December 6, 1993 - 10:00 AM - County Board of Commissioners Meeting Minutes

December 6, 1993The Johnston County Board of Commissioners met in regular session Monday, December 6,1993, at 10oclock am in the Commissioners Room, Johnston County Courthouse Annex, Smithfield, North Carolina, withthe 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 November 1, 1993 Boardmeeting There being no corrections, the Chairman declared the minutes approved as presented2 Reorganization of BoardThe Chairman turned the meeting over to the County Manager to preside in the election of a chairmanof the Board of County CommissionersThe County Manager called for nominations for Chairman ofthe Board of Commissioners to serve a oneyear termCommissioner Frank B Holding nominated Commissioner Norman C Denning to serve as Chairmanof the Board Commissioner Eleanor N Creech seconded the nominationThere being no further nominations, Commissioner John M Booker moved the nominations be closedCommissioner Frank B Holding seconded the motion and Commissioner Norman C Denning was electedChairman of the Board by acclamationChairman Denning thanked the Board for their continued supportThe Manager turned the meeting over to Chairman Denning for the election of a Vice ChairmanChairman Denning called for nominations for Vice Chairman of the Board to serve a one year termCommissioner Jerry F Wood nominated Frank B Holding to serve as Vice Chairman of the BoardCommissioner James W Cash seconded the nominationCommissioner John M Booker moved the nominations be closed Commissioner Eleanor N Creechseconded the motion and Commissioner Frank B Holding was elected Vice Chairman by acclamation3 1994 Schedules Board Meeting Dates and County Holiday ScheduleUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner Frank B Holding andcarried by unanimous vote, the Board adopted the following schedules for 1994SCHEDULE OF REGULAR BOARD MEETINGS 1994JanuaryMonday, January 3, 1994FebruaryMonday, February 7, 1994MarchMonday, March 7, 1994AprilMonday, April 4, 1994MayMonday, May 2, 1994JuneMonday, June 6, 1994JulyTuesday, July 5, 1994AugustMonday, August 1, 1994SeptemberTuesday, September 6, 1994OctoberMonday, October 3, 1994NovemberMonday, November 7, 1994DecemberMonday, December 51 1994or4 Department of Transportation Addition to SystemThe Board reviewed a petition presented by the North Carolina Department of Transportationrequesting the following roads be added to the State Secondary System for maintenanceHomestead Drive in Homestead Subdivision, Selma TownshipPowell Drive, Glenview Acres Subdivision, Section IV, Wilsons Mills TownshipFollowing review, Commissioner Jerry F Wood moved that the Board concur with the NCDepartment of Transportations request to add Homestead Drive in Homestead Subdivision, SelmaTownship, and Powell Drive, Glenview Acres Subdivision, Wilsons Mills Township, to the StateMaintained SystemCommissioner James W Cash seconded the motion which carried by unanimous vote5 Department of Transportation Abandonment of SR 1349Ross Halley, Maintenance Engineer with Department of Transportation, informed the Board thathe and Commissioner Cecil Massengill met with John E Massengill, one of the people who did not signthe right-of-way necessary for paving SR 1349 Mr Halley reported he has asked the DOT survey crewto try to work with Mr Massengill again in an effort to try to find a solution to his problemChairman Denning stated he would like to be present when DOT again visited Mr SB Johnson,another of the property owners that has not signed the necessary right-of-wayMr Halley noted if the remaining parties could not be satisfied, DOT would probably pave asmuch of the road as possible, leaving unpaved the portion in front of the unsigned property ownersUpon a motion by Commissioner Cecil M Massengill, seconded by Commissioner Eleanor NCreech and carried by unanimous vote, the Board recommended that DOT pave that portion of SR 1349where right-of-way can be obtained6 Jury Commission ReportClerk of Superior Court, Will R Crocker, presented to the Commissioners the Jury CommissionReport for 1994-957 Memorandum of Agreement - Princeton Fire RescueUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Eleanor N Creechand carried by unanimous vote, the Board adopted the following memorandum of agreement with thePrinceton Fire and RescueMEMORANDUM OF AGREEMENT BETWEEN JOHNSTON COUNTY, NORTH CAROLINAANDPRINCETON FIRE DEPARTMENT AND PRINCETON RESCUE SQUADNORTH CAROLINAJOHNSTON COUNTYThis agreement, made and entered into this 6th day of December, 1993, by and between thePrinceton Fire Department, Inc and the Princeton Rescue Squad, Inc hereinafter called Princeton Fireand Rescue, and the County of Johnston, hereinafter called the County;WITNESSETHThat for and in consideration of the mutual covenants hereinafter contained, and pursuant toauthority granted by GS 160A-11, do hereby covenant and agree as follows1994 Holiday ScheduleNew Years DayFriday, December 31Martin Luther King, Jr DayMonday, January 17Good FridayFriday, April 1Memorial DayMonday, May 30Independence DayMonday, July 4Labor DayMonday, September 5Veterans DayFriday, November 11ThanksgivingThursday Friday, November 24 25ChristmasFriday Monday, December 23 264 Department of Transportation Addition to SystemThe Board reviewed a petition presented by the North Carolina Department of Transportationrequesting the following roads be added to the State Secondary System for maintenanceHomestead Drive in Homestead Subdivision, Selma TownshipPowell Drive, Glenview Acres Subdivision, Section IV, Wilsons Mills TownshipFollowing review, Commissioner Jerry F Wood moved that the Board concur with the NCDepartment of Transportations request to add Homestead Drive in Homestead Subdivision, SelmaTownship, and Powell Drive, Glenview Acres Subdivision, Wilsons Mills Township, to the StateMaintained SystemCommissioner James W Cash seconded the motion which carried by unanimous vote5 Department of Transportation Abandonment of SR 1349Ross Halley, Maintenance Engineer with Department of Transportation, informed the Board thathe and Commissioner Cecil Massengill met with John E Massengill, one of the people who did not signthe right-of-way necessary for paving SR 1349 Mr Halley reported he has asked the DOT survey crewto try to work with Mr Massengill again in an effort to try to find a solution to his problemChairman Denning stated he would like to be present when DOT again visited Mr SB Johnson,another of the property owners that has not signed the necessary right-of-wayMr Halley noted if the remaining parties could not be satisfied, DOT would probably pave asmuch of the road as possible, leaving unpaved the portion in front of the unsigned property ownersUpon a motion by Commissioner Cecil M Massengill, seconded by Commissioner Eleanor NCreech and carried by unanimous vote, the Board recommended that DOT pave that portion of SR 1349where right-of-way can be obtained6 Jury Commission ReportClerk of Superior Court, Will R Crocker, presented to the Commissioners the Jury CommissionReport for 1994-957 Memorandum of Agreement - Princeton Fire RescueUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Eleanor N Creechand carried by unanimous vote, the Board adopted the following memorandum of agreement with thePrinceton Fire and RescueMEMORANDUM OF AGREEMENT BETWEEN JOHNSTON COUNTY, NORTH CAROLINAANDPRINCETON FIRE DEPARTMENT AND PRINCETON RESCUE SQUADNORTH CAROLINAJOHNSTON COUNTYThis agreement, made and entered into this 6th day of December, 1993, by and between thePrinceton Fire Department, Inc and the Princeton Rescue Squad, Inc hereinafter called Princeton Fireand Rescue, and the County of Johnston, hereinafter called the County;WITNESSETHThat for and in consideration of the mutual covenants hereinafter contained, and pursuant toauthority granted by GS 160A-11, do hereby covenant and agree as followsPrinceton Fire and Rescue agrees to furnish and provide space within the Fire RescueComplex to the County for use as an alternate Emergency Operations Center during timesof disaster emergencies or in the event the primary Emergency Operations Center isinoperable2 The County agrees to provide the equipment and supplies necessary for the operation ofthe alternate EOC3 The County agrees to assume all cost associated with the operation of the facility as analternate EOC4 The County agrees to maintain the alternate EOC during the period that it is in operationas an EOC, and to leave it in the same condition as found prior to its activation as an EOC5 The County agrees to be responsible for repairing any damages to the facility or toequipment located in the building as a result of the EOC operations This does not includedamages to the facility or equipment resulting from storms, or other incidents notassociated with the EOC operation6 The County of Johnston agrees to save harmless Princeton Fire and Rescue from any andall liability as a result of injuries to authorized personnel in the alternate EmergencyOperations Center7 This agreement maybe terminated by either party at the end of the fiscal year or by giving180 days written notice of its intent to so terminate to the other party by registered orcertified mailIn witness whereof the Princeton Fire Department and Rescue Squad has caused these presentsto be signed in their name by their respective Chief and attested by their Secretary, and the County ofJohnston has caused these presents to be signed in its name by the Chairman and attested by the Clerkof its Board of CommissionersThis the 6th day of December, 19938 Resolution Authorization for Filing Application for and Approval of Financing AgreementFor New Cleveland School FacilityThe Following resolution was discussed and its title readRESOLUTION CONFIRMING THE AUTHORIZATION FOR THE FILING OF ANAPPLICATION FOR, AND APPROVAL OF, A FINANCING AGREEMENT FOR THE NEWCLEVELAND SCHOOL FACILITY AUTHORIZED BY NORTH CAROLINA GENERALSTATUTE 160A-20WHEREAS, Pursuant to Chapter 865 of the 1992 Session Laws, amending Chapter 885 of the 1989Session Laws Special Act, Johnston County the County is authorized to acquire real or personalproperty for use by the Johnston County School Board the School Board to acquire and construct a newCleveland School facility the Project in the County; andWHEREAS, the Board desires to finance the Project by the use of an installment contract authorizedunder North Carolina General Statute 160A, Article 3, Section 20; andWHEREAS, such financing the Project has been previously approved by this Board on December 7,1992, and January 4, 1993, and November 1, 1993; andWHEREAS, there have been presented to the Board substantially final forms of the following documentswhich First-Citizens Bank Trust Company the Bank and the County propose to use in connectionwith the financing of the Facilitya Installment Purchase Contract between the Bank and the County dated as of December1, 1993 the Agreement; andb A deed of Trust dated as of December 1, 1993, and executed by the County in favor of theBank as security for the Agreement together with all other documents required by the Bank as securityfor the Agreement, the Security Documents; andWHEREAS, findings of fact by this Board must be presented to enable the North Carolina LocalGovernment Commission to make its findings of fact set forth in North Carolina General Statute 159,Article 8, Section 151 prior to approval of the proposed contract;491NOW, THEREFORE, the Board of Commissioners of Johnston County, meeting in regular session atSmithfield, North Carolina, on December 6, 1993, do the followingBE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF JOHNSTON COUNTY1 The Board hereby makes the following findings of fact which may be relied on by the NorthCarolina Local Government Commission in its consideration of the financinga The proposed financing is necessary and expedient in order to provide a new schoolfacilityb The proposed contract is preferable to a bond issue for the same purpose because ofthe relatively short term 10 years and low interest rate 385 which are differentfrom current general obligation bonds The cost of the proposed undertaking exceedsthe amount of funds that can be prudently raised from currently availableappropriations, unappropriated fund balances, and non-voted bonds that could beissued by the County in the fiscal year pursuant to Article V, Section 4, of the NorthCarolina Constitution The project is non-revenue producing so revenue bonds arenot an optionc The cost of financing under the proposed contract is not greater than the cost ofissuing general obligation bonds since the County utilized a Request for Proposalprocess with counsel fees not greater than in a general obligation issue and all otherfees paid by the Bankd The sums to fall due under the contract are adequate and not excessive for theproposed purpose because of the competitively low interest rate and the Countysefforts at responsibility reviewing costse The Countys debt management procedures andpolicies are goodbecause paymentsof debt have been funded adequately and paid in a timely fashion over the yearswithout defaulting in strict compliance with law and will henceforth continue to beso carried outf The increase in taxes, if any, necessary to meet the sums to fall due under theproposed contract will not be greater than approximately 26 cents per 100valuation and is not deemed excessiveg The County is not in default in any of its debt service obligationsh The attorney for the County has rendered an opinion that the proposed Project isauthorized by law and is a purpose for which public funds may be expendedpursuant to the Constitution and laws of North Carolina2 It is hereby confirmed that the County Manager is authorized to file an application withthe North Carolina Local Government Commission for approval of the financing3 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 formspreviously submitted, which are hereby approved, with such completions, omissions, insertions, andchanges as may be approved by the Chairman or Vice Chairman, including such changes as may berequired by the North Carolina Local Government Commission, his execution to constitute conclusiveevidence of his approval of any such completions, omissions, insertions and changes The Clerk of theBoard shall attest and seal such documents as require the Clerks attestation and the County Seal4 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 ordesirable in connection with execution of the Agreement and the Security Documents and theundertaking of the Project5 To the extent permitted by law, the County Manager, or such other officer or employee ofthe County as may be responsible from time to time for the preparation of the Countys annual budget,is hereby authorized and directed to carry out the obligations imposed by the Agreement on such officeror employee6 All other actions of the officers of the County which are in conformity with the purposes orintent of this resolution and in furtherance of the execution of the Agreement and the undertaking of theProject, including the execution of the Security Documents, are hereby ratified, approved and confirmedThe representations of the County made in the Agreement and the Security Documents are herebyconfirmed The Countys approval of the Agreement and the Security Documents is contingent uponapproval by the North Carolina Local Government Commission4927 The obligations of the County under the Agreement and the related note are herebydesignated as qualified tax-exempt obligations for purposes of Section 265b3 of the Internal RevenueCode of 1986, as amended the Codea The Board will in no event designate more than 10,000,000 of obligations asqualified tax-exemppt obligations in 1993 including the obligations hereby approved, for the purpose ofsuch Section 265b3;b The County and all its subordinate entities within the meaning of Section265b3 of the Code have not issued more than 10,000,000 of tax-exempt obligations in 1993 notincluding private activity bonds, as defined in Section 141 of the Code, other than qualified 501c3bonds, as defined in Section 145 of the Code, including the obligations hereby approved;c Barring circumstances unforeseen as of the date of delivery of the obligations herebyapproved, the Board will not approve the issuance of tax-exempt obligations of the County or suchsubordinate entities if the issuance of such tax-exempt obligations would, when aggregated with all othertax-exempt obligations theretofore issued in 1993 by the County and such subordinate entities, resultin the County and such subordinate entities having issued a combined total of more than 10,000,000of tax-exempt obligations in 1993 not including private activity bonds other than qualified 501c3bonds, including the obligations hereby approved; andd The Board has no reason to believe that the County and such subordinate entitieswill issue tax-exempt obligations in 1993 in an aggregate amount that will exceed such 10,000,000limit; provided, however, that if the Board receives an opinion of its bond counsel that compliance withany restriction set forth in b or c above is not required for the obligations hereby approved to bequalified tax-exempt obligations, the Board need not comply with such restriction8 The Board hereby represents and covenants as followsa The County and all its subordinate entities within the meaning of Section148f4111 of the Code have not issued more than 5,000,000 of tax-exempt obligations in 1993 notincluding private activity bonds, including the obligations hereby approved;b Barring circumstances unforeseen as of the date of delivery of the obligations herebyapproved, the Board will not approve the issuance of tax-exempt obligations of the County or suchsubordinate entities if the issuance of such tax-exempt obligations would, when aggregated with all othertax-exempt obligations theretofore issued in 1993 by the County and such subordinate entities, resultin the County and such subordinate entities having issued a combined total of more than 5,000,000 oftax-exempt obligations in 1993 not including private activity bonds including the obligations herebyapproved;c The Board has no reason to believe that the County and such subordinate entitieswill issue tax-exempt obligations in 1993 in an aggregate amount that will exceed such 5,000,000 limit;d At least 95 of the proceeds of the obligations hereby approved shall be used forlocal government activities of the County within the meaning of Section 148f4111 of the Code;provided, however, that if the Board receives an opinion of its bond counsel that non-compliance with anyrestriction set forth in b or d above will not cause the County to be required to rebate to the UnitedStates any part of the earnings derived from the investment of the gross proceeds of the obligationshereby approved, the Board need not comply with such restriction9 This resolution shall take effect immediatelyCommissioner James W Cash moved the passage of the foregoing resolution and CommissionerJerry F Wood seconded the motion, and the resolution was passed by the following voteAyes Commissioners Norman C Denning, John M Booker, Jerry F Wood, James W Cash,Eleanor N Creech, Cecil M MassengillNays NoneNot Voting Frank B Holding9 Public Hearing 1015 am Rezoning CasesAdvertised November 23, 30, 1993 in The Smithfield HeraldCertified letters were mailed to adjoining property owners on November 24, 1993 and noticeswere posted at the locations on November 23, 1993The Chairman opened the public hearing and invited anyone who wished to address the Boardon the following rezoning requestsA CASE #75 Petition to rezone approximately 974 acres south of Guy Road SR 1551bisected by Winston Road SR 1550 from AR R-40 to Planned Unit Development PUDPetitioner White Oak Farms PartnershipJeff Coutu, Planning Director, presented a map of the area and noted the tract, which wasoriginally part of White Oak Subdivision, is bisected by Winston Road and Guy Road He stated theproperty has a package treatment plant and public water access493Brian Lussier with Robbins Inc, developers of the property, presented a rendering of the proposedvillage with a golf course, shops and offices He stated plans call for single-family, low-densitydevelopmentCounty Manager, Richard B Self, stated that because of the size of this project, it is recommendedthat infrastructure should be coordinated with NCDOT and the Johnston County Public Utilities priorto final plat approval Ross Halley, Maintenance Engineer with the Department of Transportation,indicated DOT would be willing to work with the developersSusan Goodson Smith who lives near the proposed rezoning asked how the project would affectthe communityMs Smith and the other neighbors in attendance were invited to look at the rendering andaddress any questions to Mr Lussier and his associates Gattis Lee who lives in the area stated, in hisopinion, the project would enhance all the surrounding propertyB CASE #77 Petition to rezone approximately 149 acres in Southgate Business Park lot10 on NC 42 from Interstate Highway District to Highway Business Special Use DistrictApplicant Capital Center South At the Old Drug Store Lewis Wilson As this rezoningrequest involves a Special Use District, persons wishing to speak were sworn inJeff Coutu directed the Boards attention to a map of the area and pointed out the surroundingzoningLewis Wilson, developer of the property, asked the Board to approve the rezoning He statedconstruction of the proposed Burger King could begin immediately and when completed would require50 employees He introduced Jim Sherwood with Burger King Inc who pointed out the business wouldbe a combination Burger King restaurant and convenience store that would remain open 24 hours a dayC CASE #78 Petition to rezone approximately 093 acres in Pleasant Grove Township at theintersection of SR 1309 and SR 1313 from AR R-40 to Highway Business PetitionerDurwood Sandra YoungJeff Coutu pointed out the property on a map and noted this tract is adjacent to the HarnettCounty line He stated Mr and Mrs Young want to operate a used car lot on the propertyMichael S Broadwell, resident of Harnett County, noted he did not receive notice of the hearings,however, he lives across from the property He voiced concerns about increased traffic in the area andquestioned the impact on neighboring property values He stated he is currently subdividing some of hisproperty into nine lots based on the area being residentialJeff Coutu explained only residents of Johnston County who live within 500 feet of the proposedrezoning were notified as required by state General StatutesTony Barefoot who lives in the general area remarked on other types of business which would beallowed under the Highway Business zoning designation and voiced concern that the property might notalways remain a car lot Danville Langdon stated the area is residential and requested the Board leaveI t residentialThere being no further comments, the Chairman closed the public hearing10 Rezoning Cases DecidedA CASE #75 Petition to rezone approximately 974 acres south of Guy Road SR 1551bisected by Winston Road SR 1550 from AR R-40 to Planned Unit Development PUDPetitioner White Oak Farms PartnershipUpon a motion by Commissioner James W Cash, seconded by Commissioner Jerry F Wood andcarried by unanimous vote, the Board approved rezoning of 974 acres south of Guy Road, bisected byWinston Road, for White Oak Farms from AR R-40 to Planned Unit Development, subject to the projectinfrastructure being coordinated with the North Carolina Department of Transportation and theJohnston County Public Utilities DepartmentB CASE #77 Petition to rezone approximately 149 acres in Southgate Business Park lot10 on NC 42 from Interstate Highway District to Highway Business Special Use DistrictApplicant Capital Center South At the Old Drug Store Lewis WilsonUpon a motion by Commissioner Frank B Holding, seconded by Commissioner James W Cashand carried by unanimous vote, the Board approved rezoning for Capital Center South at the Old DrugStore Lewis Wilson of 149 acres in Southgate Business Park on NC42 from Interstate Highway Districtto Highway Business Special Use Districti O iC CASE #78 Petition to rezone approximately 093 acres in Pleasant Grove Township at theintersection of Sr 1309 and SR 1313 from AR R-40 to Highway Business PetitionerDurwood Sandra YoungThe Board postponed a decision on Case #78 until the January, 1994 meeting11 Public Hearing Special Use Permit Petitionrs were mailed to adjoining property owners on November 24, 1993 and noticesThe Chairman opened the public hearing and invited anyone who wished to address the Boardon the following request for a special use permitCASE #77 Petition for a Special Use Permit for a restaurant convenience store on approximately149 acres located in Cleveland Township in Southgate Business Park Lot 10 on NC 42Petitioner Capital Center South at the Old Drug Store Partnership Lewis WilsonChairman 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 planillustrating the location, size and major design elements of the development of the siteResponse 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 fashionResponse Yes 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 supportingthe action Response Mr Coutu read the following evidence of support found by thePlanning Board1 The use will promote the public health, safety and general welfare, if locatedwhere proposed and developed and operated according to the plan as submitted2 The use will maintain the value of contiguous property3 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 recommendationResponse Yes, Sir8 Is the applicant aware that if the Commissioners deny the request that no application canbe accepted for the same or a similar use affecting the same property for a period of twelve12 months Response Yes, Sir9 Is the applicant aware that the right of appeal to the Board of Adjustment must beexercised within 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 isnot used as permitted within that time period Response Yes, SirThere being no further comments, the Chairman closed the public hearing12 Special Use Permit ApprovedUpon a motion by Commissioner Frank B Holding, seconded by Commissioner James W Cashand carried by unanimous vote, the Board approved a special use permit for a restaurant conveniencestore on approximately 149 acres located in Southgate Business Park on NC42 in Cleveland Townshipfor Capital Center South at the Old Drug Store Partnership based on the following findings of fact1 The use will promote the public health, safety and general welfare, if located whereproposed and developed and operated according to the plan as submitted2 The use will maintain the value of contiguous property3 The use is in compliance with the general plans for the physical development of JohnstonCounty49513 Reauest for Relief of TaxesTax Administrator, John Stott, informed the Board Mr Mrs Elbert Stallings have requestedrelief of taxes on their home which was destroyed by fire in late April, 1993 Mr Stott stated heexplained to Mr Mrs Stallings thatby State law he had no authority to release taxes due He reportedtaxes on the destroyed dwelling amount to 75819Mr Mrs Stallings addressed the Board explaining they were the victims of burglary and arsonon April 25, 1993 They lost their home and all their belongings, and because they did not have sufficientinsurance they are now having to live in a single-wide trailerThe Board offered their sympathy to Mr Mrs Stallings but explained the North CarolinaGeneral Statutes do not authorize the Commissioners to offer relief of taxes in this type of situationChairman Denning pointed out, however, that in extreme cases such as these, the Board has occasionallymade some concessions, recognizing at the same time, their own personal responsibilityFollowing further discussion, Commissioner Cecil M Massengill moved the Board release taxeson the house for the 8 months since the house was destroyedCommissioner Frank B Holding seconded the motion which carried by the following voteAyes Norman C Denning, Frank B Holding, James W Cash, John M Booker, Cecil MMassengill and Jerry F WoodNo Eleanor N CreechCommissioner Creech offered her sincere sympathy and voiced compassion to Mr Mrs Stallingsover their unfortunate situation stating she would like to be in a position to help them; however, by herinterpretation, North Carolina law does not grant Commissioners the authority to do so14 Firemans Association Reauest Hepatitis ImmunizationDewayne West, Director of Emergency Management, informed the Board the FiremansAssociation has requested the County provide hepatitis immunization for all volunteer fire personnelHe stated that by law all firemen and rescue members must either take the vaccination or sign a waiverreleasing their department and the County from liability He noted the County provides theimmunization for rescue squadsFollowing discussion, Commissioner Frank B Holding moved the Board provide Hepatitis Bimmunization to all full members of the volunteer fire departments in Johnston County at a cost of 83per fireman Commissioner Holding included in his motion a budget amendment from unappropriatedfund balance to cover the cost of immunizationCommissioner Jerry F Wood seconded the motion which carried by unanimous voteBudget AmendmentExpenditure Increase10 53503406 Fire Personnel Vaccine 33,200Revenue Increase10 39908100 Fund Balance 33,20015 Printers Donated to Countv Fire Rescue UnitsDewayne West informed the Board that Ken Starling, Princeton Fire Chief, has arranged throughthe company where he works to have printers donated to each of the Countys fire and rescue units TheRenn Corporation has provided the printers, valued at over 35,000, and the only expense to the localdepartments is a one-time installation charge and the monthly phone bill He explained that whenCommunications alerts a department of an emergency, the printer will automatically print thedirections, time, and other pertinent information about the call This will save time, provide accurateinformation, and make incident reports much easier for the fire and rescue personnelCommissioner Eleanor N Creech moved the Board send resolutions of appreciation to KenStarling for his assistance in obtaining printers for the fire and rescue units and to the Renn Corporationfor their generous donationCommissioner Frank B Holding seconded the motion which carried by unanimous vote16 Budget Amendments ApprovedUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Eleanor N Creechand carried by unanimous vote, the Board approved the following budget amendmentsA Social Services DepartmentExpenditure Increase106120 4508 In-Home Aide II7,76900Revenue Increase103533 8100 Triangle-J Block Grant- Aging7,76900B Sheriffs DepartmentExpenditure Increase - Controlled Substance Tax Distribution10 51004300 Special Services64510Revenue Increase10 34331200 Controlled Substance Tax64510Expenditure Increase - Insurance Recovery on Vehicle Damage10 51001700 Repairs Auto1,24840Revenue Increase10 38358100 Miscellaneous Revenues1,24840Expenditure Increase - Contributions to Dare Program10 51004400 Dare Program1,00100Revenue Increase10 34331100 Dare Program1,00100C Water SewerExpenditure Increase - Installation of Utility Line20 42401800 Construction65,00000Revenue Increase20 31902200 Developer Funds65,00000D Health Department - Payment of Home Health claims 42391Expenditure Increase - Administration10 5900-9900 Building Fund 2,38862Revenue Increase - Home Health10 3519-8251 Home Health Patients 2,38862E Non Departmental - Workmens Compensation InsuranceExpenditure Increase10 66005410 Workmens Compensation 33,18600Revenue Increase10 38358100 Miscellaneous Revenues 33,18600F Soil ConservationExpenditure Increase10 63100200 Salaries Soil Conservation 6,5024410 63100500 Social Security 49756Revenue Increase10 34508200 Soil Conservation 7,00000G Communitv Based AlternativeExpenditure Increase10 51300200 Salaries 1,40000Revenue Increase10 34331215 State Juvenile Restitution 1,40000Expenditure Increase - M Health - Adolescent sex offenders programPersonal Services 6,27100Revenue IncreaseState Funds 6,2710017 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 grants and a change ofproject request from Clayton Athletic Booster ClubKenly Jaycees, 2,000; Clayton Metro Little League, 2,000; North Johnston Middle SchoolBooster Club, 2,000; and Selma Elementary School, 2,000 Change of Project for Clayton AthleticBooster Club - Irrigation system for baseball field49718 Amendment to November Motion Surplus PropertyCommissioner Frank B Holding moved the motion of November 1, 1993 concerning surplusproperty be amended to authorize the County Manager to dispose of the property in accordance with N CGeneral Statutes Commissioner John M Booker seconded the motion with carried by unanimous voteReference Book 19, page 484, item 2819 Project Ordinance - Home Grant - Johnston-Lee Communitv ActionUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Eleanor N Creechand carried by unanimous vote, the Board approved the following grant project ordinance and budgetamendment for the Home Program administered by the Johnston-Lee Community ActionGRANT PROJECT ORDINANCEAN ORDINANCE TO ESTABLISH THE OPERATING BUDGET FOR THE HOME PROGRAM#M93-25-37-0152 AS AUTHORIZED BY NCGS 159-132BE IT ORDAINED by the Board of Commissioners of the County of Johnston, North Carolina thatSection 1 The project authorized is the North Carolina Housing Finance Agency grant Number M93-25-37-0152 between Johnston County Government and the North Carolina Housing Finance AgencySection 2 The Board of Commissioners of the County of Johnston are hereby directed to proceed withthe grant project within the terms of the grant documents, the rules and regulations of the U SDepartment of Housing and Urban Development, the North Carolina Housing Finance Agency and thebudget contained hereinSection 3 The following revenues are anticipated to be available to complete this projectREVENUESHAPP 21,00000HUD 307, 35300TOTAL REVENUES 328,35300Section 4 The following amounts are appropriated for the projectPayments to Contractors297,38000Payments to Consultants2,50000Administrative Salaries17,10400Payments to Consultants3,60000Departmental Supplies60000Legal Costs, Title Search, Etc3,50000Misc copies, Ind Computer etc3,66900Total Program Costs328,35300Section 5 the finance officer is hereby directed to maintain within the Grant Project Fund sufficientspecific detailed accounting records to provide the accounting to the U S Department of Housing andUrban Development, the North Carolina Housing Finance Agency, as required by the grant agreementand federal and state regulationsSection 6 The finance officer is directed to report during the active period of the project or until theproject is closed out, on the financial status of each project in Section 4 and the total grant revenuesreceived or claimedSection 7 The budget officer is directed to include a detailed analysis of past and future cost andrevenues on this grant project in every budget submission made to this boardSection 8 Copies of this grant project ordinance shall be made available to the budget officer and thefinance officer for direction in carrying out this projectDuly adopted this 6th day of December, 1993Budget AmendmentExpenditure Increase10 65009083 HUD - Johnston Lee CA 328,35300Revenue Increase10 38358175 Dept of HUD 307,3530010 35358176 HAPP 21,00000i 1or20 Appointments ApprovedA Johnston-Lee Community Action BoardUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner John M Bookerand carried by unanimous vote, the Board reappointed Sadie Bennett to the Johnston-Lee CommunityAction Board to serve a two year term to expire December 31, 1995B Johnston County Board of HealthCommissioner Frank B Holding moved the Board reappoint Suzanne Cook and appoint CharlesH Beddingfield to the Johnston County Board of Health for three year terms to expire December 31,1996Commissioner Cecil M Massengill seconded the motion which carried by unanimous voteC Industrial Development CommissionUpon a motion by Commissioner Cecil M Massengill, seconded by Commissioner Jerry F Wood,and carried by unanimous vote, the Board made the following appointments to the Johnston CountyIndustrial Development Commission for two year terms to expire December 31, 1995 Reappointed - EarlCreech at-large and Linwood Byrd Four Oaks; Appointed - Scott Evans Smithfield and Don JohnsonBensonD Council on Status of WomenUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner John M Bookerand carried by unanimous vote, the Board reappointed Marvel Dixon to the Council on Status of Womenfor two year term to expire December 31, 1995E Nursing Home Domiciliary Home Advisory BoardThe Board delayed action on an appointment to the Nursing Home Domiciliary Home AdvisoryBoardF NEW BOARD Johnston County Emergency Food and Shelter CommitteeCommissioner Frank B Holding moved the Board create the Johnston County Emergency Foodand Shelter Committee to administer funds received from federal Emergency Food and Shelter Grantsawarded the County Commissioner Holding further moved the Board appoint the following membersto serve on the Committee for two year terms to expire December 31, 1995Appointed Dewayne West, Kyle McDermott, Earl Marett, Anne Eason, Donna Creech, Jeff Coutu,Ann Creech, Captain Joseph Ray, Rev Paul Olsen, Tonya Jones, Marie Watson, and Christine WilliamsCommissioner John M Booker seconded the motion which carried by unanimous vote21 Landfill Operation ComplaintJackie Creech informed the Board she believes some people with solid waste decals are by-passingthe weight station at the landfill and dumping shingles and other regulated items without paying TheBoard agreed to check into this matterEXECUTIVE SESSIONUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner James W Cashand carried by unanimous vote, the Board recessed regular session to meet in executive session for thepurpose of discussing the expansion or location of industry in Johnston CountyThe Board returned to regular session and upon a motion by Commissioner John M Booker,seconded by Commissioner Jerry F Wood and carried by unanimous vote, the Board moved to continueexecutive session during lunch at a local restaurantUpon returning to the Courthouse, Commissioner Frank B Holding moved the Board continueexecutive session in the Commissioners conference room Commissioner Eleanor N Creech seconded themotionREGULAR SESSION RESUMEDUpon a motion by Commissioner James W Cash, seconded by Commissioner Eleanor N Creechand carried by unanimous vote, the Board adjourned executive session and resumed regular sessionn O 922 Wastewater Fee Schedule AdoptedCommissioner Frank B Holding moved the Board adopt the following wastewater fee schedulefor assessing Johnston County wastewater lines with the stipulation that should the Board reduce thesefees within 36 months through December 61 1996, persons who have paid the fees would be refundedthe difference Commissioner Holding further moved the Board authorize Commissioner Cecil MMassengill, County Manager, Richard B Self, and Attorney W A Holland to negotiate any subsequentagreements which might arise concerning connection to County wastewater linesCommissioner Jerry F Wood seconded the motion which carried by unanimous voteWASTEWATER FEE SCHEDULEA A Wastewater Fee will be charged to all non-residential parties who access a Countyowned wastewater lineResidentialIndustrialCommercial1 acre or lessMore than 1 acre05,000 per acre20,000 per acre10,000 per acreThis Wastewater Fee will be levied on all property owned by an individual, corporationor other entity that is zoned Business, Commercial or Industrial, including Special UseDistricts that apply to these categories This fee shall be charged to all contiguousproperty under common ownership and zoned Commercial or Industrial Subdivisionsshall not be allowed to avoid the fee Any land which is later rezoned to one of thesecategories from AR R-40 shall activate the fee which shall be due immediatelyB The County shall charge a Tap Fee as previously adopted by the County CommissionersThis fee covers the cost of installing the sewer connectionC All parties who access the Johnston County Wastewater lines shall immediately pay a10 gallon capacity fee to the County This fee shall be based on North Carolinastandards23 Forestry Service - Site for New FacilityUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Frank B Holding andcarried by unanimous vote, the Board authorized Chairman Norman C Denning and County ManagerRichard B Self to sign all necessary documents and to negotiate the transfer of up to four acres of landin the vicinity of the Livestock Arena to the Forestry Service as a site for a new facilityThere being no further business, Commissioner Jerry F Wood moved the Board adjournCommissioner Eleanor N Creech seconded the motion which carried by unanimous voteNorman C Denning, ChairmanJoyce H Ennis, ClerkDetailsAnnotationsEntry PropertiesModified11192013 122458 PMCreated4172003 92526 AMTemplateMinutesFieldsMinutes - TypeRegularMinutes - Date1261993Book19