July 5, 1994 - 10:00 AM - County Board of Commissioners Meeting Minutes

July 5, 1994The Johnston County Board of Commissioners met in regular session Tuesday, July 5, 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 and Cecil M MassengillAbsent Frank B Holding, Vice ChairmanAlso Present Richard B Self, County Manager, and Joyce H Ennis, Clerk to the BoardMembers of the Johnston County Board of Education present for a Joint Public Hearing at 1000 amE Wayne Stewart, Denton Lee, Gordon Woodruff and Kay Carroll arrived 1040 am Absent Dicky Parrish,Glenda Hales and Kenneth Jones School Personnel also present were Dr James Causby, Superintendent ofSchools, and Linda B Wood, Clerk to the Board of EducationThe 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 June 6, 14, 20, 1994 boardmeetings The Board postponed action on approval of the minutes until later in the meeting2 Public Hearing 1000 am - Joint Hearing with Board of EducationThe Chairman stated that a Notice of Hearing had been published on June 24,1994, in the SmithfieldHerald, and that the Board of Commissioners of the County of Johnston, North Carolina the Board wouldhold a joint public hearing with the Johnston County Board of Education on the question of the Countysproposed acquisition of certain real property from the Johnston County School Board in Clayton, NorthCarolina and the installment financing for the acquisition, construction, installation and equipping of a schoolon such property the School At 1000 oclock am, the Chairman declared the joint public hearing open and announced the Boardwould hear anyone who wished to be heard on the proposed acquisition and financingGordon Woodruff, Chairman of the Board of Education, explained that his board lacked a quorum;however, another member was due to arrive shortly He asked that the public hearing be recessed until theadditional member arrivedThe Chairman recessed the public hearing until the Board of Education had sufficient members presentto constitute a quorum3 Department of Transportation Addition to SystemThe Board reviewed petitions presented by the North Carolina Department of Transportationrequesting the following roads be added to the State Secondary System for maintenanceLancaster Drive and Carl Circle in Lancaster Downs Subdivision, Cleveland TownshipFollowing review, Commissioner Eleanor N Creech moved that the Board concur with the NCDepartment of Transportations request to add Lancaster Drive and Carl Circle in Lancaster DownsSubdivision, Cleveland Township to the State Maintained SystemCommissioner Cecil M Massengill seconded the motion which carried by unanimous vote4 Department of Transportation - Entrance to Brogden Fire DepartmentCommissioner Jerry F Wood moved the Board request that the NC Department of Transportation pavethe entrance way to the new addition of the Brogden Fire Station as requested by the Brogden Fire DepartmentCommissioner John M Booker seconded the motion which carried by unanimous vote5 Department of Transportation - Right- of -Wav AcauisitionsThe Board postponed action on requests from DOT to remove SR 2135 Old Creech Road and SR2328 ThompsonWoodard Road from the State paving list as they have been unable to obtain right -of -wayfrom some of the citizens along these roads•6 Department of Transportation Improvement Project I -2812 I -95 NC 50 InterchangeDue to extensive damage to the I -95 overpass bridge at Exit 79 NC Hwy 50 from an accident onJune 29th, Commissioner Cecil M Massengill moved the Board adopt the following resolutionRESOLUTIONWHEREAS, Interstate 95 is a heavily travel highway linking states along the Atlantic Coast; andWHEREAS, individuals traveling along I -95 frequently stop at Exit 79 due to its being the midway pointof I -95; andWHEREAS, Exit 79 is confusing due to the exit ramp connecting to a residential street instead of a majorartery; andWHEREAS, Exit 79 bridge is below the acceptable height level for NCDOT which creates unacceptablerisk to life and property of the traveling public; andWHEREAS, the accident on the evening of June 29, 1994 which resulted in substantial damage to thebridge and narrowly avoided injury to the traveling public, has emphasized the need for thebridge replacementNOW THEREFORE BE IT RESOLVED by the Board of Commissioners of Johnston County that NorthCarolina Highway Commission is respectfully requested to reexamine the 1995 - 2001 TransportationImprovement Plan and move project I -2812 from future need after the year 2001 to the year 1995Adopted unanimously this 5th day of July, 1994Commissioner Jerry F Wood seconded the motion which carried by unanimous vote7 HAPP - Annual Contributions Contract RenewalUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner Cecil M Massengilland carried by unanimous vote, the Board adopted the following resolutionRESOLUTION AUTHORIZING EXECUTIONOF AN ANNUAL CONTRIBUTIONS CONTRACTWHEREAS, the Johnston County Housing Assistance Payments Program herein called the PHA proposes to enter into an Annual Contributions Contract herein called the Contract with the United Statesof America, Department of Housing and Urban Development herein called the Government NOW, THEREFORE, BE IT RESOLVED by the PHA as followsSection 1 The contract, numbered Contract No A -3, is hereby approved and accepted both as to formand substance and the County Manager is hereby authorized and directed to execute said Contract in triplicateon behalf of the PHA, and the Clerk to the Board is hereby authorized and directed to impress and attest theofficial seal ofthe PHA on each such counterpart and to forward said executed counterparts to the Governmenttogether with such other documents evidencing the approval and authorizing the execution thereof as may berequired by the GovernmentSection 2 The Program Director is hereby authorized to file with the Government from time to time,as monies are required, requisitions together with the necessary supporting document, for payment under theContractSection 3 This Resolution shall take effect immediately8 Board of Election Voting MachinesCommissioner John M Booker moved the Board authorize the County Manager to advertise for bidson new voting machines for the County with the option of acquiring the machines through lease purchaseCommissioner Eleanor N Creech seconded the motion which carried by unanimous vote9 Surplus Property - Sheriff VehicleUpon a motion by Commissioner James W Cash, seconded by Commissioner Jerry F Wood andcarried by unanimous vote, the Board declared the following wrecked vehicle surplus and authorized theCounty Manager to sell the property for salvage 1992 Ford Taurus, Vin 41FACP5049NA10419458510 Award of Bid Equipment for LandfillThe Board reviewed the following bids received at 200 pm, June 28, 1994, for an excavator to be usedin the construction of the Subtitle D cell at the County LandfillGregory Poole - RaleighCaterpillar - 320LBid Price 116,43100R W Moore Equipment - RaleighJohn Deere - 690 -LCBid Price 119,98700Following discussion, Commissioner James W Cash moved the Board award bid to the low bidder,Gregory Poole of Raleigh, for a Caterpillar 320L Excavator for the landfill in the amount of 116,43100Commissioner Cecil M Massengill seconded the motion which carried by unanimous vote11 Appointments Council on Status of WomenUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Eleanor N Creechand carried by unanimous vote, the Board appointed Rebecca Francis, Lynda Williams, Louise Dickinson,and Mary Ann Sutton to the Johnston County Council on the Status of Women12 Budget Amendments ApprovedA Health DepartingntUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner James W Cashand carried by unanimous vote, the Board approved the following budget amendmentsExpenditure Increase - Administration10 59900 -0400Revenue Increase10351182-Expenditure Increase - I10 59451410Revenue Increase10 3519826Professional Services 8,000Healthy Start Foundation Grant 8,000reimbursement from State WIC for employee trainingTraining 295WIC DEHNR 295Expenditure Increase - Child Health - Immunization Action Plan Grant10 59450300Salary Part Time 14,00010 59451400Travel3,50010 59451300Utilities50010 59451100Phone50010 59455400Liability Insurance7510 59453300Departmental Supplies75010 59451110Postage675TOTAL20,000Revenue Increase10 351982DEH NR Epidemiology20,000B Job Training DepartmentUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Cecil M Massengilland carried by unanimous vote, the Board approved the following retroactive budget amendment for theJohnston County Job TrainingExpenditure Increase3505 Summer Youth Training Teacher Salaries 4,00037243734 Training Related - Equipment 700350537243734 Ad Equipment 750350537243734 Ad Staff Travel Training 350350537243734 Ad Other Ad Costs 400Expenditure Decrease3505 Support Summer Youth Work Experience 4,00037243734 Training Related Other 700TOTAL 1500Revenue Increase3505 Training Summer Youth - Teachers Salaries 400037243734 Training Related Equipment 700350537243734 Adm Equipment 750350537243734 Adm Staff Travel Training 350350537243734 Ad Other Ad Costs 400Revenue Decrease3505 Support Summer Youth Work Experience 400037243734 Training Related Other 700TOTAL 150013 Interlocal Agreement with Town of SmithfieldUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner James W Cash andcarried by unanimous vote, the Board approved the following agreement with the Town of SmithfieldInterlocal Agreement Between Johnston County and the Town of Smithfieldfor Clean Water Revolving Loan Fund ReimbursementThis INTERLOCAL AGREEMENT is made this 5th day of July, 1994 between units of governmentconsisting of Johnston County and the Town of SmithfieldWITNESSETHTHEREFORE, in consideration of the mutual covenants and agreements contained herein, JohnstonCounty and the Town of Smithfield hereby enter into an interlocal agreement for the financing of certainwastewater facilities improvements as hereinafter definedWHEREAS, Johnston County has qualified for an EPA Clean Water Revolving Loan forimprovements to the Central Johnston County Regional Wastewater Treatment Plant, andWHEREAS, the 201 wastewater facilities plan amendment which qualified the County for the loanprovides for rehabilitation of the Town of Smithfield wastewater collection system for removal of extraneouswater known as inflow, andWHEREAS, one ofthe conditions ofthe Clean Water Loan agreement is for the Towns rehabilitationproject to be completed on or before construction is complete on the wastewater treatment plant andWHEREAS, included in the loan funds is the amount of 131,000 for the Town of Smithfieldrehabilitation projectNOW THEREFORE, Johnston County and the Town of Smithfield agree as follows1 The Town of Smithfield will complete the design and construction of its wastewater collectionsystem rehabilitation project and will obtain approval of the Department of Environment,Health, and Natural Resources, Division of Environmental Management and other regulatoryagencies2 The County will request reimbursement under the Clean Water Revolving Loan program ascost reimbursement requests are submitted to the County from the Town, and the County will,upon receipt of funds under the Clean Water Revolving Loan program, promptly issue to theTown reimbursement payments3 Upon completion of the Countys project and closeout of the loan, the Town of Smithfieldagrees to reimburse Johnston County for principal and interest payments for the Clean WaterRevolving Loan funds the Town has used in completing its wastewater collection systemrehabilitation project Payments shall be on the same term and interest rate as the Countyspayments to the State4 The Town of Smithfield agrees to comply with all state and federal regulations which areimposed on the County under the Clean Water Revolving Loan programAdopted this 5th Day of July, 199414 Designation of Voting Delegate to NCACC ConferenceUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board designated Commissioner John M Booker as Johnston Countys votingdelegate at the North Carolina Association of County Commissioners 1994 annual conference58715 Public Hearing - Rezoning CasesAdvertised June 24, July 1, 1994 - The Smithfield HeraldCertified letters were mailed to adjoining property owners on June 20, 1994 and notices wereposted at the locations on June 24, 1994The Chairman opened the public hearing and invited anyone who wished to address the Board on thefollowing rezoning requestsThose persons wishing to speak on Cases 489 and 492 were sworn in by the Clerk as they have beenrecommended by the Planning Board as Special Use District RezoningsA CASE #89 Petition to rezone approximately 37 acres located on the east side of Scott RoadSR 2346, approximately 18 miles north of intersection with NC 222, Beulah Townshipfrom ARR -40 to Highway Business Applicant Tony HawleyJeff Coutu, Planning Director, pointed out the property on a map indicating the surrounding areaBruce Woodard, Real Estate Agent representing Mr Hawley, introduced Mr Charles Holland whoplans to develop the property as a recreational vehicle park and campgroundMr Holland informed the Board he plans to operate the 30 -site campground and will provide a campstore, game room, laundry room and bathrooms for tourists using the facility He also plans a small playground, swimming pool, tennis court and possibly a soccer field and picnic area which can also be utilized bythe communityMr Coutu stated the Planning Board recommended the property be rezoned Highway Business SpecialUse District for a RV campground and camp store Mr Holland stated he would revise his request to HighwayBusiness Special Use DistrictB CASE #91 Petition to rezone approximately 5 acres located on Stephenson Road SR 1322in Elevation Township from ARR -40 to General Business Applicant Jerome and SueLangdonMr Coutu indicated the parcel on a map and noted the owners plan a mini - storage facility on thepropertyC CASE #92 Petition to rezone approximately 111 acres located on US 70 -A in Wilsons MillsTownship from ARR -40 to Light Industrial Applicant Steven StroudMr Coutu directed the Boards attention to a map of the area and pointed out the property is adjacentto the Wilsons Mills Elementary school site He noted Midstate Mills, Inc of Newton, North Carolina, plansto operate a flour mill at the location with a 134 structure The Planning Board recommended approval of therezoning as Light Industrial Special Use District for an industrial mill with height variance The applicantconcurred with the proposed change to Special Use DistrictMichael de Sherbinin, Economic Development Director, spoke on behalf of Midstate Mills He gavea brief history ofthe company which has been in operation since 1935 Mr de Sherbinin introduced Mr StevenArndt, Vice President of MidstateMr Arndt informed the Board his company is looking forward to a long and prosperous businessventure in Johnston County They hope to be ready to start operation in time for the next wheat harvestD CASE #93 Petition to rezone approximately 1 acre located on Benson - Hardee Road SR1303 in Pleasant Grove Township from ARR -40 to General Business Applicant JamesWilkins, JrMr Coutu pointed out the parcel on a map and stated Mr Wilkins wishes to operate a windshieldrepair business on the property He stated Mr Wilkins asked Mr Coutu to explain to the Board that undernormal circumstances his repair work will take place at other locations His shop will predominately be astorage facilityE CASE #94 Petition to rezone approximately 1 acre located on Brogden Road SR 1007 inBoon Hill Township from ARR -40 to Community Business Applicant Durwood MyersMr Coutu indicated the property on a map and stated Mr Myers plans a day care at the siteF CASE #95 Petition to rezone approximately 75 acres located on Allen Road SR 1516 inCleveland Township from ARR -40 to Residential 30 applicant Linwood Jones SouthwindDevelopment Company0G CASE #96 Petition to rezone approximately 56 acres located on Allen Road SR 1516 inCleveland township from ARR -40 to Residential 30 Applicant Linwood Jones SouthwindDevelopment CompanyMr Coutu pointed out these properties which are adjacent to one another and are both owned bySouthwind Development Company He stated the properties will have public water and will consist of singlefamily dwellingsH CASE #98 Petition to rezone approximately 116 acres located north of the intersection ofCornwallis Road SR 1525 and Austin Pond Road 1549 from ARR -40 to Residential 30Applicant Jesse Austin, JrMr Coutu showed a map of the property and stated public water is available which would allow fordevelopment of smaller lot sizesI CASE #99 Petition to rezone approximately 35 acres located on Glen Laurel Road SR1902 in Clayton Township from ARR -40 to Residential 30 Applicant Nathan and TeresaLoflinMr Coutu indicated the tract on a map and stated the property would have access to public waterThere being no further comments the Chairman closed the public hearing16 Rezoning DecisionsA CASE #89 Petition to rezone approximately 37 acres located on the east side of ScottRoad SR 2346, approximately 18 miles north of intersection with NC 222,Beulah Township from ARR -40 to Highway Business Applicant TonyHawleyUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board approved Rezoning Case 489 for Tony Hawley for 37 acres in BeulahTownship from ARR -40 to Highway Business Special Use District as recommended by the Johnston CountyPlanning Board, and authorized the Planning Department to issue a Special Use Permit for an RVParkConvenience Store based on the following findings of fact1 The Special Use is for a recreational vehicle park with camp store2 Sale of gasoline is prohibited3 The Use will promote the public health, safety and general welfare, if located where proposedand developed and operated according to the site plan as submitted4 The use will maintain the value of contiguous property5 The use is in compliance with the general plan for the physical development of JohnstonCountyB CASE #91 Petition to rezone approximately 5 acres located on Stephenson Road SR1322 in Elevation Township from ARR -40 to General Business ApplicantJerome and Sue LangdonUpon a motion by Commissioner Cecil M Massengill, seconded by Commissioner Jerry F Wood andcarried by unanimous vote, the Board approved Rezoning Case 491 for Jerome and Sue Langdon for 5 acreslocated in Elevation Township from ARR -40 to General Business as recommended by the Johnston CountyPlanning BoardC CASE #92 Petition to rezone approximately 111 acres located on US 70 -A in WilsonsMills Township from ARR -40 to Light Industrial Applicant Steven StroudUpon a motion by Commissioner John M Booker, seconded by Commissioner Jerry F Wood andcarried by unanimous vote, the Board approved Rezoning Case 492 for Steven Stroud for 111 acres locatedin Wilsons Mills Township from ARR -40 to Light Industrial Special Use District as recommended by theJohnston County Planning Board, and authorized the Planning Department to issue a Special Use Permit foran industrial milling operation with a height variance for the buildings based on the following findings of fact1 The Special Use is for Midstate Mills milling operation with a height variance for thebuildings2 The use will promote the public health, safety and general welfare, if located where proposedand developed and operated according to the site plan as submitted3 The use is in compliance with the general plan for the physical development of JohnstonCounty0•D CASE #93 Petition to rezone approximately 1 acre located on Benson - Hardee Road SR1303 in Pleasant Grove Township from ARR -40 to General BusinessApplicant James Wilkins, JrUpon a motion by Commissioner Cecil M Massengill, seconded by Commissioner Eleanor N Creechand carried by unanimous vote, the Board approved Rezoning Case 493 for James Wilkins, Jr, for a 1 acretract in Pleasant Grove Township from Ar R -40 to General Business as recommended by the Johnston CountyPlanning BoardE CASE #94 Petition to rezone approximately 1 acre located on Brogden Road SR 1007in Boon Hill Township from ARR -40 to Community Business ApplicantDurwood MyersUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Cecil M Massengill andcarried by unanimous vote, the Board approved Rezoning Case 494 for Durwood Myers for a 1 acre tract inBoon Hill Township from ARR -40 to Community Business as recommended by the Johnston County PlanningBoardF CASE #95 Petition to rezone approximately 75 acres located on Allen Road SR 1516 inCleveland Township from ARR -40 to Residential 30 Applicant LinwoodJones Southwind Development CompanyUpon a motion by Commissioner Cecil M Massengill, seconded by Commissioner James W Cash andcarried by unanimous vote, the Board approved Rezoning Case #95 for Linwood Jones SouthwindDevelopment Company for 75 acres in Cleveland Township from Ar R -40 to Residential 30 as recommendedby the Johnston County Planning BoardG CASE #96 Petition to rezone approximately 56 acres located on Allen Road SR 1516 inCleveland Township from ARR -40 to Residential 30 Applicant LinwoodJones Southwind Development CompanyUpon a motion by Commissioner Cecil M Massengill, seconded by Commissioner Jerry F Wood andcarried by unanimous vote, the Board approved Rezoning Case #96 for Linwood Jones SouthwindDevelopment Company for 56 acres in Cleveland Township from ARR -40 to Residential 30 as recommendedby the Johnston County Planning BoardH CASE #98 Petition to rezone approximately 116 acres located north of the intersection ofCornwallis Road SR 1525 and Austin Pond Road 1549 from ARR -40 toResidential 30 Applicant Jesse Austin, JrUpon a motion by Commissioner Cecil M Massengill, seconded by Commissioner Eleanor N Creechand carried by unanimous vote, the Board approved Rezoning Case 498 for Jesse Austin, Jr for 116 acres inCleveland Township from ARR -40 to R -30 as recommended by the Johnston County Planning BoardI CASE #99 Petition to rezone approximately 35 acres located on Glen Laurel Road SR1902 in Clayton Township from ARR -40 to Residential 30 ApplicantNathan and Teresa LoflinUpon a motion by Commissioner James W Cash, seconded by Commissioner Jerry F Wood andcarried by unanimous vote, the Board approved Rezoning Case 499 for Nathan and Teresa Loflin for 35 acresin Clayton Township from ARR -40 to Residential 30 as recommended by the Johnston County PlanningBoard17 Public Hearing Resumed Joint Hearing with Johnston Countv Board of EducationThe Chairman reconvened the Joint Public Hearing with the Board of Education which was recessedafter being opened at 1000 amGordon Woodruff, Chairman of the Johnston County Board of Education, stated a quorum of hisBoard was now present He thanked the Board for arranging financing for the new school at Clayton and statedhis Board unanimously supports the proposalThere being no further comments, the Chairman closed the public hearing18 Resolution for Financing New School in ClaytonThe Chairman then asked the Board to consider and take action on a resolution approving the proposedinstallment financing subject to further action of the Board590Commissioner James W Cash introduced the following resolution which was discussed and its titlewas readRESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FORAPPROVAL OF AN INSTALLMENT FINANCING AGREEMENT AUTHORIZED BY NORTHCAROLINA GENERAL STATUTES SECTION 160A -20 AND THEACQUISITION OF REAL PROPERTY PURSUANT TONORTH CAROLINA GENERAL STATUTES SECTION 153 -157WHEREAS, pursuant to North Carolina General Statutes Section 153 -157, the County is authorizedto acquire real property from the Johnston County School Board to construct, install and equip the School; andWHEREAS, the Board has decided to pursue the financing of the School pursuant to an installmentfinancing agreement the Agreement with First - Citizens Bank Trust Company the Bank which willprovide the County up to 9,500,000 for the acquisition, construction, installation and equipping ofthe Schoolto be built on approximately 3774 acres of land to be acquired from the Johnston County School Board, allin accordance with North Carolina General Statutes Section 160A -20; andWHEREAS, financing pursuant to North Carolina General Statutes Section 160A -20 must beapproved by the North Carolina Local Government Commission the LGC and will only be approved if thefindings of North Carolina General Statutes Section 159- 151b are met;NOW, THEREFORE, BE IT RESOLVED by the Board, as follows1 The Chairman and the other officers of the County are hereby authorized and directed toproceed with planning for the acquisition of the School under North Carolina General Statute Section 153 -1572 The County hereby declares that it reasonably expects to make certain capital expendituresfor the acquisition and construction, installation and equipping of the School and to reimburse suchexpenditures out of the proceeds of an installment sale financing, up to a maximum amount of 9,500,000This Resolution is intended to be a declaration of official intent3 The proposed Agreement is necessary and expedient because of serious overcrowding inexisting schools4 The proposed Agreement is preferable to a bond issue for the same purpose because of therelatively shortterm approximately 105 years and low interest 498 ofthe Agreement, which are differentfrom the terms and rates available currently for general obligation bonds The cost ofthe proposed undertakingexceeds the amount of funds that can be prudently raised from currently available appropriations,unappropriated fund balances, and non -voted bonds that could be issued by the County in the fiscal yearpursuant to Article V, Section 41 of the North Carolina Constitution The School is non - revenue producingso revenue bonds are not an option5 The cost of financing under the proposed Agreement is not greater than the cost of issuinggeneral obligation bonds since the County utilized a Request for Proposal process, with counsel fees not greaterthan in a general obligation issue, and all other fees are paid by the Bank6 The sums to fall due under the Agreement are adequate and not excessive for the statedpurposes of acquiring, constructing and equipping the School7 The Countys debt management procedures and policies are good and have been carried outin strict compliance with law and will henceforth be so carried out8 There will be no additional tax increase to meet the sums due under the proposed Agreement9 The County is not in default in any of its debt service obligations10 The attorney for the County has rendered an opinion that the proposed School is authorizedby law and is a purpose for which public funds may be expended pursuant to the Constitution and laws ofNorth Carolina11 The Chairman and other officers of the County are hereby authorized and directed to makeapplication to the LGC in connection with the acquisition, construction, installation and equipping of theSchool and the financing therefore12 All other acts of the Board and the officers of the County which are in conformity with thepurposes and intent ofthis resolution and in furtherance of the financing of the School are hereby approved andconfirmed13 All resolutions or parts thereof in conflict herewith are hereby repealed14 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, John M Booker, James W Cash, Jerry F Wood,Eleanor N Creech, Cecil M MassengillNays NoneNot Voting Frank B Holding Absent from the meeting59119 Board of Education Adopts ResolutionThe Chairman of the Board of Education then asked the Board to consider and take action on aresolution approving the transfer of the real property and the improvements thereonreadMember Wayne Stewart introduced the following resolution which was discussed and its titled wasRESOLUTION REQUESTING JOHNSTON COUNTY TO ACQUIREREAL PROPERTY AND IMPROVEMENTS THEREON OWNED BYTHE JOHNSTON COUNTY BOARD OF EDUCATION ANDAUTHORIZING SUCH CONVEYANCE TO THE COUNTYWHEREAS, the Johnston County Board of Education the Board has previously determined toprovide additional facilities for its students by providing for the construction, installation and equipping of anew school in Clayton, North Carolina the School to be located on certain property currently owned by theBoard, consisting of approximately 3774 acres the Site ;WHEREAS, pursuanttoNorth Carolina General Statute § 153A -157 Section 153A- 157 JohnstonCounty may acquire an interest in real property for the Boards use upon the Boards request and after a publichearing;WHEREAS, the Board is authorized pursuant to North Carolina General Stature § 160A -274 Section 160A- 274 to enter into agreements with the County for the lease, exchange or other transfer of anyinterest in real or personal property, with or without consideration;WHEREAS, the Board desires to request that Johnston County i acquire the Site and theimprovements located thereon and ii cause the School to be constructed and renovated, all pursuant to Section153A -157 and Section 160A -274; and,WHEREAS, the Board desires, upon completion of the School, to lease the Site and School from theCounty for a term of years, at the end of which the Board will have the option to purchase the Site and theSchool for nominal consideration;NOW, THEREFORE, BE IT RESOLVED by the Johnston County Board of Education1 The Board hereby requests that the County acquire the Site and cause the School to beconstructed and equipped2 The Board, pursuant to Section 160A -274, hereby authorizes the conveyance of the Site tothe County for the Consideration of One Hundred Dollars 10000 The Boards Chairman or Vice Chairmanis hereby authorized and directed to execute and deliver an appropriate deed or deeds to carry out suchconveyances, and the Boards Clerk or Assistance Clerk is hereby authorized and directed to apply the Boardsseal thereto and to attest the same Such deed or deeds shall be in such form as the Chairman or ViceChairman may approve, such officers execution and delivery thereof to be conclusive evidence of suchapproval3 It is hereby determined to be necessary and desirable in the furtherance of the Boards publicresponsibilities for the Board to enter into a lease agreement the Agreement with the County for the leaseof the Site and the School4 The Boards Chairman or Vice Chairman is hereby authorized and directed to execute theAgreement and deliver them to the appropriate counterparts, and the Boards Clerk or Assistant Clerk is herebyauthorized and directed to attest and affix the Boards seal to the Agreement The Agreement shall be in suchform as the Chairman or Vice Chairman may approve, such officers execution and delivery thereof to beconclusive evidence of such approval5 The Board hereby authorizes and directs its officers and employees to execute all documentsand take and perform such actions as may be necessary or desirable to carry out the purposes of thisResolution6 All resolutions or parts thereof in conflict herewith are hereby repealed7 This Resolution shall take effect immediatelyMember E Wayne Stewart moved the passage of the foregoing resolution and Member Denton Leeseconded the motion, and the resolution was passed by the following voteAyes Gordon Woodruff, E Wayne Stewart, Denton Lee, and Kay CarrollNays NoneNot Voting None59220 Johnston County Board of Education Budget DiscussionSchool Board members discussed action taken by the Board of Commissioners on June 20, 1994relative to current expense and capital outlay appropriations for the schools for 1994 -95Gordon Woodruff, Chairman of the Board of Education, thanked the Commissioners for theopportunity to again speak about the schools needs Concerning a communique from Dr James Causby whichwas hand - delivered to the Commissioners on the 20th of June, Chairman Woodruff voiced concern that itsintent could have been misunderstood due to the way it was worded He explained that certain expenses areconsidered by the School Board and staff as basic necessities, some of which are considered mandates by thestate, and those needs have to be met in some way before the School Board would have the flexibility to lookfurther into lowering the classroom size of Kindergarten through 2nd gradesKay Carroll, Denton Lee, and Wayne Stewart concurred with Mr Woodruff s comments They eachvoiced concern and dismay that the State does not provide sufficient funding to keep the schools operating atthe level necessary to meet Southern Association standards They each stated a genuine desire to see the K -2class sizes reduced and asked the Board of Commissioners to continue to help them search for a way toaccomplish this goal in the futureDr Causby apologized for any misunderstanding that might have arisen from his memo to the Boardon the 20th He stated that after further study of the school budget, he has been able to reduce the neededcurrent expense increase over last years appropriation to approximately 1 million instead of the 12 millionrequested earlier He noted the Countys appropriation of 406,595 would leave approximately 600,000 whichwould have to come from the schools fund balance He indicated, however, that this practice would onlymultiply the budgeting concerns for FY 1995 -96In general discussion members of the School Board stated that depending on what they receive fromthe State, they might later ask to transfer the increase in capital outlay funds appropriated by the County to theschools current expense budget to offset some of this deficitCommissioner John M Booker stated he would have welcomed this type of discussion at the Boardsmeeting on the 20th prior to the adoption of the budget He explained that based on the information providedby the communique and the fact that no school board members were present to clarify its intent, he was led tobelieve that there was no need to discuss funding for classroom reduction unless the Board could first providethe entire 12 million requested increase in current expense To meet a request of this magnitude would havemeant a considerable tax increase and an undue burden on the citizens of Johnston CountyIt was noted the General Assembly still has not adopted the State Budget, and both Boards expressedthe hope that the State will provide additional funds for low- wealth counties such as Johnston TheCommissioners agreed to meet again with the School Board to discuss this matter when the General Assemblyadjourns and the County knows how much Johnston County Schools can expect from the State budget21 Mocassin Creek Drainage District - ReportClerk of Superior Court, Will R Crocker, gave a brief report on the Mocassin Creek Drainage Districtstating that Mr Floyd Price retired from the District Commission and was replaced by Gerald Peedin22 Minutes ApprovedThere being no corrections to the minutes of the June 6, 14, 20, 1994 board minutes, the Chairmandeclared the minutes approved as presented23 Appointments Johnston Memorial Hospital Board of TrusteesDr Jesse Pittard Appointed to Fill Unexpired Term of Dr Thomas JohnsonCommissioner James W Cash moved the Board appoint Dr Jesse Pittard to fill the unexpired termof Dr Thomas Johnson on the Johnston Memorial Hospital Board of Trustees; term to expire October, 1995Commissioner Jerry F Wood seconded the motion which carried by unanimous voteRufus Sanders, Jr Appointed to Fill Unexpired Term of Herman StewartUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Cecil M Massengill andcarried by unanimous vote, the Board appointed Rufus Sanders, Jr to fill the unexpired term of HermanStewart which will expire October, 199759324 Hospital Board of TrusteesThe Board instructed County Manager, Richard B Self, to contact State Legislators concerning a localbill in 1995 to amend the requirements for one position on the Johnston Memorial Hospital Board of TrusteesThe position would be amended to allow the Hospital Chief of Staff to serve as an ex- officio member with termof membership concurrent with Hospital position25 Decisions on Cases Heard by the 1994 Board of Equalization ReviewWilliam W Smith - Representing two appeals1 Parcel 415LI 1005F land - old U- Fill -Er -Up Station site, Market St Current value15,000Upon a motion by Commissioner John M Booker, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board reduced the tax value on parcel 415L11005F by 30 as recommendedby the Tax Administrator2 Parcel 415K11014F Property at I -95 and Hwy 70 Previously Leased by Texaco Currentvalue 71,460Upon a motion by Commissioner James W Cash, seconded by Commissioner Jerry F Wood andcarried by unanimous vote, the Board reduced the tax value on parcel 415KI 1014F as recommended by theTax Administrator26 Surplus PropertyUpon a motion by Commissioner John M Booker, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board declared surplus and authorized the County Manager to dispose of theobsolete computer terminals at the Social Services Department27 Executive SessionUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board recessed regular session to meet in executive session for the purpose ofdiscussing the location of industry in the CountyRegular Session ResumedUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board adjourned executive session and resumed regular session28 Industry - Royal Home FashionsUpon a motion by Commissioner Cecil M Massengill, seconded by Commissioner James W Cash andcarried by unanimous vote, the Board agreed to commit up to 250,000 from the 1995 -96 budget as matchingfunds for a Governors Incentive Grant if awarded to Royal Home Fashions of New York The commitmentis contingent upon the industry spending 8 million on a new facility or 8 million in renovations to the formerBlock Industries building in Benson29 Industry - ECACommissioner James W Cash moved the Board commit up to 375,000 as matching funds for aGovernors Incentive Grant if awarded to ECA to expand its operation and relocate on a 10 -acre site at the I-4042 Industrial ParkCommissioner Cecil M Massengill seconded the motion which carried by the following voteAyes Norman C Denning, John M Booker, James W Cash, Cecil M Massengill, Eleanor N CreechNos NoneAbstaining Jerry F Wood30 West Smithfield Sanitary DistrictThe Board discussed an offer from the West Smithfield Sanitary District to sell to the County theirfacility, water line and equipment now that the area has been annexed into SmithfieldFollowing discussion, it was the consensus of the Board that the County appreciates the offer butrespectfully declines as the County has no long -term need for the property59431 Aluminum Cans Banned at LandfillThe County Manager informed the Board that by State law aluminum cans can no longer be buriedin the County landfill He further noted that the County will be held responsible for policing this mandateThere being no further business, Commissioner John M Booker moved the Board adjournCommissioner James W Cash seconded the motion which carried by unanimous voteNorman C Denning, ChairmanJoyce H Ennis, ClerkDetailsAnnotationsEntry PropertiesModified11192013 12847 PMCreated4162003 94332 AMTemplateMinutesFieldsMinutes - TypeRegularMinutes - Date751994Book19