility the Project in the County; andWHEREAS, the Board of Commissioners of Johnston County the Board desires to finance theProject by the use of an installment contract authorized under North Carolina General Statute 160A -20; andWHEREAS, such financing of the Project has been previously approved by this Board on July 5,1994; andWHEREAS, there have been presented to the Board substantially final forms of the followingdocuments which First - Citizens Bank and Trust Company the Bank and the County propose to use inconnection with the financing of the Projecta An Installment Purchase Contract between the Bank and County; andb A Deed of Trust to be executed by the County in favor of the Bank as security forthe Agreement together with all other documents required by the Bank as security for the Agreement, theSecurity DocumentsNOW, THEREFORE, the Board of Commissioners of Johnston County, meeting in regular sessionat Smithfield, North Carolina, on August 1, 1994, do the followingBE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF JOHNSTON COUNTY1 The Chairman or Vice Chairman of the Board is hereby authorized and directed to executeand deliver the Agreement and the Security Documents which shall be in substantially the forms previouslysubmitted, which are hereby approved, with such completions, omissions, insertions, and changes as may beapproved by the Chairman or Vice Chairman, including such changes as may be required by the North CarolinaLocal Government Commission, their execution to constitute conclusive evidence of their approval of any suchcompletions, omissions, insertions and changes The Clerk of the Board shall attest and seal such documentsas require the Clerks attestation and the County seal2 The officers and employees of the County are hereby authorized and directed to deliver allcertificates and instruments and to take all such further action as they may consider necessary or desirable inconnection with execution of the Agreement and the Security Documents and the undertaking of the Project3 To the extent permitted by law, the County Manager, or such other officer or employee of theCounty as may be responsible from time to time for the preparation of the Countys annual budget, is herebyauthorized and directed to carry out the obligations imposed by the Agreement on such officer or employee4 All other actions of the officers of the County which are in conformity with the purposes orintent ofthis resolution and in furtherance ofthe execution ofthe Agreement and the undertaking of the Project,including the execution of the Security Documents, are hereby ratified, approved and confirmed Therepresentations of the County made in the Agreement and the Security Documents are hereby confirmed TheCountys approval of the Agreement and the Security Documents is contingent upon approval by the NorthCarolina Local Government Commission5 The obligations ofthe County under the Agreement and the related note are hereby designatedas qualified tax- exempt obligations for purposes of Section 265b3 of the Internal Revenue Code of 1986,as amended the Codea The Board will in no event designate more than 10,000,000 of obligations asqualified tax - exempt obligations in 1994 including the obligations hereby approved, for the purpose of suchSection 265b3;b The County and all its subordinate entities within the meaning of Section 265b3ofthe Code have not issued more than 10,000,000 oftax- exempt obligations in 1994 not including privateactivity bonds, as defined in Section 141 of the Code, other than qualified 501c3 bonds, as defined inSection 145 of the Code, including the obligations hereby approved;c Barring circumstances unforeseen as ofthe date of delivery ofthe obligations herebyapproved, the Board will not approve the issuance oftax- exempt obligations ofthe County or such subordinateentities if the issuance of such tax - exempt obligations would, when aggregated with all other tax - exemptobligations theretofore issued in 1994 by the County and such subordinate entities, result in the County andsuch subordinate entities having issued a combined total or more than 10,000,000 of tax - exempt obligationsin 1994 not including private activity bonds other than qualified 501c3 bonds, including the obligationshereby approved; andd The Board has no reason to believe that the County and such subordinate entities willissue tax - exempt obligations in 1994 in an aggregate amount that will exceed such 10,000,000 limit; provided,however, that ifthe Board receives an opinion of its bond counsel that compliance with any restriction set forthin b or c above is not required for the obligations hereby approved to be qualified tax- exempt obligations,the Board need not comply with such restriction6 This resolution shall take effect immediatelyCommissioner James W Cash moved the passage of the 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 Holding Absent at time of Vote3 Four Oaks Communities In Schools - PresentationKen Core, President of Four Oaks Communities In Schools, spoke to the Board about the positiveeffects this project has had in the Four Oaks Community He explained that Communities in Schools CISbegan in Four Oaks in the spring of 1992 and is an effort, through volunteers and community services, to reachout to children in need The project is based on and sponsored by the national model known as Cities inSchools headquartered in Alexandria, VirginiaMr Core explained that reaching at -risk children at an early age can turn their lives around and startthem toward successful and productive school years and adult work life While the program primarily targetsat -risk children, he noted all the children at Four Oaks have benefitted With the help of a VISTA VolunteerGrant, the local CIS has received training and assistance through a VISTA Volunteer and have been able tostart two after school enrichment programs with 4 -H block grant fundsDianne Heritage, Executive Director of the Four Oaks CIS, added her comments on the success of theprogram She stated 30 children were served during the 1993 -94 school year and the program hopes to expandits efforts to help 60 at -risk children in the coming year She and Mr Core asked for the Boards support andendorsement for the programCommissioner Frank B Holding stated it is his understanding that the program already has the supportof the Governors office and is encouraged by the Countys School Administration He expressed hope that allthe Countys schools will soon have a similar program597Linwood Parker, Chairman of Four Oaks CIS Fund Raising, explained the program is a public privatepartnership with many volunteers committed to working a set number of hours weekly Most of their fundingcomes from private sources and state and federal grants, however their budget is currently 10,000 short Heasked the Board not only to formally endorse the program but to consider an appropriation to help alleviatetheir shortfallChairman Denning thanked the committee for their presentation and stated the Board would take thematter of an appropriation under considerationUpon a motion by Commissioner Frank B Holding, seconded by Commissioner Cecil M Massengilland carried by unanimous vote, the Board formally endorsed the Four Oaks Communities In Schools Programand the concept of Communities In Schools Programs throughout the County4 Transfer of Property to Board of Education - Cleveland SchoolUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner James W Cash andcarried by unanimous vote, the Board authorized the transfer of 385 acres in Cleveland Township, purchasedfrom Ann and Stenson Lee, to the Board of Education on which to relocate the Cleveland School ball field5 Communitv Based Alternative ProgramAs recommended by the Johnston County Youth Task Force, Commissioner Eleanor N Creech movedthe Board approve the Co -Ed Youth Services Project sponsored by the Family Life Center for CBA fundingfor 1994 -95 in the proposed amount of 22,090 Commissioner Creech further moved the Board authorize thespending of 250 in CBA funds for postage and other office expensesCommissioner Cecil M Massengill seconded the motion which carried by unanimous vote6 Department of Transportation - Right -of -WayThe Board postponed action until the September meeting on requests from DOT to remove SR 2135Old Creech Road and SR 2328 ThompsonWoodard Road from the State paving list as they have beenunable to obtain right -of -way from some of the citizens along these roads7 Public Hearing Set Amendments to Zoning OrdinanceThe Board called for a public hearing at 1030 am on Tuesday, September 6, 1994 to hear publiccomment on proposed amendments to the Johnston County Zoning Ordinance8 Resolution Public Hearing Set for Reclassification of Neuse River for Water SupplyUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board adopted the following resolution calling for a public hearing onreclassifying the Neuse River in Johnston County for water supplyRESOLUTION CONCERNING PROPOSED RECLASSIFICATION OF THENEUSE RIVER IN JOHNSTON COUNTY FOR WATER SUPPLYWITNESSETHWHEREAS, Johnston County is growing at an unprecedented rate and current water demands are taxingavailable water supplies and future water demands will require an additional water supplysource; andWHEREAS, It is in the best interest of Johnston County to construct a new intake and water treatmentplant on the Neuse River; andWHEREAS, A site has been identified on the Neuse River between the Town of Selma and the WilsonsMills community and a satisfactory environmental assessment of the site has been completed;andWHEREAS, The Johnston County Board of Commissioners intends to construct a water treatment plantat this siteNOW, THEREFORE, the Johnston County Board of Commissioners do hereby resolve1 To set a public hearing on September 6, 1994, at 1100 am concerning reclassification of theNeuse River at this point for a specific intake site, which in turn will involve establishmentof a water quality critical area and amendments to the Countys existing water qualityprotected area, in accordance with state regulations2 Following the public hearing to request the Environmental Management Commission toreclassify the river at this location for a specific water supply sourceResolved this the first day of August, 1994W 9 •9 Resolution Adopted - Breastfeeding Week - 1994Upon a motion by Commissioner Eleanor N Creech seconded by Commissioner Jerry F Wood andcarried by unanimous vote, the Board adopted the following resolutionProclamationBreastfeeding Week -1994WHEREAS Children are the number one priority in Johnston County and should be given the opportunityto lead healthy and prosperous lives; andWHEREAS Breastfeeding is a healthy, natural food source for infants that provides them with an idealbalance of nutrients and a high degree of natural immunity against infection and allergies; andWHEREAS Breastfeeding is recommended by the United States Surgeon General and the majority ofhealth care professionals and is the worlds only non - polluting, renewable baby food sourcecontaining the best possible nutrients for infants producing healthy and strong adultsNOW, THEREFORE, the Johnston County Board of Commissioners does hereby proclaim August1 -7, 1994, as Breastfeeding Week in Johnston County and encourage our citizens to recognize theimportance of improving the health of babies in our areaProclaimed this 1 st day of August, 199410 Award of Bid Voting EquipmentThe Board reviewed the following bids received on July 27, 1994, on Elections Voting EquipmentBUSINESS RECORDS CORPORATION34 OPTECH III PE Tabulators - Unit Cost 6,100 207,400Less Trade -in 51,000Net Bid - Cost less trade -in 156,400Software 13,600TOTAL BID EXCLUDING TAX 170,000ACCU -VOTE - GLOBAL ELECTIONS SYSTEMS INC -34 Accu -Vote ES 2000 Precinct Tabulators - Unit Cost 6,250 212,500Less Trade -in 45,900Net Bid - Cost less trade -in 166,600Software 9,500TOTAL BID EXCLUDING TAX 176,000Following review and at the recommendation of the Johnston County Board of Elections,Commissioner John M Booker moved the Board award bid to low bidder, Business Records Corporation, for34 OPTECH III PE Tabulators and software in the amount of 170,000 Commissioner Booker further movedthe Board approve the following budget amendment from unappropriated fund balance to cover the costCommissioner Jerry F Wood seconded the motion which carried by unanimous voteExpenditure Increase - Elections10 43007400 Capital Outlay 170,00000Revenue Increase10 39908100 Fund Balance 170,0000011 Budget Amendments ApprovedA Sheriffs DepartmentUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Cecil M Massengill andcarried by unanimous vote, the Board approved the following budget amendment to budget funds from drugforfeitures for year ending 63094Expenditure Increase10 51007400 Capital Outlay 60,23560Revenue Increase10 39908100 Fund Balance 60,23560B Health DepartmentUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner John M Booker andcarried by unanimous vote, the Board approved the following budget amendments? 1 1Expenditure Increase - Child Health - Grant Monies from DEHNR, Injury Control Activities10 59454700Car Seats for indigent parents2,50000Revenue Increase -10 3519826DEHNR - Injury Control Section2,50000Expenditure Increase -Maternal Health - Midwife Grant Award10 5925 -0200Salaries 3 positions 87,5000010 5925 1400Travel2,50000Revenue Increase10 3519 823DEHNRDiv of Maternal Child Hlth90,00000Expenditure Increase -Adult Health - CDC grant on Dating Violence10 5920 7400Capital Outlay3,40400Revenue Increase10 3519 821UNC Chapel Hill PHN 3,40400Expenditure Increase -Donation from TB Assoc for Employee training10 59151400Epidemiology - Travel 20000Revenue Increase10 351982Johnston Co TB Assoc 20000Expenditure Increase -Adult Health - CDC Grant - Cancer programs10 59200400Professional Services 27,69900Revenue Increase10 3519821DEHNR27,6990012 AppointmentsA Library Board of TrusteesUpon a motion by Commissioner Frank B Holding, seconded by Commissioner Jerry F Wood andcarried by unanimous vote, the Board appointed Susan Auman from Benson to the Public Library of JohnstonCounty and Smithfield Board of Trustees for a three year term to expire August 31, 1997B Council on the Status of WomenUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner John M Booker andcarried by unanimous vote, the Board appointed Cookie Pope to the Johnston County Council on the Statusof Women for a two year term to expire August 31, 1996C Town of Princeton - Board of AdjustmentUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Cecil M Massengill andcarried by unanimous vote, the Board appointed Neil Epps as ETJ member to the Princeton Board ofAdjustment for a three year term as recommended by the Princeton Town Commissioners13 Recreation Grants ApprovedUpon a motion by Commissioner Frank B Holding, seconded by Commissioner John M Booker andcarried by unanimous vote, the Board approved the following 2000 recreation grant Johnston CountyGenealogical Historical Society 9495 -1Upon a motion by Commissioner Frank B Holding, seconded by Commissioner Eleanor N Creechand carried by unanimous vote, the Board approved the following recreation grants for 1994 -95Family Life Center 9495 -2, 2,000; North Johnston High School Panther Club 9495 -3 2,000;and Johnston Central Alumni Association 9495 -4 2,00014 Engineering Agreement ApprovedUpon a motion by Commissioner James W Cash, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board authorized McKim Creed to proceed with engineering work to relocatethe water lines located at Miles, Incorporated outside of Clayton to allow the industry to expand15 Easement to CP L - Wilsons Mills Pump StationUpon a motion by Commissioner John M Booker, seconded by Commissioner Frank B Holding andcarried by unanimous vote, the Board approved an easement consisting of approximately 104 acres in WilsonsMills to Carolina Power Light Company to provide power to the sewer Pump Station at Wilsons MillsSchool16 Offer to Purchase Equipment Stock from West Smithfield Sanitary DistrictUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Cecil M Massengill andcarried by unanimous vote, the Board agreed to offer 40,000 to West Smithfield Sanitary District for theirequipment and stock since the Sanitary District has now been annexed into the Town of Smithfield17 Cleveland School - Athletic FieldsCounty Manager, Richard B Self, informed the Commissioners that the County has been asked toprovide funds to grade the remaining athletic fields at Cleveland School at a cost of 10,000 while heavygrading equipment is at the site Currently the grading company is preparing a new baseball softball field atthe Countys expense because the field had to be relocated in order to place the new Skills Training Center atthe locationUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Frank B Holding andcarried by unanimous vote, the Board authorized the following budget amendment to transfer 10,000 to theJohnston County Board of Education for the purpose of grading athletic fields at Cleveland SchoolExpenditure Increase10 66259007 Transfer to School Capital Outlay 10,00000Revenue Increase10 39908100 Fund Balance 10,0000018 Public Hearing - Waste Management Facility PlanAdvertised The Smithfield Herald - June 24, 1994WMPM Radio, Smithfield, NCChannel 35 TV, Selma, NCThe Chairman opened the public hearing and invited anyone who wished to address the Board on theproposed waste management facility plan for Phase I of the expansion of the County LandfillC T Clayton with McKim Creed Engineers presented the following overview of the proposedactivities to implement the facility plan for the landfill1 Expansion of existing landfill is proposed for the property immediately adjacent and to thewest of the existing landfill facility2 First phase of development referenced as Future Phase 5 will provide approximately 5 yearsof capacity Subsequent development of Future Phases 6, 7, and 8 is planned with each areato provide approximately five additional years of capacity Total expected operating capacityof the proposed site is anticipated to be about 20 years3 The landfill will comply with new landfill regulations which require a synthetic liner and aleachate collection system The leachate will be collected, pretreated and pumped to theJohnston County Wastewater Treatment Plant for further treatment and disposal4 Erosion and sediment control measures will also be implemented during construction,operation, and closure of the landfill5 Methane gas which is commonly generated at solid waste landfills will be monitored, collectedand disposed of6 Each day, a synthetic cover will be placed on top of the vertical face of the waste added tolandfill that day This will minimize odor problems and prevent waste from being blown awayUse of a synthetic cover rather than soil will conserve landfill capacity7 Operation and maintenance of the proposed landfill will be very similar to that currentlypracticed at the existing landfill8 The proposed new landfill will be designed, constructed, operated, and eventually closed insuch a manner as to be protective of human health and the environmentBoard members commented on the new restrictions concerning what can and can not be placed in alandfill, and the difficulty of control and supervision to ensure that these regulations are metThere being no further comments, the Chairman closed the public hearingUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board adjournedNorman C Denning, ChairmanJoyce H Ennis, ClerkDetailsAnnotationsEntry PropertiesModified11192013 115523 AMCreated4162003 93616 AMTemplateMinutesFieldsMinutes - TypeRegularMinutes - Date811994Book19