August 2, 1993 - 10:00 AM - County Board of Commissioners Meeting Minutes

August 2, 1993The Johnston County Board of Commissioners met in regular session Monday, August 2,1993, at 10oclock 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 CreechAbsent Cecil M MassengillAlso Present Richard B Self, County Manager, and Joyce H Ennis, Clerk to the BoardThe Chairman called the meeting to order and the following business was transacted1 MinutesThe Chairman asked if there were any corrections to the minutes of the July 6, and July 13, 1993,Board meetings There being no corrections, the Chairman declared the minutes approved as presented2 Hopewell Pisgah Water District Board - Resolution AdoptedUpon a motion by Commissioner James W Cash, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board recessed regular session to sit as the Hopewell Pisgah Water DistrictBoardThe Johnston County Board of Elections certified to the Board of Commissioners the Board thatthe result of the bond referendum held on July 13, 1993, with respect to the proposed 2,000,000 GeneralObligation Bonds of the Hopewell Pisgah Water District the District was 86 votes For approval of theBond Order and 7 votes Against approval of the Bond Order, and delivered a copy of the Certificate ofCanvass to the BoardCommissioner Jerry F Wood then introduced the following resolution the title of which was readRESOLUTION CERTIFYING AND DECLARING RESULTS OF 1993 REFERENDUM ONHOPEWELL PISGAH WATER DISTRICT GENERAL OBLIGATION BONDS ANDPROVIDING FOR PUBLICATION OF NOTICES THEREOFWHEREAS The Board of Commissioners desires to certify and declare the results ofthe referendumheld July 13, 1993;NOW, THEREFORE, the Board of Commissioners for Johnston County, acting as the governingbody of the Hopewell Pisgah Water District of Johnston County, meeting in regular session at Smithfield,North Carolina, on August 2, 1993, does the followingBE IT RESOLVED BY THE BOARD OF COMMISSIONERS FOR JOHNSTON COUNTY,ACTING AS THE GOVERNING BODY OF THE HOPEWELL PISGAH WATER DISTRICT OFJOHNSTON COUNTY1 The Board hereby certifies and declares the result of the referendum held on July 13, 1993, withrespect to the proposed 2,000,000 General Obligation Bonds of the District, to be 86 votes For approvalof the Bond Order and 7 votes Against approval of the Bond Order2 The affirmative votes of a majority of those voting having been received, the Board herebycertifies and declares that the Bond Order entitled BOND ORDER AUTHORIZING THE ISSUANCE OFGENERAL OBLIGATION BONDS OF THE HOPEWELLPISGAH WATER DISTRICT OF JOHNSTONCOUNTY IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF 2,000,000 FOR THEPURPOSE OF FINANCING, IN PART, THE ACQUISITION, CONSTRUCTION, AND EQUIPPING OFA WATER SYSTEM IN THE DISTRICT , is now in effect3 The Clerk to this Board shall cause the statement attached as Exhibit A RESULT OFREFERENDUM ON 2,000,000 THE HOPEWELL PISGAH WATER DISTRICT OF JOHNSTONCOUNTY GENERAL OBLIGATION BONDS to be published in The Smithfield Herald and filed in theClerks Office4 This resolution shall take effect immediatelyCommissioner Jerry Wood moved the passage ofthe foregoing resolution, Commissioner John Bookerseconded the motion and the resolution was passed by the following voteAyes Norman C Denning, Frank B Holding, James W Cash, Jerry F Wood, DDS, John MBooker, DVM, and Eleanor N CreechNays NoneNot Voting NoneREGULAR SESSION RESUMEDUpon a motion by Commissioner John M Booker, seconded by Commissioner Frank B Holding andcarried by unanimous vote, the Board adjourned as the Hopewell Pisgah Water District Board and resumedregular session3 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 maintenance Valley Creek Drive,Creekside Drive, Clearwater Court, and Branch Court in Valley Creek Subdivision, Clayton TownshipFollowing review, Commissioner Frank B Holding moved that the Board concur with the NCDepartment of Transportations request to add Valley Creek Drive, Creekside Drive, Clearwater Court, andBranch Court in the Valley Creek Subdivision, Clayton Township, to the State Maintained SystemCommissioner John M Booker seconded the motion which carried by unanimous vote4 AppointmentsA Johnston -Lee Community Action - The Board deferred action on this appointment until theSeptember Board meetingB Industrial Facilities Pollution Control Financing AuthorityUpon a motion by Commissioner James W Cash, seconded by Commissioner Jerry F Woodand carried by unanimous vote, the Board reappointed Ayden R Lee, Jr and James W Narron to theIndustrial Facilities Pollution Control Financing Authority for six year terms to expire August, 1999C Council on the Status of WomenUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Eleanor NCreech and carried by unanimous vote, the Board reappointed Sandra K Phelps to the Johnston CountyCouncil on the Status of Women for a 2 year term to expire July 31, 19935 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 grantsBenson Middle School, 2,000; Pleasant Grove Community Outreach, Inc, 2,000; and Cla onAthletic Booster Club, 2,0006 Budget Amendment ApprovedUpon a motion by Commissioner John M Booker, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board approved the following budget amendmentHealth Department - Award of Immunization Action Plan GrantExpenditure Increase - Child Health10 -5945 -0300 Salary Part Time13,22010 -5945 -1400 Travel4,92010 -5945 -1300 Utilities50010 -5945 -1100 Phone36010 -5945 -7400 Equipment1,000TOTAL20,000Revenue Increase - Child Health10- 3519 -82 DEH NR Epidemiology20,0007 Amendment to Personnel Ordinance - Family Medical Leave PolicyIn accordance with the new Federal Family Medical Leave Act, Commissioner Eleanor N Creechmoved the Board adopt the following Family Medical Leave Policy as an amendment to the Johnston CountyPersonnel Ordinance, Article VI, Section 7 - Leave Without Pay? ? JJohnston County Family Medical Leave PolicyIn compliance with the Family and Medical Leave Act of 1993 FMLA, all permanent employeeswho have been employed at least twelve months and who worked at least 1,250 hours during theprevious twelve months are eligible for up to twelve 12 weeks of FMLA leave each year for certainfamily and medical reasons Unpaid leave is available after exhausting paid sick leave and anyaccumulated compensatory time up to a combined total of twelve weeks The County has the optionof requiring vacation pay to be exhausted prior to providing unpaid leave A year is defined as theperiod between January 1 and December 31FMLA leave may be taken 1 to care for the employees child after birth, or placement for adoptionor foster care; 2 to care for the employees spouse, son or daughter, or parent, who has a serioushealth condition; or 3 for a serious health condition that makes the employee unable to perform theemployees jobThe employee is required to provide 30 days advance notification of the need to use unpaid leave ifpossible The County has the right to require written documentation supporting the need to useFMLAIf the FMLA leave extends beyond twelve 12 weeks each year, the County has the option ofterminating the employee If the employee is continued in a leave without pay status, the employeeshall bear the full cost of continuation of major medical insurance The same position may not beavailable at the time the employee returns; benefits will stop accruing at the end of the twelve 12weeks of FMLA leave each year; and the employees salary is not guaranteed after the twelve 12weeks of FMLA leave each year are exhaustedThe County will work with the employees individual situation, where possible, to accommodate areduced work scheduleCommissioner Jerry F Wood seconded the motion which carried by unanimous vote8 Johnston County - Clayton Wastewater AgreementUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner James W Cash andcarried by unanimous vote, the Board approved the following wastewater agreement with the Town ofClaytonJOHNSTON COUNTY - CLAYTON WASTEWATER AGREEMENTTHIS AGREEMENT, made this 2nd day of August, 1993, by and between Johnston County, a bodycorporate and politic and a political subdivision of the State of North Carolina, herein after called theCounty , and the Town of Clayton, a body corporate and politic and a political subdivision of the State ofNorth Carolina, herein after called the Town ;WITNESSETHWHEREAS, the Town now provides sewer service from Clayton wastewater treatment facility to theEast Clayton Industrial Area, hereinafter referred to as ECIA ; and it is understood that ECIA includes thecollection and pumping facilities now serving Miles, Inc, Cab Formica, NATVAR, C K Components, NovoNordisk, Steel Services, Caterpillar, and environs; andWHEREAS, the County intends to construct and maintain wastewater collection and transmissionfacilities serving the area west and southwest of Clayton along NC 42, Cornwallis Road SR 1010, andenvirons west of Amelia Church Road SR 1552 with these collection and transmission facilities connectingto the Town interceptor line and wastewater treatment plant; andWHEREAS, the Town presently intends to limit its sewer service area in a westward direction alongNC 42, generally at Amelia Church Road SR 1552; andWHEREAS, the County and the Town can best utilize wastewater treatment capacities by agreeingfor the Town to divert up to 600,000 gpd from the ECIA, allowing the Town to accept a similar daily quantityof wastewater from the western county service area as well as other sources of wastewater which may betributary to the Clayton wastewater system in the future, however, excluding the I -40NC 42 Associatescapacity;andWHEREAS, the Town currently operates and maintains the County owned sewer lines and pumpingfacilities in the ECIAMelNOW THEREFORE, in consideration ofthe foregoing agreement and mutual covenants and benefitscontained herein, and other good and valuable consideration, the receipt and sufficiency of which are herebyacknowledged, the parties hereto agree and covenant as follows1 The County will construct at its own cost and operate and maintain wastewater collection,interceptor and transmission facilities to divert wastewater from the ECIA along US 70 tothe Countys existing interceptor lines in Smithfield, with such facilities having a capacity toconvey up to 600,000 gpd of wastewater2 The Town will accept from the County wastewater collection and transmission facilities westof the Town, specifically the force main on NC 42, wastewater up to an amount of 600,000gpd, but excluding wastewater under the prior agreement between the Town and I -40NC42 Associates3 All users in the ECIA area will remain retail customers of the Town, and the Town shallinvoice the customers for services performed; that the wastewater treated by the County willbe invoiced to the Town as a wholesale customer upon terms and conditions consistent withall other users of the County system4 All sewer customers west of Amelia Church Road SR 15 52 and served by the transmissionfacilities on NC 42 connecting the Town system shall be retail customers of the County, andthe Town shall invoice the County the wholesale rate at a price to be determined which shallbe based on the cost of treatment and the transmission in the Town interceptor line, only,each to be calculated separately5 The County shall construct at its own cost a wastewater meter which will be located in a 12force main adjacent to US 70 in the vicinity of Miles Laboratories and C K Componentswhich will meter all wastewater discharged into the County system, and the County shall alsoconstruct at its own cost a wastewater flow meter on the 8 force main on NC 42 at theintersection of Amelia Road SR 1552 and NC 42 Readings from these two meters shallbe the basis of the bulk charges between the County and the Town6 The Town shall adopt and enforce the Countys sewer use ordinance and pretreatmentprogram for any commercial and industrial users from which the County is acceptingwastewater The County shall adopt and enforce the Towns sewer use ordinance andpretreatment program for any commercial and industrial users from which the Town acceptswastewater7 The County will receive from the Town wastewater discharge in amounts up to 600,000 gpd,but not necessarily in proportion to the amount of wastewater discharged from the Countysystem into the Town system, in order for the Town to maximize its revenue to finance itsown wastewater treatment facilities improvements However, a minimum of 50,000 gpd asmeasured on a monthly average basis, shall be diverted from the Town into the Countysystem in order to maintain wastewater quality in the transmission facilities between the townand the County system The County will operate and control the wastewater diversionfacilities and shall make determinations on how much wastewater and at what timewastewater must be diverted to the County system to provide for proper maintenance andsafe operations of its facilities Determination of the diversion of over 50,000 gpd asmeasured on a monthly average basis shall be done jointly between the Town and County toensure the system remains in compliance with State standards8 The County will not make any lump sum assessments against the Town for improvementsto its wastewater treatment plant and will include any cost for improvements in monthly usercharges as for other bulk customers9 The Town agrees to waive any and all acreage fees or similar charges in the Countys retailservice areas, specifically west of Amelia Church Road SR 1552, excluding the 50,000gallons previously allocated to I -40NC 42 Associates tract10 In the event the Town annexes any area for which the County provides retail service theCounty shall relinquish retainer service to the users and shall sell and convey any applicableservice facilities to the Town Cost of facilities shall be determined as the Countys netoriginal cost less depreciation based on a 40 year straight line calculation In the eventannexation causes the relocation of the wastewater flow meter, the Town shall pay the fullcost associated with the relocation11 The County Board of Commissioners shall review this agreement and by Resolution adoptthis agreement to remain in full force and effect until amended12 The Town Council of the Town of Clayton shall adopt such Resolution as necessary to enterinto this Agreement which shall be binding upon the Town until modified as herein provided13 This Agreement constitutes the entire agreement between the parties hereto with respect tothe transaction contemplated hereby and supersedes all prior understandings andnegotiations14 This Agreement may be modified only by a written instrument duly executed by both parties15 The parties hereto may not assign their rights hereunder except with the written consent ofthe other party16 This Agreement shall bind and enure to the benefit of the parties hereto and their respectivesuccessors and assigns This Agreement and all documents referred to herein shall begoverned by and construed and interpreted in accordance with the laws of the State of NorthCarolina45117 All communication hereunder shall be in writing and shall be delivered by hand, sent prepaidby Federal Express, or a comparable overnight delivery service, sent by the United StatesMail, certified, postage pre -paid, return receipt requested a the address designated belowTo the County To the TownJohnston County The Town of ClaytonP O Box 1049 P O Box 879Smithfield, NC 27577 -1049 Clayton,NC 27520 -0879Attention County Manager Attention Town Manager18 If any part of this Agreement is declared invalid, that part shall not affect the rest of theAgreementIN WITNESS WHEREOF, the parties hereto have executed this Agreement or caused this Agreementto be executed by their duly authorized officers as of the day first written9 Public Hearing 1015 am - Rezoning RequestsAdvertised July 23, 30, 1993 - The Smithfield HeraldNotices posted at locations on July 22, 1993, and certified letters mailed to adjoining propertyowners on July 21, 1993The Chairman opened the public hearing and invited anyone who wished to address the Boardon the following rezoning requestsA CASE # 62A - A petition to rezone approximately 18 acres located on NC 96,approximately 818 feet north of the intersection with SR 1934, fromAgricultural Residential 40 to Highway Business Special Use District PetitionerThomas PennyAs this case involved a separate request for a special use permit, all persons wishing to comment weresworn inJeff Coutu, County Planning Director, provided a map of the property for the Commissioners toreviewThomas Penny, petitioner, asked the Board to rezone the property to allow him to operate hiswoodworking businessKenneth Talton, Sally, Jennifer Talton, Jack and Wanda Armstrong, Tamara McGraw, GregSpain, and Billy Mozingo opposed the rezoning The following concerns were voiced property too small toaccommodate a business, residential area, machinery would create too much noise, increase in traffic, highwaynot built for large trucks, environmental concerns, and business would decrease property values in theneighborhoodDewe J? and Zilphia Bailey spoke on behalf of Mr Pennys request Mr Jones explained he ownsthe building Mr Penny is temporarily using for his business and stated the business would not, in his opinion,be detrimental to the neighborhoodB CASE # 66A Petition to rezone approximately 84 acres located on US 301 and StateRoad 1183 intersection from ARR -40 to Residential -10 Petitioner W CarrollStephensonJeff Coutu presented a map ofthe area showing the surrounding zoning He explained Mr Stephensonwishes to build multi - family dwellings on this propertyC CASE # 67A Petition to rezone approximately 33 acres located on US 301, north of theintersection with SR 1183 intersection from ARR -40 to Residential -30 Petitioner WCarroll StephensonJeff Coutu pointed out the area on a map He stated Mr Stephenson wishes to build single - familyresidences on this propertyCarroll Stephenson, petitioner for Case 466 and Case 467 stated, in his opinion, his plans to developthese two tracts of land would enhance the areaThere being no further comments, the Chairman closed the public hearingI10 Rezoning Cases DecidedA CASE # 62A A petitionapproximately 818 feetAgricultural Residential 40Thomas Pennyto rezone approximately 18 acres located on NC 96,north of the intersection with SR 1934, fromto Highway Business Special Use District PetitionerCommissioner John M Booker moved the Board deny the request from Thomas Penny Case 462Ato rezone 18 acres on NC 96 from ARR -40 to Highway Business Special Use DistrictCommissioner Eleanor N Creech stated she sympathized with Mr Pennys need to operate hisbusiness; however, in order to preserve the integrity of the Countys land use ordinance she seconded themotion which carried by unanimous voteB CASE # 66 A petition to rezone approximately 84 acres located on US 301 and StateRoad 1183 intersection from ARR -40 to Residential -10 Petitioner W CarrollStephensonUpon a motion by Commissioner James W Cash, seconded by Commissioner Frank B Holding andcarried by unanimous vote, the Board approved the request from W Carroll Stephenson to rezoneapproximately 84 acres located on US 301 and SR 1183 intersection from ARR -40 to Residential -10 Case#66C CASE #67 A petition to rezone approximately 33 acres located on US 301, north of theintersection with SR 1183 from ARR -40 to Residential -30 Petitioner W CarrollStephensonUpon a motion by Commissioner Frank B Holding, seconded by Commissioner Jerry F Wood andcarried by unanimous vote, the Board approved the request from W Carroll Stephenson to rezoneapproximately 33 acres on US 301 north of the intersection with SR 1183 intersection from ARR -40 toResidential -30 Case 467The Public Hearing for a Special Use Permit scheduled to follow this hearing was not held sincethe rezoning request was denied11 Smart Start Program EndorsedCounty Manager, Richard B Self, informed the Board he recently attended a meeting with GovernorJim Hunt concerning the Governors program for providing quality early childhood education, health care, andother crucial services to the children ofNorth Carolina He explained that initially 12 counties across the statewill become demonstration partnerships in the Smart Start program with the remaining 88 counties phasedin over the next few years Participation in the program would require no local fundsUpon a motion by Commissioner James W Cash, seconded by Commissioner Frank B Holding andcarried by unanimous vote, the Board endorsed the concept of Governor Jim Hunts program, Smart Start,and pledged their support in assuring the program would be successfully implemented in Johnston County12 Award of Bids - Telemetry System for Portions of Western Johnston CountyBid Opening July 14, 1993 - 200 pmThe Board reviewed the following bids received on July 14, 1993, for a telemetry system to controlthe water tanks and the booster pump stations as a part of the EDA grant project in portions of westernJohnston CountyT A Loving, GoldsboroBase Bid 34,250Alternate # 115,000Alternate 4210,000Alternate 432,750LJs Electric - Elm CityBase Bid 29,500Alternate # 114,800Alternate 4211,800Alternate 432,500Following review of bids, Commissioner James W Cash moved the Board accept the low bid,including base bid and alternates # 1, 42, and 43 from LJs Electric for a telemetry system to regulate watertanks and booster pump stations in western Johnston County in the total amount of 58,600Commissioner Frank B Holding seconded the motion which carried by unanimous vote453EXECUTIVE 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 purposeof discussing land acquisition and personnelREGULAR SESSION RESUMEDUpon a motion by Commissioner John M Booker, seconded by Commissioner Jerry F Wood andcarried by unanimous vote, the Board adjourned executive session and resumed regular session13 Authorization to Purchase Property - Site for Family Care Center in KenlyUpon a motion by Commissioner James W Cash, seconded by Commissioner Jerry F Wood andcarried by unanimous vote, the Board authorized the Johnston Memorial Hospital Board of Trustees topurchase property in Kenly for a new Family Care Center14 Public Hearing Utilicom CDBG Close -Out ProceduresAdvertised July 16, 1993 in The Smithfield HeraldThe Chairman opened the public hearing and invited anyone who wished to address the Board on theclose -out procedures for the Community Development Block Grant - Economic Development Utilicom SewerProjectSkip Green, Grant Administrator, advised the Board the State has given the County permission tobegin project close -out procedures for the Utilicom Sewer Project He outlined the project activities and actualresults as follows and pointed out all area results exceed the anticipated activitiesProposed Project Activity Actual Project Result1 Construct 5,7901f of force main and 1 Constructed 6,070 if of forcemain gravitylife station at a cost of 66,000 lines and lift station at a cost of112,9822 Construct 5,500 if of water main at 2 13,550 if of water main undercontract at aa cost of 219,000 cost of 582,4513 Utilicomexpend325,848 inprivate funds 3 392,817 in private funds expended4 Utilicom create 8 jobs with 6 jobs filled by 4 11 jobs created with 9 jobs filledby lowlow moderate income persons moderate income personsThere being no further comments, the Chairman closed the public hearingThere being no further business, Commissioner Frank B Holding moved the Board adjournCommissioner John M Booker seconded the motion which carried by unanimous voteNorman C Denning, ChairmanJoyce K Ennis, ClerkDetailsAnnotationsEntry PropertiesModified11192013 115940 AMCreated4302003 100415 AMTemplateMinutesFieldsMinutes - TypeRegularMinutes - Date821993Book19