February 7, 1994 - 10:00 AM - County Board of Commissioners Meeting Minutes

February 7, 1994The Johnston County Board of Commissioners met in regular session Monday, February 7, 1994, at10 oclock am in the Commissioners Room, Johnston County Courthouse Annex, Smithfield, North Carolina,with the following members presentNorman C Denning, Chairman, Frank B Holding, Vice Chairman, James W Cash, John M Booker,DVM, Jerry F Wood, DDS, Eleanor N Creech and Cecil M MassengillAbsent 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 January 3, 1994 Boardmeeting There being no corrections, the Chairman declared the minutes approved as presented2 Tax Exempt Loan - Four Oaks Fire DepartmentCommissioner Frank B Holding moved the Board adopt the following resolutionAPPROVAL OF TAX EXEMPT LOAN TO VOLUNTEER FIRE DEPARTMENTBY BOARD OF COMMISSIONERSNOW, THEREFORE, BE IT HEREBY RESOLVED, that the Board of Commissioners ofJohnston County, North Carolina, does hereby approve a tax - exempt loan to the Volunteer Fire Departmentof Four Oaks, North Carolina, Inc the VFD , from Four Oaks Bank Trust Company, in the principalamount of 30,000, which loan is for the following purposeThe purchase by the VFD of a fire truck, which fire truck will be owned and operated by the VFD,and will be maintained at the following address301 Keen StreetFour Oaks, NC 27524Duly certified by the execution hereof and the placement hereon of the seal of said County, this the 7thday of February, 1994Commissioner Eleanor N Creech seconded the motion which carried by unanimous vote3 Amendment Mutual Aid Compact - Water Supply Emergencies - Triangle J RegionUpon a motion by Commissioner Jerry F Wood seconded by Commissioner James W Cash andcarried by unanimous vote, the Board adopted the following amendment extending the Mutual Aid Compactfor water supply emergencies among local governments in the Triangle J regionAMENDMENT TO THE MUTUAL AID COMPACTA JOINT RESOLUTION ESTABLISHING COMMON LOCAL POLICIES FOR MUTUAL AIDDURING WATER SUPPLY EMERGENCIES IN REGION J NORTH CAROLINAWHEREAS in 1988, 29 local governments in the Triangle J region endorsed a mutual aid compactfor water emergencies to address temporary disruptions caused by failure of the water supply, treatment ordistribution systems of any of the parties;WHEREAS the period of agreement for the Mutual Aid compact is December 1, 1988 to December1, 1993 but may be extended upon mutual agreement of the parties; andWHEREAS utility infrastructure with sufficient capacity and reliability continues to be essential tothe Regions high quality of life and economic strengthNOW, THEREFORE the parties have agreed to extend the Mutual Aid Compact This JointResolution shall become effective January 1, 1994, and continue for a period of 5 years therefromThis Joint Resolution may be extended upon mutual agreement of the partiesNOTE Reference original agreement approved by Johnston County Board on April 3, 1989 - Book18 pages 378 -795134 Designation of Growth CorridorsUpon a motion by Commissioner Frank B Holding, seconded by Commissioner Cecil M Massengilland carried by unanimous vote, the Board designated SR 1501 from the airport to Hwy 210, and SR 1341from Hwy 210 to Hwy 301 as growth corridors in Johnston County5 2nd Vote Cable TV Franchise AmendmentsThe Board again considered the following requests from Channel Master Cable TV and CablevisionInc to extend their franchise areas in Johnston CountyA Cablevision Incorporated is asking to extend their franchise area to include a portion ofPleasant Grove Township adjacent to the Wake County LineB Channel Master Cable TV is asking to extend their franchise area to include Glad AcresSubdivision located on SR 1010 in Smithfield TownshipUpon a motion by Commissioner James W Cash, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board approved the request from Cablevision Incorporated to extend their cablefranchise to include a portion of Pleasant Grove Township along Dupree Road adjacent to the Wake CountyLine and approved the request from Channel Master Cable TV to extend their franchise area to include GladAcres Subdivision on SR 1010 in Smithfield Township6 Triangle Estates Subdivision - Citizen ComplaintLinda Uzzle from Wilsons Mills Community addressed the Board concerning Triangle EstatesSubdivision Mrs Uzzle referenced the discussions between the owners, community citizens and the Board inJuly and August, 1992 She stated the owners, in her opinion, have not complied with the informalunderstanding whereby they agreed to sell to individual property owners the six mobile homes alreadyestablished on the property, remove the remaining mobile homes and construct frame houses on the remainingsubdivision lots She stated thirteen mobile homes are still on the property, and all but one continues to berented She noted the owners did increase the size of the lots to 40,000 sq ft to comply with the ARR -40zoning, however, they did not redraw the plat, only added square footage to the back of the parcels creatinglong, narrow lots seemingly more suitable for mobile homes that frame housesCounty Manager, Richard B Self, explained the Countys ordinance in the ARR40 zoning designationallows property owners to rent two mobile homes He stated no more than two of the mobile homes are listedin the same name and are therefore in compliance with the ordinanceMrs Uzzle stated she believes the mobile homes have been listed in relatives names to circumvent theCounty OrdinanceCommissioner John M Booker voiced concern that the Boards previous efforts to find a solution tothis problem have not worked He noted the property is a county- approved subdivision which apparently is stillacting as a mobile home park, even though the owners are abiding by the letter of the Ordinance He suggestedthe Ordinance may need to be addressed if it allows this type of situationFollowing further discussion the Board assured Mrs Uzzle the County, along with Planning BoardAttorney Andy Holland, will investigate the matter before the next Board meetingReference Minute Book 19, p 283, p 2917 Tourism Authoritv - Reauest for Waiver of Late Filing PenaltHenry Daniels, representing the Tourism Authority, explained that Eli Olives Bed Breakfast failedto file tourism tax for October and November in the amount of 61 accumulating a considerable late filingpenalty He stated late filing penalties were set at 10 per day by the North Carolina General Assembly whenthe Room and Occupancy Tax law was enacted for Johnston County, and the tax plus penalty for Eli Olivesnow amounts to 120079Mr Daniels informed the Board that Jackson Stancil, former owner of the establishment which hassince gone out of business, has paid 120 toward the bill and has requested the County waive the remainingpenalty The Tourism Authority recommended approval of the requestCommissioner Eleanor N Creech asked ifthe Board has the authority to waive the penalty since it wasestablished by state law County Manager Richard B Self responded the General Statutes do not provide forthis to be done by the Board of Commissioners, and should they waive the penalty the Board would assumepersonal liability514Following discussion Commissioner James W Cash moved the Board accept 120 as full satisfactionfor tourism tax plus late filing penalty from Eli Olives Bed and BreakfastCommissioner Jerry F Wood seconded the motion which carried by the following voteAyes James W Cash, Jerry F Wood, Norman C Denning, Cecil M Massengill, John M BookerNo Eleanor N CreechAbstaining Frank B HoldingCommissioner Creech asked that the record show that her vote was based on interpretation of theGeneral Statutes regarding the authority of the Board of Commissioners8 Council on Aging - Request for Additional FundsDonna Creech, Executive Director with Johnston County Council on Aging, was present to request4118 in additional funds to provide the local match and taxes for purchasing replacement vans for her agencySince originally budgeted, the required local match percentage has increased and the design was modified bythe State creating a shortfall in her budgetUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner John M Booker andcarried by unanimous vote, the Board approved the following budget amendment allocating 4,118 to JohnstonCounty Council on Aging to assist in the purchase of replacement vans for the agencyExpenditure Increase10 66506230 - Council on Aging 4,11800Revenue Increase10 3 9908 100 - Fund Balance 4,118009 Water Wastewater Tap Fees - AmendmentCounty Manager, Richard B Self, informed the Board the cost of installing water and wastewater tapsin many cases exceeds the fees currently being charged He requested the fee schedule be amended to includethe phrase, cost plus 10 for all customers or the scheduled amount, whichever is greaterUpon a motion by Commissioner James W Cash, seconded by Commissioner Cecil M Massengill andcarried by unanimous vote, the Board approved an amendment to the WaterWastewater Tap Fee Schedule toinclude the phrase, Cost plus 10 for all customers or scheduled amount, whichever is greaterReference Minutes from 2193 - Book 19, p 35110 Wastewater Assessment Schedule - Residential Capacity Fee Amended - Inspection FeeEstablished for Subdivisions Tapping onto the Countys Water Wastewater SystemThe County Manager requested the Board consider reducing the Wastewater Capacity fee from10 gallon to 350 gallon for residential use Previously, the fee was set at 10 gallon for all customers basedon the NC Standards, however, a reduced residential fee will allow more citizens to tap onto the Countyssystem He also requested the Board set a charge of 25 lot for subdivisions installing water or sewer systemswhich will be deeded to the County for operation and maintenance He explained the County is incurring a costto review and inspect the construction and installation of the systems to assure they meet the Countysstandards, and the 25 would recoup the cost The maximum fee would be 50 per lot if water and wastewateris providedUpon a motion by Commissioner Frank B Holding, seconded by Commissioner Cecil M Massengilland carried by unanimous vote, the Board reduced the residential wastewater capacity fee to 350 gallon andestablished a 25 per lot, per utility, charge for review and inspection of construction and installation of wateror wastewater systems in subdivisions which will subsequently be turned over to the County for operation andmaintenanceReference Minutes from 12693 - Book 19, p 49911 Town of Four Oaks - Tax ServiceThe Town of Four Oaks has requested that Johnston County bill and collect property taxes on behalfof the TownUpon a motion by Commissioner Cecil M Massengill, seconded by Commissioner Eleanor N Creechand carried by unanimous vote, the Board adopted the following resolution ratifying a contract for interlocalundertaking between Johnston County and the Town of Four Oaks to provide for the collection by the Countyof ad valorem taxes levied by the town515RESOLUTION RATIFYING A CONTRACT FOR INTERLOCALUNDERTAKING WITH THE TOWN OF FOUR OAKS RELATINGTO TAX COLLECTIONWHEREAS, the governing body of Johnston County has found and determined that it is in the publicinterest and for the public benefit to provide for the collection by Johnston County of ad valorem taxes leviedby the town; andWHEREAS, the County Commissioners believe that Johnston County has the means to provide forthe collection of the ad valorem taxes levied by the town; andWHEREAS, the County Commissioners have examined and approve of a contract which providesfor said County collection of town ad valorem taxes and details the legal relationship and duties of the partiesthereto;NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Johnston Countythat the contract entitled Contract for Interlocal Undertaking which provides for collection by JohnstonCounty of ad valorem taxes levied by the town is hereby approved and ratified The Chairman and the Clerkare authorized to sign said contract for and on behalf of Johnston CountyAdopted this the 7th day of February, 1994REFERENCE Contract for Interlocal Undertaking in Minute Book 18, p 549 -55112 Budget Amendments ApprovedA Sheriff s DepartmentUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner Cecil M Massengilland carried by unanimous vote, the Board approved the following budget amendmentsExpenditure Increase - Contribution for DARE and Payments for ID cards10 52001420Camera Supply1640010 51004400Dare Program29000Revenue IncreaseFamily Planning Medical Supplies1,2860010 38358100Miscellaneous Revenue 1640010 34331100Dare Program29000Expenditure Increase- Reimbursements to Sheriffs Dept1,2860010 51001700Repairs Auto2,6767610 51004400Dare Program2427410 52001420Camera Supply6000Revenue Increase10 38358100Miscellaneous Revenue 2,919503509410 34331100Dare Program6000Expenditure Increase- Additional Money from State10 51303200Office Supplies Material8200Revenue Increase10 34331215State Juvenile Restitution8200B Health DepartmentUpon a motion by Commissioner Frank B Holding, seconded by Commissioner John M Booker andcarried by unanimous vote, the Board approved the following budget amendmentsExpenditure Increase - Block Grant Funds for Preventive Health Services10 59454600Child Health Medical Supplies1,2860010 59254600Maternal Health Medical Supplies1,2860010 59604600Family Planning Medical Supplies1,28600Revenue Increase10 3519826Child Health DEHNR -MCH1,2860010 3519 -8223Maternal Health DEHNR -MCH1,2860010 351993Family Planning DEHNR -MCH1,28600Expenditure Increase- School funds to purchase hepatitis vaccine10 59154610TB Hepatitis35094Revenue Increase10 351982Johnston County Schools35094516C Emergency Management DepartmentUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner Frank B Holdingand carried by unanimous vote, the Board approved the following budget amendmentsExpenditure Increase - Year -end supplemental award money from State10 53007400 Capital Outlay 1,67000Revenue Increase10 35838200 Emergency Management Revenue 1,67000Expenditure Increase - Federal Grant relating to 1994 Emergency Exercises10 53001410 Employee Training 2,00000Revenue Increase10 35838200 Emergency Management Revenue 2,00000D LegalUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner James W Cash andcarried by unanimous vote, the Board approved the following budget amendmentExpenditure Increase - Money from Courthouse Settlement10 47005700 Miscellaneous Law Suits 103,50000Revenue Increase10 38358100 Miscellaneous Revenue 103,50000E Social Services DepartingntUpon a motion by Commissioner John M Booker, seconded by Commissioner Cecil M Massengilland carried by unanimous vote, the Board approved the following budget amendmentsExpenditure Increase - Additional Allocation from State10 61101900Crisis10,25300Revenue Increase10 35307600Crisis Intervention Revenue10,25300Expenditure Increase -Additional Allocation for State10 61005700Miscellaneous Ind Living1,56900Revenue Increase10 35318200Social Services Administration1,56900Expenditure Increase -Additional Allocation from State10 61304502Purchases Adult Day Care70400Revenue Increase10 35318200Social Services Administration70400Expenditure Increase -Allocation of Purchase of Day Care10 61304501Purchases Transitional Day Care421,78500Expenditure Decrease10 61304500Purchased Day Care POC911,33900Total - Decrease489,55400Revenue Increase10 35308000DSS Child Day Care Revenue421,78500Revenue Decrease10 35308000DSS Child Day Care Revenue911,33900Total - Decrease489,5540013 AppointmentsA Youth Task ForceUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner Cecil M Massengilland carried by unanimous vote, the Board reappointed William Mann, Henry Cox, and Allen Wellons to theYouth Task force for two year terms to expire February, 1996B Nursing Home Domiciliary Home Advisory CommitteeUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board reappointed Harriett Creech and Jean Langley to the Johnston CountyNursing Home Domiciliary Home Advisory Committee for three year terms to expire February, 199751714 Recreation Grants ApprovedUpon a motion by Commissioner Frank B Holding, seconded by Commissioner Eleanor N Creechand carried by unanimous vote, the Board approved the following recreation grantsMeadow Athletic Association - 2,000; Clayton Elementary School - 2,000; Town of Pine Level -2,000; Glendale - Chapel Recreation Dept - 2,000; Selma Middle School Booster Association - 2,00015 Sewer System - Wilsons Mills School ProjectDr Jim Causby, Superintendent of Johnston County Schools, stated the Board of Education at theirDecember meeting voted to request the County extend a sanitary sewer line to the Wilsons Mills ElementarySchool site He explained the present sewer system is at capacity and will not support the proposed expansionproject which is scheduled to begin by late summer He pointed out the following optionsA Installation of a gravity fed sewer line to the current sewer line at Hesco at an estimated cost of270,000 Cost estimate provided by McKim Creed Engineer, Tim BroomeB A force main from the school site to the County sewer lines A 2 line would cost approximately80,000 and would serve the school only A 4 line would cost approximately 130,000 andwould allow for some additional tap -onsC Purchase of adjacent property from 2 to 6 acres depending on soil type and installation of a newonsite sewer system at an estimated cost of 120,000 for the system aloneFollowing discussion with Tim Broome, Engineer, Commissioner Frank B Holding moved the Boardinstruct McKim Creed to proceed with the most practical design for extending sewer service to WilsonsMills School which will allow for some additional sewer service to the Wilsons Mills CommunityCommissioner Holding further moved the Board authorize advertisement and bid of the project as soon as thedesign is completeCommissioner Cecil M Massengill seconded the motion which carried by unanimous vote16 Award of Bid - Water Main to Serve Devil Dog Manufacturing in KenlyThe Board reviewed the following bids received January 11, 1994 at 200 pm for a water main andappurtenances to serve the Devil Dog Manufacturing Company on US 301 between Micro and KenlyT A Loving Company - Goldsboro, NCTotal Bid61,11000R D Braswell - Smithfield, NCTotal Bid73,74000Sanford Grading - Gulf, NCTotal Bid83,24950Billings Garrett, Inc - Raleigh, NCTotal Bid91,28000Dellinger, Inc - Monroe, NCTotal Bid115,45000Tim Broome explained that based on the low bid, the total project cost came in 8,900 over budgetHe recommended the Board award bid to low bidder T A Loving Company and approve a total project budgetof 73,900Upon a motion by Commissioner Eleanor N Creech, seconded by Commissioner Cecil M Massengilland carried by unanimous vote, the Board awarded bid to TA Loving Company in the amount of 61,110 forconstruction of a water main to serve the Devil Dog Manufacturing Company Approval of the followingbudget amendment was included in the motionExpenditure Increase10 66509065 Devil Dog Kenly Fire Hydrant 8,90000Revenue Increase10 39908100 Fund Balance 8,9000017 Project Bid Awards delayed - County to Re -bid if NecessaryCounty Manager, Richard B Self, informed the Board the County has received bids on the Caterpillar -Glen Laurel Wastewater Collection project and the County Fueling System; however problems have arisen withthe quotes and the projects may need to be re -bid He noted the bids are being reviewed by Attorney AndyHolland518Upon a motion by Commissioner Jerry F Wood, seconded by Commissioner John M Booker andcarried by unanimous vote, the Board authorized the County Manager to readvertise bids on theCaterpillar Glen Laurel Wastewater Collection project and the County Fueling System if the previouslyreceived bids prove not acceptable18 Executive SessionUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner John M Booker andcarried by unanimous vote, the Board recessed regular session to meet in executive session for the purpose ofdiscussing land acquisition and location and expansion of industryUpon a motion by Commissioner Frank B Holding, seconded by Commissioner Eleanor N Creechand carried by unanimous vote, the Board adjourned executive session and resumed regular session19 Personnel - Additional Deputies for Sheriffs DepartmentUpon a motion by Commissioner Frank B Holding, seconded by Commissioner Cecil M Massengilland carried by unanimous vote, the Board approved two additional deputy positions to establish a formal civildivision within the Sheriff s Department which will in turn strengthen the rest of the department and increasepatrol availability by approximately 35 20 Personnel - New Position - County AdministrationUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner Cecil M Massengilland carried by unanimous vote, the Board approved a new Clerk Typist III position for County AdministrationThere being no further business, Commissioner Eleanor N Creech moved the Board adjournCommissioner James W Cash seconded the motion which carried by unanimous voteNorman C Denning, ChairmanJoyce K Ennis, ClerkDetailsAnnotationsEntry PropertiesModified11192013 124847 PMCreated4172003 90648 AMTemplateMinutesFieldsMinutes - TypeRegularMinutes - Date271994Book19