June 7, 1993 - 10:00 AM - County Board of Commissioners Meeting Minutes

June 7, 1993The Johnston County Board of Commissioners met in regular session Monday, June 7, 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 Creech, and Cecil M MassengillAbsent NoneAlso Present Richard B Self, County Manager, Joyce H Ennis, Clerk to the Board, and W R Britt,County AttorneyThe 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 May 3, and May 17, 1993,board meetings There being no corrections, the Chairman declared the minutes approved as presented2 Amendment to Ambulance Franchise Ordinance 50210 Rescue SquadThe 50210 Rescue Squad has requested their franchise be upgraded from EMT - Defibrillator Level tothe EMT - Intermediate Level of service The Emergency Management Services Advisory Committee has reviewed the request and recommended approval It was noted any change in a franchise must be passedat two regular meetings before final approval is grantedFirst Vote Upon a motion by Commissioner Eleanor N Creech, seconded by Commissioner Cecil MMassengill and carried by unanimous vote, the Board approved a change in level of service for the 50210Rescue Squad from EMT - Defibrillator Level to EMT - Intermediate Level3 Newton Grove Fire District Revision of Boundary DescriptionCounty Manager, Richard B Self, informed the Board that Dewayne West, EMS Director, reviewedthe boundaries of the portion of the Newton Grove Fire District which extends into Johnston County, and hasrevised the descriptions to correspond with the Johnston County fire districts it borders He explained thereare no changes in the boundaries, only changes in the descriptions of the boundary pointsAs recommended by EMS Director, Dewayne West, Commissioner Jerry F Wood moved the Boardapprove the revised boundaries for the portion of the Newton Grove Fire District which extends into JohnstonCounty Commissioner Eleanor N Creech seconded the motion which carried by unanimous voteRevised Boundaries of Newton Grove Fire DistrictAreas of Johnston CountyServed by the Newton Grove Fire DepartmentPoint 19 on N C Highway 55, 05 mile east of its intersection with Road 1636; thence northeasterlyto point 20 on Road 1641 at its intersection with the Sampson - Johnston County Line; thence easterly alongthe Sampson - Johnston County Line to point 2 1 at its intersection with Road 1654; thence northeast to point22 on Road 1128, 05 mile northwest of its intersection with Road 1129; thence northeasterly to point 23on NC Highway 50, 02 mile north of SR 1008; thence northeasterly to point 24 on I -40, 02 mile north ofSR 1008; thence northeasterly to point 25 on SR 1131, 06 mile east of its intersection with SR 1122; thencenortheasterly to point 26 on US Highway 701, at its intersection with Mill Creek, 13 miles north of SR1008; thence southeasterly to point 27 on SR 1008, 04 mile northeast of its intersection with US highway701; thence southeasterly to point 28 on Langston Road SR 1192, at the Johnston- Sampson County line;thence southeasterly back into Sampson County to point 1 the beginningNOTE Points 19, 20, 21, 22, 23, 24, and 25 are adjoining points with Meadow Fire District of JohnstonCountyPoint 26 is an adjoining point with Stricklands Crossroads Fire District of Johnston CountyPoints 27 and 28 are adjoining points with Bentonville Fire District of Johnston County4 Recreation Grant - Extension and Change of ProiectCommissioner Jerry F Wood moved the Board approve a 30 -day extension to the Princeton TarheelLittle League Association on recreation grant #9293 -35 and to the Princeton Babe Ruth Association on399recreation grant #9293 -36 Commissioner Wood further moved the Board approve project amendments forthese grants to include field and facility maintenance and upkeepCommissioner Frank B Holding seconded the motion which carried by unanimous vote5 Budget Amendments ApprovedA Health DepartmentUpon 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 - Maternal Health10 -5925 -4600 Medical Supplies 52500Revenue Increase10- 3519 -823 DEHNR - MaternalChild Health 52500B Mental HealthUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner John M Booker andcarried by unanimous vote, the Board approved the following budget amendmentExpenditure DecreasePersonal Services36,50000Fixed Charges Other34500Expenditure IncreaseSupplies Materials10,34500Current Obligations Services70000Capital Outlay13, 50000Contracts Grants, Other Subsidies240,16100Revenue DecreaseState Funds61,63900Federal Funds23,53100Revenue IncreaseCounty General Funds100,00000Patient Fees - Medicaid200,00000Other Fees 13,031006 Appointments ApprovedA Bentonville Fire District CommissionersUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board reappointed James Lee Bass, William Johnson, and George Schwartzto the Bentonville Fire Protection District Commission for two year terms to expire June, 1995B Library Board of TrusteesCommissioner John M Booker moved the Board waive the Countys reappointment policy for theLibrary Board of Trustees based on the belief that removal of established and experienced members at this timewould be detrimental to the functioning of that boardCommissioner Eleanor N Creech seconded the motion which carried by unanimous voteUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner John M Booker andcarried by unanimous vote, the Board reappointed Ellen Taylor and Barbara Wiggs to the Library Board ofTrustees to serve three year terms to expire June, 1996C Community College Board of TrusteesUpon a motion by Commissioner John M Booker, seconded by Commissioner Frank B Holding andcarried by unanimous vote, the Board reappointed Edward Lewis White to the Johnston Community CollegeBoard of Trustees for a four year term to expire June, 1997D Planning BoardUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner Cecil M Massengilland carried by unanimous vote, the Board reappointed Walter F Johnson to the Johnston County PlanningBoard to serve a three year term to expire May, 19967 Public Hearing Set - Revised Flood Damage Prevention OrdinanceUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner James W Cash andcarried by unanimous vote, the Board called for a public hearing at 1030 am, July 6, 1993, for the purposeof soliciting public comment on a proposed revised Flood Damage Prevention Ordinance8 Letter of Sunnort for State Funding for Snorts ArenaUpon a motion by Commissioner John M Booker, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board approved the following letter of recommendation supporting a proposedentertainment and sports arena at the Carter- Finley site in RaleighLetter of Recommendation for the ProposedEntertainment and Sports Arena Located at the Carter - Finley SiteIn the interest of economic development for Johnston County and the entire Triangle area, we the undersigned[Board of Commissioners] are supportive of the proposed Entertainment and Sports Arena We,Commissioners of Johnston County, feel this will be in keeping with economic development of our region andwe request that you, the State Legislators, look favorably upon legislation which would lend financial supportto this project9 Resolution Extended Area Telephone ServiceCommissioner Jerry F Wood moved the following resolution be approved and Commissioner EleanorN Creech seconded the motion which carried by unanimous voteRESOLUTIONEXTENDED AREA TELEPHONE SERVICEWHEREAS, The County Commissioners of Johnston County have received numerous requests fromconstituents residing in Johnston County but served by the Raleigh telephone exchange; andWHEREAS, These citizens frequently have need to contact the County Government, law enforcement, theHospital, various State agencies, as well as many businesses; andWHEREAS, These citizens must make a long distance call under the present calling system and wouldgreatly benefit by being able to call and be called by the various governmental agencies; andWHEREAS, The construction of I -40 and the upgrading of US 70 has made access to the Research TriangleArea routineNOW THEREFORE BE IT RESOLVED by the Board of Commissioners of Johnston County that the StateUtilities Commission call for an election that would allow the area West of I -95 to have local telephone accessto the Research Triangle telephone exchangeAdopted this 7th day of June, 199310 Resolution Toll -Free Calling Within Johnston CountyUpon a motion by Commissioner Cecil M Massengill, seconded by Commissioner James W Cash andcarried by unanimous vote, the Board adopted the following resolutionRESOLUTIONCOUNTY -WIDE TELEPHONE SERVICEWHEREAS, Johnston County is a political subdivision of the State of North Carolina; andWHEREAS, Johnston County is required by the State of North Carolina to provide basic services to allcitizens residing in the County Such services to include but not limited to Emergency Services,Health Services, Social Services, Building and Fire Inspections, Planning, Tax, Schools andCourts; andWHEREAS, Access to these services is via telephone and should be made as convenient and useful asfeasible; andWHEREAS, Several areas of Johnston County are served by arbitrary boundaries which do not followpolitical jurisdiction boundaries creating a hardship on the citizens of Johnston County; and401WHEREAS, Many citizens of Johnson County are prevented from receiving needed services due to theexpense of long distance calls to the County SeatNOW THEREFORE BE IT RESOLVED by the Board of Commissioners of Johnston County that the NorthCarolina Utilities Commission is called upon to take all steps necessary to allow county -wide toll free telephoneservices to the citizens of Johnston CountyBE IT FURTHER RESOLVED that the North Carolina Utilities Commission is respectfully requested tonotify the County of any procedures the County Commissioners need to take to make this request a realityand that the North Carolina Utilities Commission keep the County of Johnston informed of all steps taken tobring about county -wide toll free callingThat a copy of this Resolution be provided to each legislator and municipality in Johnston CountyUnanimously adopted this 7th day of June, 199311 Public Hearing Rezoning RequestsAdvertised May 21, 28, 1993 - The Smithfield HeraldThe Chairman opened the public hearing and invited anyone who wished to address the Board on thefollowing rezoning requestsA CASE #63 - Petition to rezone approximately one acre located on SR 1706 in WildersTownship from ARR 40 to Hwy Business Petitioner Danny and Dale EllisJeff Coutu, County Planning Director, presented a map of the property and explained Mr Ellis wishesto expand his existing auto repair garage business Because the property is not located on a major highway,the Planning Board recommended the property be rezoned general business; however, after consulting withthe Institute of Government, the Planning Staff now recommends approval to Highway Business as originallyrequestedB CASE #64 - Petition to rezone approximately 72 acres located on SR 1525 at the WakeCounty line from ARR -40 to R -30 Petitioner John AmanJeff Coutu pointed out the property on a map and indicated zoning in the area He explained Mr Amanis developing a single family residential subdivision on public water and stated the Planning Boardrecommended approvalC CASE #65 - Petition to rezone approximately one acre located on Hwy 50, approximately600 feet south of the intersection with SR 1104, in Banner Township from ARR 40 toCommunity Business Special Use District Petitioner Carlton R LammAs this case involves a separate request for a special use permit, all persons wishing to comment weresworn inJeff Coutu presented a map of the area and showed the surrounding zoning He stated Mr Lammwishes to open a shop to make race car framesRandy Sloan who lives next to the property opposed the rezoning voicing concern that the businesswould decrease the value of other property in the area He stated Mr Lamm currently has his shop in Bensonand is relocating because that neighborhood has complained about the noise associated with the operationMrs L E Johnson concurred and asked the Commissioners to keep the area residentialThere being no further comments, the Chairman closed the public hearing12 Rezoning DecisionsA CASE #63 - Petition to rezone approximately one acre located on SR 1706 in WildersTownship from ARR 40 to Hwy Business Petitioner Danny and Dale EllisUpon a motion by Commissioner James W Cash, seconded by Commissioner Jerry F Wood andcarried by unanimous vote, the Board approved rezoning CASE #63, for Danny and Dale Ellis onapproximately one acre located on SR 1706 in Wilders Township from ARR -40 to Highway Business402B CASE #64 - Petition to rezone approximately 72 acres located on SR 1525 at the WakeCounty line from ARR -40 to R -30 Petitioner John AmanUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Cecil M Massengill andcarried by unanimous vote, the Board approved rezoning CASE #64 for John Aman on 70 acres on SR 1525in Clayton Township from ARR -40 to Residential 30 subject to the requirement of community or public waterC CASE #65 - Petition to rezone approximately one acre located on Hwy 50, approximately600 feet south of the intersection with SR 1104, in Banner Township from ARR 40 toCommunity Business Special Use District Petitioner Carlton R LammUpon a motion by Commissioner Cecil M Massengill, seconded by Commissioner John M Booker andcarried by unanimous vote, the Board denied a request from Carlton R Lamm to rezone approximately oneacre on Hwy 50 in Banner Township from ARR -40 to Community Business Special Use DistrictIt was noted the scheduled public hearing on a Special Use Permit Petition from Carlton RLamm would not be held since the rezoning request was denied13 Rezoning Case Held OverCASE #59 Petition to rezone approximately 146 acres, southwest of the intersection of SR 1178and SR 1179, Ingrams Township, from ARR -40 to Highway Business ApplicantWilbert and Hannelore BarnesJeff Coutu reviewed with the Board Mr Barnes wishes to place a used car lot on the property Hepresented a map pointing out the property and surrounding zoningUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Frank B Holding andcarried by unanimous vote the Board approved Rezoning Case #59 for Wilbert and Hannelore Barnes onapproximately 146 acres in Ingrams Township from ARR -40 to Highway Business14 Mobile Home PropertyAgnes Williams informed the Board that approximately 9 years ago she purchased a parcel of landadjacent to her mothers property in Meadow Township with the intention of some day placing a mobile homeon the lot At the time she was told there would be no problem; however now with the new environmentalhealth regulations, she has been informed she does not have sufficient property for a septic tankFollowing discussion, Chairman Norman C Denning advised Mrs Williams to talk with the supervisorof Environment Health to see if any alternate arrangements can be worked out15 Eaualization and Review Cases ReviewedTax Administrator, John Stott, reviewed the cases previously heard by the Board of Equalization andReview He explained the tax staff has again investigated each case and gave the following recommendationsbased on General Statutes 105 -287A Princeton Properties Parcel #04006013 Current Value 546,670 - Tax Departmentrecommends no changeB Carl Fitchett, Jr Parcel #15L11199A Current Value 93,520 - Tax Department recommendsno changeC Govind ChandakA Parcels #12M11199Dm 12M11199E, and 120520026 Current Value 500,340 - TaxDepartment recommends no changeB Parcel #14074008R Current Value 1,314,920 - Tax Department recommends thevalue be reduced to 1,100,000 based on access road being closed by State HighwayCommissionD William Earl Ormond Parcel #14047004 Current Value 847,000 - Tax Departmentrecommends no changeE Eastern Manufacturing Company Parcels #14017027 and 14017027A Current Value882,690 Tax Department recommends no changeF Ms Verna Ennis Parcel #01027008 Current Value 45,690 - Tax Department recommendsno changeG Khandubhai C Patel Parcel #15L11199 Current Value 999,530 - Tax Departmentrecommends the value be reduced to 874,530 based on rerouting of NC Highway 70H Bryon Pearce representing the following propertiesA Kenly Village Apartments Parcel #03001004 -A Current Value 700,840 - TaxDepartment recommends no change403B Crestfield Apartments Parcel #01025012 -A Current Value 1,151,880 - TaxDepartment recommends no changeC Parkview Apartments Parcel #01005002 -A Current Value 952,950 - Tax Departmentrecommends the value be reduced to 866,140 based on error in square footage16 E R CASES DECIDEDA Khandubhai C Patel Parcel #15L11199Following discussion, Commissioner Frank B Holding moved the tax value of Parcel # 1511199 ownedby Khandubhai C Patel be reduced by 125,000 from 999,5 3 0 to 874,5 3 0 as recommended by the CountyTax Administrator and based on the rerouting of NC Highway 70Commissioner Jerry F Wood seconded the motion which carried by unanimous voteB Govind Chandak Parcel #14074008RCommissioner Jerry F Wood moved the Board approve a reduction in tax value in the amount of214,920 from 1,314,920 to 1,100,000 on Parcel #14074008R, owned by Govind Chandak asrecommended by the County Tax Administrator and based on the access road being closed by the StateHighway CommissionCommissioner Cecil M Massengill seconded the motion which carried by unanimous voteC Remaining E R CasesUpon a motion by Commissioner John M Booker, seconded by Commissioner James W Cashand carried by unanimous vote, the Board made the following decisions on E R Cases as recommended bythe County Tax AdministratorA Princeton Properties Parcel #04006013 - no changeB Carl Fitchett, Jr Parcel #15L11199A - no changeC Govind Chandak Parcels #12M1119913m 12M11199E, and 120520026 - no changeD William Earl Ormond Parcel #14047004 - no changeE Eastern Manufacturing Company Parcels #14017027 and 14017027A - no changeF Ms Verna Ennis Parcel #01027008 - no changeG Kenly Village Apartments -Bryon Pearce, Representative Parcel #03001004 -A - no changeH Crestfield Apartments - Bryon Pearce, Representative Parcel #01025012 -A - no changeI Parkview Apartments - Bryon Pearce, Representative Parcel #01005002 -A Current Value952,950 - Value to be reduced to 866,140 based on error in square footage17 Motor Vehicle Value Review Board - AppointmentsUpon a motion by Commissioner James W Cash, seconded by Commissioner Jerry F Wood andcarried by unanimous vote, the Board appointed Commissioner Eleanor N Creech, Rex Everhart, Clayton, andKenneth Aycock, Kenly, to the Motor Vehicle Value Review Board to serve two year terms18 Public Hearing 1993 -1994 Proposed County BudgetAdvertised May 25, 1993 - The Smithfield HeraldThe Chairman opened the public hearing and invited anyone who wished to address the Board on theProposed 1993 -1994 County BudgetCounty Manager, Richard B Self, informed the Board the proposed budget consists of a base budgetand an expansion budget He explained the base budget is balanced and has approximately 533,000 additionalfunds for the expansion budgetChairman Denning voiced the Boards appreciation for the time and effort put into preparing thisbudget, and noted the Board would soon begin budget review sessionsThere being no further comments, the Chairman closed the public hearing19 Mechanical Bid Award Cleveland SchoolCounty Manager, Richard B Self, and Wesley Coble, Architect for the Cleveland School project,informed the Board they have checked with the Attorney Generals office concerning the withdrawnmechanical bid on the school project They reported the County can either accept the lowest remaining bidwhich would be Central Heating and Air Conditioning of Kinston, or they can reject all bids and rebid;however, the company that withdrew would not be eligible to submit a rebid Mr Coble recommended theCounty award bid to Central Heating and Air ConditioningFollowing discussion, Commissioner Jerry F Wood moved the Board award mechanical contract toCentral Heating and Air Conditioning of Kinston in the amount of 744,770 Base Bid and 85,765Alternate BidCommissioner Frank B Holding seconded the motion which carried by unanimous voteNOTE All project bids were reviewed by the Board on May 17, 1993, and appear in the minutesof that meeting20 Return of Bid Bond Checks on Withdrawn BidsCounty Manager, Richard B Self, asked the Boards direction on returning the 5 base bid bondchecks to the two companies that withdrew their Cleveland School Project bids following bid opening Heexplained the law allows a bidder to withdraw his bid within 24 hours after bid opening if the withdrawal isbased on a clerical error He noted both companies alleged clerical error and requested withdrawal within theallotted time frameUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner James W Cash andcarried by unanimous vote, the Board authorized the County Manager to return bid bond checks to TripleR Electric in the amount of 24,22450 and Southern Piping in the amount of 33,600 providing thecompanies can show where clerical error was made21 Public Hearing 1100 am - Community Development Block Grant Project AmendmentAdvertised May 25, 1993 in The Smithfield HeraldThe Chairman opened the public hearing and invited anyone who wished to address the Board on theproposed project amendment to the Red Hill CDBG Project to include relocation activities to providerelocation benefits to a mobile home property owner at a cost not to exceed 22,000 He explained theadditional activity would not increase the project cost and would be paid from budgeted rehabilitation fundsThere being no comments, the Chairman closed the public hearing22 CDBG Proiect AmendmentUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner Frank B Holdingand carried by unanimous vote, the Board authorized Anne Eason, HAPP Director, and Lula Sanders, CDBGAdministrator, to submit the necessary documents to the State Division of Community Assistance requestingthe Red Hill CDBG Project Activities be amended to include relocation activities for relocation benefits; coststo be from budgeted rehabilitation funds and not to exceed 22,00023 Report on Environmental Assessment Water Plant Site and Neuse River Water Intake SiteTim Broome, Engineer with McKim and Creed, reported the engineers have completed anenvironmental assessment of the proposed sites for a county water plant and water intake along the NeuseRiver He announced the results showed no major concerns, and after final review by the necessary agencies,he stated he anticipates approvalHe pointed out in the study some limited concerns were identified; some pertaining to environmentalregulations and some to physical features of the sites The costs to satisfy these concerns is assessed atapproximately 400,000 in additional project costs; however, he noted looking for an alternative site wouldbe more costly to the CountyHe recommended the Commissioners proceed with plans to acquire the site from the Department ofTransportation and ask DOT to provide a hold- harmless agreement for anything toxic or hazardous foundon the site that pre - exists transfer of titleFollowing further discussion, Commissioner Jerry F Wood moved the Board authorize the Chairmanand County Manager to negotiate with the NC Department of Transportation to acquire the proposed waterplant site property and request a hold- harmless agreement for existing toxic and or hazardous materials onthe propertyCommissioner Frank B Holding seconded the motion which carried by unanimous vote40524 Land Swan - Pleasant Grove Communitv CenterCommissioner Cecil M Massengill moved the Board authorize an even swap of property with LeonParrish in the Pleasant Grove Community in order to provide the necessary land for a septic tank to serve thePleasant Grove Community CenterCommissioner Frank B Holding seconded the motion which carried by unanimous voteEXECUTIVE SESSIONUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner Frank B Holdingand carried by unanimous vote, the Board recessed regular session to meet in executive session for thepurpose of discussing land acquisition and industrial recruitmentUpon a motion by Commissioner John M Booker, seconded by Commissioner Eleanor N Creechand carried by unanimous vote, the Board adjourned executive session and resumed regular session25 Site for Eastern North Carolina Processing CenterCommissioner Jerry F Wood moved the County secure a 12 -month option to purchase, at a cost of500,000, a tract consisting of 132 acres from the heirs of E G Hobbs in Selma as a site for the EasternNorth Carolina Prison Processing Center Commissioner Wood further moved the County commit to425,000 of the purchase price with the understanding the Town of Selma will provide the remaining75,000Commissioner Frank B Holding seconded the motion which carried by unanimous voteUpon a motion by Commissioner John M Booker, seconded by Commissioner Cecil M Massengilland carried by unanimous vote, the Board recessed until 730 pm tonight June 7, 1993Norman C Denning, ChairmanJoyce H Ennis, ClerkDetailsAnnotationsEntry PropertiesModified11192013 21349 PMCreated572003 95018 AMTemplateMinutesFieldsMinutes - TypeRegularMinutes - Date671993Book19