May 3, 1993 - 10:00 AM - County Board of Commissioners Meeting Minutes

May 3, 1993The Johnston County Board of Commissioners met in regular session Monday, May 3, 1993, at 10oclock am in the Commissioners Room, Johnston County Courthouse Annex, Smithfield, North Carolina,with the following members presentNorman C Denning, Chairman, James W Cash, John M Booker, DVM, Jerry F Wood, DDS,Eleanor N Creech, and Cecil M Massengill Frank B Holding, Vice Chairman, arrived at 1015 amAbsent 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 transactedMinutesThe Chairman asked if there were any corrections to the minutes of the April 5, and April 22, 1993,board meetings There being no corrections, the Chairman declared the minutes approved as presentedHOPEWELL PISGAH WATER DISTRICT BOARDUpon a motion by Commissioner John M Booker, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board recessed regular session to sit as the Hopewell Pisgah Water DistrictBoard2 Public Hearing 1000 am -Bond Order Authorizing the Issuance of General Obligation Bondsof the Hopewell Pisgah Water DistrictAdvertised The Smithfield Herald on April 20, 1993The Chairman opened the public hearing and invited anyone who wished to address the Board on a BondOrder Authorizing the Issuance of General Obligation Bonds of the Hopewell Pisgah Water District ofJohnston County in the Maximum Aggregate Principal Amount of 2,000,000 for the Purpose of Financing,in Part, the Acquisition, Construction, and Equipping of a Water System in the DistrictCounty Manager Richard B Self, stated the Bond Order was introduced to this Board on February 1, 1993There being no further comments, the Chairman closed the public hearing3 Adoption of Bond Order Hopewell Pisgah Water DistrictAfter consideration of the public hearing, Commissioner Jerry F Wood moved the adoption of the BondOrder entitled BOND ORDER AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDSOF THE HOPEWELL PISGAH WATER DISTRICT OF JOHNSTON COUNTY IN THE MAXIMUMAGGREGATE PRINCIPAL AMOUNT OF 2,000,000 FOR THE PURPOSE OF FINANCING, IN PART,THE ACQUISITION, CONSTRUCTION, AND EQUIPPING OF A WATER SYSTEM IN THEDISTRICT without change from the form thereof introduced on February 1, 1993, and Commissioner JamesW Cash seconded the motion and the Bond was passed and adopted by the following voteAyes Norman C Denning, James W Cash, Jerry F Wood, John M Booker, Eleanor N Creech,and Cecil M MassengillNays NoneNot Voting NoneREGULAR SESSION RESUMEDUpon a motion by Commissioner John M Booker, seconded by Commissioner Jerry F Wood andcarried by unanimous vote, the Board adjourned the Hopewell Pisgah Water District Board and resumedregular session4 Growth Corridors Designated Cleveland School Road SR 1010 and NC 210Upon a motion by Commissioner John M Booker, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board designated Cleveland School Road SR 10 10 and NC 210 as GrowthCorridors in Johnston County3815 Resolution Social Services WeekUpon a motion by Commissioner John M Booker, seconded by Commissioner James W Cash andcarried by unanimous vote the Board adopted the following resolutionRESOLUTIONWHEREAS, Dedicated men and women work in the Johnston County Social Services to provide support andservices for thousands of our citizens; andWHEREAS, These Social Service professionals accomplish many goals in their lifes work they provide financialand medical assistance for those unable to meet basic needs; protect children, older adults and thedisabled; guide the needy toward self - maintenance through education and job placement; offerservices to children, older adults and the disabled that enhance the quality of life; and provideadministrative support for program operations; andWHEREAS, Social Service professionals are dedicated to improving the quality of life for the citizens of thiscounty and this state They also strive to improve the delivery of services and to operate socialservice programs as efficiently and effectively as possibleNOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of Johnston County that the Week ofMay 2 through May 8 be PROCLAIMED Appreciation Week for County Department of Social ServicesEmployees in Johnston County to coincide with the State Wide Proclamation issued by Governor Jim Hunt Thatthe citizens of Johnston County are urged to recognize these professionals and commend them for their effortsUnanimously adopted this 3rd day of May, 19926 Memorandum of Understanding NC Cooperative Extension Service and NC State University andNC A T State UniversityCounty Manager, Richard B Self, informed the Board the Memorandum of Understanding between The NorthCarolina Cooperative Extension Service, NC State University, NC A T State University, and the Board of CountyCommissioners has been revised to include the American Disabilities Act and recent changes in WorkmansCompensation Act The revised agreement also includes a provision whereby the Memorandum of Understanding maybe reviewed periodically and amended if necessaryUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner James W Cash and carried byunanimous vote, the Board adopted the revised Memorandum of Understanding between the North Carolina CooperativeExtension Service, North Carolina State University, North Carolina A T State University, and the Board of CountyCommissioners7 Public Hearing 1015 am - Rezoning CasesAdvertised The Smithfield Herald April 20, 27, 1993 Notices posted at locations on April 22, and April 23,1993, and certified letters mailed to adjoining property owners on April 20, 1993 The Chairman opened the public hearing and invited public comment on the following rezoning requestsA CASE # 41 Petition to rezone approximately 1918 acres on SR 1918, approximately 1000 feeteast of the intersection with Hwy 70 East, in Smithfield Township, from ARR -40 to R -30Petitioner Sue WarrickJeff Coutu, County Planning Director, presented a map of the property and pointed out the zoning in thesurrounding area He explained that community or public water will be required if the property is rezoned R -30 Henoted the Planning Board recommended approvalSue Warrick stated no mobile homes will be placed on the property; only single family homesWilliam R Bell, representing neighbors who originally opposed rezoning ofthis property, stated the communitynow supports Ms Warricks plans for the property and withdraws their oppositionB CASE #55 Petition to rezone approximately 48 acres on SR 1312, Pleasant Grove Township,from ARR -40 to General Business Petitioner Bertel Group Glennie StephensonJeff Coutu presented a map of the area and pointed out that all surrounding property and other property in thearea is zoned ARR -40 He stated the Planning Board recommended denial based on incompatibility with surroundingARR -40 zoningMrs Glennie Stephenson asked the Board to consider rezoning the property so she and her husband can buildand operate a mini - market on the property382C CASE #56 Petition to rezone approximately 772 acres on SR 1010 and SR 1509, ClevelandTownship, from ARR -40 to R -30 Applicant Ben BookerJeff Coutu presented a map of the property and stated community or public water would be required if rezonedto R -30 The Planning Board recommended approvalD CASE #57 Petition to rezone approximately 115 acres on Hwy 50, approximately 150 feet northof the intersection with SR 1517 Sanders Road, Pleasant Grove Township, from ARR -40 toHwy Business Applicant Phillip and Jnell DupreeJeff Coutu pointed out the property on a map and noted the applicant wishes to build a convenience store atthe site He stated the Planning Board recommended approval of the rezoningE CASE #59 Petition to rezone approximately 146 acres, southwest of the intersection of SR 1178and SR 1179, Ingrams Township, from ARR -40 to Highway Business Applicant Wilbert andHannelore BarnesJeff Coutu pointed out the property on a map and stated Mr Barnes wishes to put a used car lot at the site Henoted the Planning Board recommended approvalWilbert Barnes presented a petition from neighbors approving his request He stated the lot would be wellmaintained and in no way would become a junk yardF CASE #60 Petition to rezone approximately 619 acres on SR 1526, approximately 480 feetnorth of SR 1010, Cleveland Township, from ARR -40 to Community Business ApplicantPhyllis H IngramJeff Coutu presented a map of the area and pointed out the property located across from this site is currentlyzoned for business He noted the property owner has a prospective buyer who wishes to place a Day Care Center onthe property The Planning Board recommended approvalAlbert Kensak, who plans to buy the land and build a 3,000 sqft day -care facility, explained the CountyHealth Department has inspected the property and found it suitable for water and sewer systems large enough to meetthe needs of the proposed day -care operation He offered a petition from neighbors supporting the rezoningSherry Mitchell who lives in the neighborhood voiced concern about construction run -offto her property whichis lower than the proposed site She noted recent heavy rains have created flooding problems on some portions of herlotIn response, Mr Kensak pointed out the construction site is well away from other homes and an existing bufferof trees should prevent this from being a problemTommy Willett and Carol Anderson, both residents of Crestwood Subdivision, opposed the rezoning requestingthe entire area remain residential They were especially concerned that if rezoned to community business, the propertymight at some point be used for something other than a day care facility Mr Willett presented a petition signed byresidents in Crestwood and other subdivisions in the area opposing the rezoningThere being no further comments, the Chairman closed the public hearing8 Rezoning Cases DecidedA CASE #41 - Sue Warrick - 1918 acres on SR 1918 in Smithfield Township from ARR -40to R -30Upon a motion by Commissioner John M Booker, seconded by Commissioner Jerry F Wood and carried byunanimous vote, the Board approved a request CASE #41 from Sue Warrick to rezone 1918 acres on SR 1918 inSmithfield Township from ARR -40 to R -30 with the understanding that community or public water is requiredB CASE #55 - Bertel Group Glennie Stephenson - 48 acres on SR 1312, Pleasant GroveTownship, from ARR -40 to General BusinessCommissioner Cecil M Massengill asked Planning Director, Jeff Coutu, to explain why the Planning Boardrecommended denial of this requestMr Coutu stated the Planning Staff and Planning Board were concerned that rezoning this property mightconstitute spot zoning since all other property in the area is ARR -40 He noted also there was some opposition at thePlanning Board hearingCommissioner Frank B Holding responded, in his opinion, countywide zoning is so new in Johnston Countythat most cases that come before the Board might be considered spot zoning if land use in the area is the only criteriaconsidered383Following further discussion, and based on Mrs Glenme Stephensons request, Commissioner Cecil MMassengill moved the Board approve rezoning of CASE #55 of 48 acres on SR 1312 in Pleasant Grove Township fromARR -40 to General Business Special Use District, and approved a special use permit for a mini - market as thisconforms with the standards set forth in the Johnston County Zoning OrdinanceCommissioner James W Cash seconded the motion which carried by unanimous voteC CASE #56 - Ben Booker - 772 acres on SR 1010 and SR 1509 from ARR -40 to R -30Upon a motion by Commissioner Frank B Holding, seconded by Commissioner Eleanor N Creech and carriedby unanimous vote, the Board approved rezoning CASE 456 for Ben Booker for 772 acres on SR 1010 and SR 1509in Cleveland Township from ARR -40 to R -30 subject to the requirement of Community or Public waterD CASE #57 - Phillip and Jnell Dupree -115 acres on Hwy 50 approximately 150 feet north ofintersection with SR 1517 from ARR -40 to Hwy BusinessUpon a motion by Commissioner Cecil M Massengill, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board approved Rezoning CASE 457 for Phillip and Jnell Dupree for 115 acres on Hwy50 in Pleasant Grove Township from ARR -40 to Hwy BusinessE CASE #59 - Wilbert and Hannelore Barnes -146 acres southwest of intersection of SR 1178and SR 1179 in Ingrams Township from ARR -40 to Hwy BusinessCounty Manager, Richard B Self, asked the Board to defer a decision on this case until next month to allowthe Planning Staff to clarify certain wording in the Zoning Ordinance He noted the Ordinance currently allows usedcar lots under one zoning classification only, and suggested the Board might wish to amend the Ordinance beforeapproving this petitionThe Board agreed to hold this request for one monthF CASE #60 - Phyllis H Ingram - 619 acres on SR 1526 approximately 480 feet north of SR1010 from ARR -40 to Community BusinessCommissioner Frank B Holding moved the Board approve Rezoning Case 460 for Phyllis H Ingram for 619acres on SR 1526 in Cleveland Township from ARR -40 to Community Business Special Use District, and furtherapproved a special use permit for a Day -Care Center as this conforms with the standards set forth in the JohnstonCounty Zoning OrdinanceCommissioner Commissioner Cecil M Massengill seconded the motion which carried by unanimous vote9 Public Hearing 1100 am - Community Development Block Grant - Economic DevelopmentAdvertised April 16, 1993 in The Smithfield HeraldThe Chairman opened the public hearing and invited anyone who wished to comment on the proposedCommunity Development Block Grant - Economic Development Application in the amount of 343,000 to providewater and sewer service to area businessMichael de Sherbinin explained the grant money would be used to extend water and sewer service to StevensSausage Company located southeast of Smithfield The company plans to expand their operation creating a minimumof 23 new jobs with at least 60 of the positions to be held by persons of low and moderate income They will investat least 515,000 for plant expansion, machinery and equipment, and a private pre- treatment facility County funds inthe amount of 208,000 will be used to up -size to a 12 inch water lineThere being no further comments, the Chairman closed the public hearing10 Resolution Regarding Johnston Countvs Application for Communitv Development Block Grant Fundsfor Stevens Sausage CompanyRESOLUTION REGARDING JOHNSTON COUNTYS APPLICATION FOR COMMUNITYDEVELOPMENT BLOCK GRANT FUNDS FOR STEVENS SAUSAGE COMPANYTHAT WHEREAS, the Board of Commissioners of the County of Johnston hereinafter referred to as theBoard has previously indicated its desire to assist in Economic Development efforts within the County; andWHEREAS, the Board has held two public hearings concerning the proposed application for CommunityDevelopment Block Grant funds for Stevens Sausage Company; andWHEREAS, The Board wishes the County to pursue a formal application for Community Development BlockGrant funds for Stevens Sausage Company;•NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of Johnston thatThe County of Johnston is authorized to submit a formal application to the North Carolina Department ofCommerce for approval of a Community Development Block grant application for Stevens Sausage CompanyDuly adopted this 3rd day of May, 1993, upon motion made by Commissioner Frank B Holding, seconded byCommissioner John M Booker, and adopted by the following voteAyes 7 Noes 0 Absent 0 Abstained 011 Assessment Policy - Water Sewer Extension - Stevens Sausage Company - ED -GrantUpon a motion by Commissioner Frank B Holding, seconded by Commissioner John M Booker and carriedby unanimous vote, the Board approved the following Assessment PolicyJOHNSTON COUNTYSTEVENS SAUSAGE WATERSEWER EXTENSIONECONOMIC DEVELOPMENT GRANTASSESSMENT POLICYJohnston County is required, as a condition of a Community Development Block Grant for Economic Development toextend water and sewer lines to Stevens Sausage Company, to adopt an assessment policy regarding any future usersof these public facilities in that area The assessment policy delineated herein is designed to give Johnston County amechanism to equitably provide water and sewer service to future users in the area as a result of CommunityDevelopment Block Grant Economic Development funding1 Future users connecting to the County system along the CDBG - funded lines shall be required to pay toJohnston County, an assessment fee of 500 per residential or commercial hook -up In those cases whereproperties are under development or real estate enhancement, the fee shall be 50000 per lot or acre,WHICHEVER IS GREATER This fee is in addition to normal tap fees and shall be paid in full prior toconnection to the designated lines2 The assessment fee required in Section 1 shall not be imposed on any business that is owned by low andmoderate income individuals, or any residence that is owned or occupied by low and moderate incomeindividuals3 Johnston County reserves the right to reduce the assessment fee charged to any future users based upon theeconomic impact on the Countys overall economy4 All revenue generated by this assessment policy prior to completion of the project shall be used to reduce theamount of the CDBG -ED Grant Fifty percent 50 of all revenue generated by the assessment policythereafter shall, for a period of five 5 years, be returned to the Community Development Block GrantProgram at the Commerce Finance Center for the funding of future Economic Development projects The fiftypercent 50 retained by the County shall be used to finance future Capital improvements to the Countyswater and sewer system with priority placed upon improvements to benefit persons of low and moderate incomeindividualsAdopted this the 3rd day of May, 199312 Department of Transportation Hwy 301 Widening Project - Resolution and AgreementA motion was made by Commissioner John M Booker and seconded by Commissioner Frank B Holding forthe adoption of the following Resolution with attached Agreement, and upon being put to a vote was duly adoptedRESOLUTIONWHEREAS, the North Carolina Department of Transportation has made improvements to US 301 from southof US 70 Business to north of North Street; and,WHEREAS, said improvements to US 301 will place a burden on the Johnston Countys stormwater drainagesystem in the vicinity of their Governmental Complex and Hospital properties; and,WHEREAS, the Department has agreed to participate in the cost of upgrading this system as specified in theattached agreementNOW, THEREFORE, BE IT RESOLVED that Project U -2114, Johnston County, is hereby formallyapproved by the Board of Commissioners ofthe County of Johnston and that the Chairman and Secretary ofthis Countyare hereby empowered to sign and execute the Agreement with the Department of TransportationAdopted this 3rd day of May, 1993385NORTH CAROLINAJOHNSTON COUNTYAND REIMBURSEMENT AGREEMENT - PROJECT U -2114COUNTY OF JOHNSTONTHIS AGREEMENT, made and entered into this the 3rd day of May, 1993, between the DEPARTMENTOF TRANSPORTATION, an agency of the State of North Carolina, hereinafter referred to as the Department, andthe COUNTY OF JOHNSTON, hereinafter referred to as the County;WITNESSETHWHEREAS, the Department has prepared and adopted plans to make certain street and highway constructionsand improvements within the County under Project U -2114, Johnston County, said plan consisting of improvement ofUS 301 from US 70 Business to North Street; said project having a right -of -way width as shown on the project planson file with the Departments office in Wilson, North Carolina; and,WHEREAS, the Department and the County agreed that certain drainage improvements being constructed atthe Countys Governmental Complex and Hospital properties could be altered to include drainage improvements neededfor the Departments project; and,WHEREAS, the Department has agreed to reimburse the County for the cost of said drainage work ashereinafter set forthNOW, THEREFORE, the parties hereto, each in consideration of the promises and undertakings of the otheras herein provided, do hereby covenant and agree, each with the other, as follows1 The County has agreed to allow the Department to tie an outfall stormwater pipe into a stormwaterpipe they are laying across their Governmental Complex, in lieu ofthe Department constructing a separate pipe aroundthe property Due to the Departments tie in, the County has had to increase the pipe size to accommodate the additionaldrainage The Department shall reimburse the County up to 36,000 for the actual cost of the larger pipe installed bythe County2 Due to the water run off associated with the improvements of US 301, it was determined that theexisting outfall pipe across the Countys hospital property was inadequate The Department agreed to share in 50 ofthe actual cost of the work performed by the County to upgrade the existing outfall pipe3 The Department shall participate in 50 of the cost for the County to provide engineering andinspection services for the above drainage improvements4 The County shall construct, or cause to be constructed, said work in accordance with theDepartments standard practices and specifications for highway construction The County shall enter into and shalladminister the construction contract for said work5 The Departments Division Engineer for the Fourth Division, at his discretion, may assign a residentengineer to the project who shall have the right to inspect any portion of the work being performed by the County orthe Countys contractor to ensure compliance with the provisions ofthis Agreement During construction ofthe project,if any changes in the plans are necessary, such changes must be approved by the Fourth Division Engineer prior to thework being performed6 Prior to the final acceptance and payment by the Department, the Division Engineer shall make afinal inspection of the completed work The Division Engineer will be responsible for final acceptance of the completedwork on behalf of the Department7 Subject to compliance by the County with the provisions set forth in this Agreement, the Departmentshall participate in the costs of the project for actual costs not to exceed the amounts set out in Provision 1, 2, and 3 ofthis agreement Costs which exceed these amounts shall be borne by the CountyA Upon completion of the project, the County may bill the Department for actual costs as hereinstated by submitting a final itemized invoice, in quadruplicate, to the Departments Fourth Division EngineerReimbursement to the County shall be made in one lump -sum payment upon approval of the invoice by the FourthDivision Engineer and the Departments Fiscal SectionB If the work is performed by County force account, said invoices shall show a summary of labor,labor additives, equipment, materials and other qualifying costs in conformance with the standards for allowability ofcosts set forth in Office of Management and Budget OMB Circular A -87 Reimbursement shall be based on actualcost incurred with the exception of equipment owned by the County Reimbursement for rates of equipment owned bythe County cannot exceed the Departments rates in effect for the time period in which the work is performed If thework is performed by a contractor, said invoices shall show the contract costC In accordance with North Carolina General Statute 159 -34, as amended by House Bill 1036,dated June 4, 1987, an Act to Implement the Single Audit Act in North Carolina, the county shall arrange for anindependent financial and compliance audit of its fiscal operations and grants administration in accordance with OMBCircular A -128, Audits of State and Local Governments dated April 12, 1985 and the Federal Single Audit Act of1984 The County shall furnish the Department with a copy of the independent audit reportD The County agrees that it shall bear all costs for which it is unable to substantiate actual costsE All invoices must be submitted within one 1 year of completion and acceptance of the projectby the Department8 The County shall maintain all books, documents, papers, accounting records, and such other evidenceas may be appropriate to substantiate costs incurred under this Agreement Further, the County shall make suchmaterials available at its office at all reasonable times during the contract period, and for three 3 years from the dateof final payment under this Agreement, for inspection and audit by the Departments Fiscal Section9 Failure on the part of the County to comply with any of these provisions will be grounds for theDepartment to terminate participation in the project•• I13 Community Based Alternative Funding for 1993 -94Debbie Brewington, member of the Youth Task Force, presented the Youth Task Forces followingrecommendations for 1993 -94 funding of Community Based Alternative projects for Johnston CountyA Temporary Shelter Home -Based Services Recommended Funding 59,500 Administered byJohnston County Social Services Department - Contact Person Earl Marett, Director Funding includes temporaryshelter care, counseling and referral services for youth ages 10 to 17 who have exhibited at -risk behaviorB Johnston County Juvenile Restitution Program Recommended Funding 29,000 Administeredby Johnston County Sheriffs Department - Contact Person Sheriff Freddy W Narron Program will provide asentencing alternative which will instruct youth in a job life skills course to help them build self esteem, improvecommunication skills and prepare for job search requirements In addition, the program will help locate community jobsites for juveniles who are court ordered to perform community service or restitutionC Project Outreach - Recommended Funding 11,824 - Administered by Clayton Concerned Citizens,Inc - Contact Person Leigh S Hudson The program will work with individual juveniles and groups of juveniles tohelp them learn to solve or better cope with their problems Individual needs -based service plan will be developed foreach youthD Johnston County Boys Club, Inc Recommended Funding 11,824 - Contact Person - RobertWatson The program is to provide guided services to youth identified as having chronic behavioral problems or at highrisk of becoming involved in the Judiciary process Provides recreational and social activities and offers these boyspositive role - modelsCommissioner Eleanor N Creech, who also serves on the Youth Task Force, recommended the Board approvethese program requests She stated the Youth Task Force reviewed each application, and after careful consideration,feels these programs best represent the needs of Johnston County YouthUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner Jerry F Wood and carriedby unanimous vote, the Board approved the following programs for 1993 -94 Community Based Alternative FundingTemporary ShelterHome -Based Services DSS 59,500JC Restitution Program Sheriffs Dept 29,000Project Outreach 11,824Johnston County Boys Club 11,82414 Interlocal Agreement with West Smithfield Sanitary District for Clean Water Revolving Loan FundReimbursementCounty Manager, Richard B Self, informed the Board the State Clean Water Revolving loan for the WasteWater Treatment Complex included funds for several municipalities and the West Smithfield Sanitary District toaddress infiltration These funds will be paid the County who in turn will forward them to the State The WestSmithfield Sanitary District has approved an interlocal agreement with the County for reimbursement of the Districtsportion of the fundsUpon a motion by Commissioner John M Booker, seconded by Commissioner Frank B Holding and carriedby unanimous vote, the Board approved the following interlocal agreement between Johnston County and the WestSmithfield Sanitary District for Clean Water Revolving Loan Fund ReimbursementInterlocal Agreement Between Johnston County and the West Smithfield Sanitary Districtfor Clean Water Revolving Loan Fund ReimbursementThis INTERLOCAL AGREEMENT is made this 3rd day of May, 1993 between units of governmentconsisting of Johnston County and the West Smithfield Sanitary DistrictWITNESSETHTHEREFORE, in consideration of the mutual covenants and agreements contained herein, Johnston Countyand the West Smithfield Sanitary District hereby enter into an interlocal agreement for the financing of certainwastewater facilities improvements as hereinafter definedWHEREAS, Johnston County has qualified for an EPA Clean Water Revolving Loan for improvements tothe Central Johnston County Regional Wastewater Treatment Plant, andWHEREAS, the 201 wastewater facilities plan amendment which qualified the County for the loan providesfor rehabilitation ofthe West Smithfield Sanitary District wastewater collection system for removal of extraneous waterknown as inflow, andWHEREAS, one of the conditions of the Clean Water Loan agreement is for the Sanitary Districtsrehabilitation project to be completed on or before construction is complete on the wastewater treatment plant andWHEREAS, included in the loan funds is the amount of 62,000 for the West Smithfield Sanitary Districtrehabilitation project387NOW THEREFORE, Johnston County and the West Smithfield Sanitary District agree as follows1 The West Smithfield Sanitary District will complete the design and construction of its wastewatercollection system rehabilitation project and will obtain approval of the Department of Environment,Health, and Natural Resources, Division of Environmental Management and other regulatoryagencies2 The County will request reimbursement under the Clean Water Revolving Loan program as costreimbursement requests are submitted to the County from the, Sanitary District and the County will,upon receipt of funds under the Clean Water Revolving Loan program, issue to the Sanitary Districtreimbursement payments3 Upon completion of the Countys project and closeout of the loan, the West Smithfield SanitaryDistrict agrees to reimburse Johnston County for principal and interest payments for the CleanWater Revolving Loan funds the Sanitary District has used in completing its wastewater collectionsystem rehabilitation project Payments shall be on the same term and interest rate as the Countyspayments to the State4 The West Smithfield Sanitary District agrees to comply with all state and federal regulations whichare imposed on the County under the Clean Water Revolving Loan program15 Cleveland Fire Department Tax Exempt LoanUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Frank B Holding and carried byunanimous vote, the Board adopted the following resolutionAPPROVAL OF TAX - EXEMPT LOAN TO VOLUNTEER FIRE DEPARTMENTNOW, THEREFORE, BE IT HEREBY RESOLVED, that the Board of Commissioners of JohnstonCounty, North Carolina, does hereby approve a tax - exempt loan to the Cleveland Fire Department, Inc, a VolunteerFire Department, from Raleigh Federal Savings Bank in the principal amount of 70,00000, which loan is for thefollowing purposeThe purchase by the VFD of a fire truck which fire truck will be owned and operated by the VFD, and will bemaintained at the following address3402 Cleveland RoadClayton, NC 27520Duly certified by the execution hereof and the placement hereon of the seal of said county, this the 3rd day ofMay, 199316 Policy on Changing Road NamesThe Board discussed the need to establish a policy on hearing future requests for road name changesFollowing discussion, Commissioner John M Booker moved the Board establish the following policy onrequests for road name changes1 Johnston County will consider requests for road name changes once a year2 Petitions requesting changes in road names must be presented to the Johnston County Planning Officeno later than June 1 to be presented at the Planning Boards regular June meeting3 The Board of Commissioners will hold a public hearing, and consider requests at their regular meetingeach July4 If approved, petitioners will bear the sole responsibility of paying for the replacement blades at a costof 35 per intersection5 Payment for blades must be made prior to the new blades being ordered and must be made within 60days from the date of Board approval in order for the name change to be effective6 Replacement cost may be revised as necessary by the Board of CommissionersCommissioner Frank B Holding seconded the motion which carried by unanimous vote17 Public Hearing Set Road Name ChangesIn accordance with the preceding policy on road name changes, Commissioner Eleanor N Creech moved theBoard hold a public hearing on Tuesday, July 6,1993 at 1100 am for the purpose of hearing citizens requests for roadname changesCommissioner Frank B Holding seconded the motion which carried by unanimous vote18 Proclamations and ResolutionsA Mental Health Month and Older Americans MonthUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Eleanor N Creech and carriedby unanimous vote, the Board proclaimed the following• •ProclamationMental Health Month, 1993WHEREAS more than 40 million Americans of all ages suffer from a mental illness such as depression,schizophrenia, anxiety disorder, serious emotional disturbance, Alzheimers disease, and others;WHEREAS together, these different disorders make mental illness the most prevalent health problem in Americatoday, more common than cancer, lung, and heart disease combined;WHEREAS two out of every three people who overcome the fear, prejudice and misunderstanding so oftenassociated with mental illness to seek professional help, get better;WHEREAS early recognition and treatment of these problems vastly increases the likelihood of restored health;WHEREAS family, friends and co- workers play a key role in recognizing the early warning signs of a mental illness;WHEREAS Mental Health Associations and other human service agencies and community support organizationshave devoted a special period of the year to increase public awareness and understanding of mentalhealth and mental illnesses since 1949;WHEREAS 1993 marks the 40th anniversary of the creation of the Mental Health Bell which was cast from 300pounds of chains and shackles that once restrained people in mental institutions and now serves as asymbol of home that the insidious chains of stigma and discrimination that bind people with mentalillnesses will be eliminated; let it be herebyRESOLVED by the Johnston County Board of Commissions that the Mental Health Association in JohnstonCounty, along with community Mental Health Associations around the country, join forces with theleaders of our community to dispel the myths and falsehoods commonly associated with mental illness,increase recognition of the early warning signs, and create an environment where care can be soughtand obtained without fear or shameAdopted this 3rd day of May, 1993ProclamationOlder Americans MonthMay, 1993WHEREAS President John F Kennedy established May as Older Americans Month in 1963; andWHEREAS Governor of the State of North Carolina, James B Hunt has proclaimed May, 1993 OlderAmericans Month in North Carolina with the theme Celebrating Older Americans Month TheMany Faces of Aging, andWHEREAS the wisdom and guidance of many Johnston County Older Adults have contributed to theprosperity and the strong character of our community;THEREFORE be it resolved that the Johnston County Board of Commissioners hereby designates May, 1993 asOlder Americans Month, in recognition of the rich contributions that older adults continue togive to the Johnston County communityAdopted the 3rd day of May, 1993B Resolution - County Water PlantUpon a motion by Commissioner Frank B Holding, seconded by Commissioner Cecil M Massengill andcarried by unanimous vote, the Board adopted the following resolutionRESOLUTIONWHEREAS Johnston County Board of Commissioners have been exploring the feasibility of building a CountyWater Plant; andWHEREAS The Engineers have almost completed the Environmental Assessment needed to proceed with the designand construction of a 12 million gallon per day withdrawal permit; 4 million gallons per day facility tobe a first phase; andWHEREAS The County needs each municipality to officially state their interest and intent to utilize the plant on aregular basis•NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of Johnston County thatFederal and State Grants and low interest Federal loans will be the source of funding for this project,Each town in Johnston County is requested to adopt a Resolution of intent and support for this projectThat the Towns are assured that the County does intend to construct the facility to meet the long termwater needs of the citizens of Johnston CountyAdopted this 3rd day of May, 199319 Budget Amendments ApprovedUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Frank B Holding and carried byunanimous vote, the Board approved the following budget amendmentsA Inspections Department - Inspections for 20 fire departments and 5 rescue buildingsExpenditure Increase10 53505700 Miscellaneous 1,15000Expenditure Decrease10 66505700 Contingency 1,15000B Health DepartmentExpenditure Increase - Maternal Health10 5925 -4600 Medical Supplies52500Revenue Increase - Maternal Health10 3519 -823 DEH NR MCH Nutrition Funding52500Expenditure Increase - Family Planning Norplant Program10 5960 -4620 Norplant Devices5,50000Revenue Increase - Family Planning10 3519 -831 DEH NR Family Planning5,50000Expenditure Increase - Family Planning10 5960 -4620 Norplant Devices12,04000Revenue Increase - Family Planning10- 3519 -831 DEH NR Family Planning12,04000Expenditure Increase - Maternal Health10 -5925 -1410 Employee Training20000Revenue Increase - Maternal Health10 3519 -823 DEH NR Div of Mat Child Health20000C Non Departmental - Tobacco allotment sold on property purchased for container recycling sitein Bentonville TownshipExpenditure Increase -10 66005700 Miscellaneous 2,42550Revenue Increase10 38358100 Miscellaneous Income 2,4255020 Fireworks DisplayUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner Cecil M Massengill andcarried by unanimous vote, the Board approved the following requests for fireworks displays subject to the NC GeneralStatutes 14- 410 -14 -415 and Chapter 20 of the Standard Fire Prevention Code, and contingent upon the petitionersobtaining the necessary permits from the Johnston County Inspections DepartmentTown of Pine Level for July 3, 1993 rain date July 5, 1993 at Sam Godwin Recreation ParkArcher Lodge Community Center for July 3, 1993 rain date July 5, 1993 at Archer Lodge Rec Park21 AppointmentsA 50 -210 Fire Protection District CommissionUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Cecil M Massengill and carriedby unanimous vote, the Board reappointed Earl Ray Honeycutt, TO Noles, and Jim Parrish to the 50 -210 FireProtection District Commission for two year terms to expire May, 1995390B Fire Commissions - Advertised in Month of AprilUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner Cecil M Massengill andcarried by unanimous vote, the Board made the following appointments to fire commissionsThanksgiving Fire Commission - Reappointment of Gary Price for two year term to expire April, 1995Shoeheel Fire Commission - Reappointment of James Linwood Hodge and appointment of Larry WayneMedlin for two year terms to expire April, 1995Selma Fire Commission - Reappointment of Thomas E Penny and appointment of Ernest S Ward for twoyear terms to expire April, 1995C Nursing Home Domiciliary Home Advisory CommitteeUpon a motion by Commissioner James W Cash, seconded by Commissioner Jerry F Wood and carried byunanimous vote, the Board appointed Gary W Fisher to the Johnston County Nursing Home Domiciliary HomeAdvisory Committee for a three year term to expire May, 1996D Town of SmithfieldAs recommended by the Smithfield Town Council, Commissioner Jerry F Wood moved the Board appointDennis Wallace as ETJ member of the Smithfield Planning Board for a three year termCommissioner John M Booker seconded the motion which carried by unanimous vote22 Recreation Grant ApprovedUpon a motion by Commissioner Frank B Holding, seconded by Commissioner Jerry F Wood and carried byunanimous vote, the Board approved a 2,000 recreation grant for the Town of Pine Level and the following budgetamendment Included in the motion was the decision that no additional recreation grants would be considered for the1992 -93 fiscal yearBudget AmendmentExpenditure Decrease10 66505700 Contingency Fund 2,00000Expenditure Increase10 66506220 2,0000023 Recommendation of Candidates for Aging Advisory CouncilUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Cecil M Massengill and carriedby unanimous vote, the Board recommended the following candidates for appointment to the Aging Advisory Councilto the Triangle J Area Agency on Aging P O Wood, Jr Benson, Sally Johnson Benson, and Mary SandersSmithfield24 Resolution Opposing House Bill 263Upon a motion by Commissioner Cecil M Massengill, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board adopted the following resolutionRESOLUTION OPPOSING SECTIONS OF HOUSE BILL 263WHEREAS the North Carolina Forestry Service provides a tremendous service in Johnston County, and House Bill263 would place an undue burden on the employees of the North Carolina Forestry Service; andWHEREAS Johnston County purchases vehicles for the Forestry Service at a 4060 funding rate; andWHEREAS operational and depreciation costs are running 26 cents per mile; and this Bill would move vehicles tothe State Motor Pool increasing operational and depreciation costs to 32 cents; andWHEREAS the County of Johnston would be asked to pay this additional expenseTHEREFORE, BE IT RESOLVED THAT THE JOHNSTON COUNTY BOARD OF COMMISSIONERSOPPOSES THE LANGUAGE IN HOUSE BILL 263 WHICH WOULD SHIFT THE NORTH CAROLINAFORESTRY SERVICE VEHICLES TO THE STATE MOTOR POOLAdopted this 3rd day of May, 199339125 Resolution Concerning Unfunded MandatesUpon a motion by Commissioner John M Booker, seconded by Commissioner Frank B Holding and carriedby unanimous vote, the Board adopted the following resolutionRESOLUTION REQUESTING CONSTITUTIONAL AMENDMENTS TOPROHIBIT FEDERALLY MANDATED LOCAL PROGRAMSWHEREAS, Congress has increased local taxes by mandating programs without providing funding for suchmandated programs, and thus has avoided political responsibility for said tax increases; andWHEREAS, state and local governments have been required to respond to federal funding cuts by eitherincreasing taxes or reducing services to citizens; andWHEREAS, mandated programs now account for approximately 50 plus percent of local tax expenditures;andWHEREAS, funding of mandated programs through local tax dollars limits the ability of the County toprovide needed services, infrastructure and capital needs; andWHEREAS, the Johnston County Board of Commissioners believes that it is in the best interests ofthe citizensof Johnston County to prohibit legislation which mandates local services without providing adequate funding for saidservicesNOW, THEREFORE, BE IT RESOLVED by the Johnston County Board of Commissioners thatthe Boardrequests of the North Carolina General Assembly and the United States Congress that Constitutional Conventions beconvened specifically for the purpose of considering constitutional amendments to prohibit federal legislation thatmandates local funding of programs or services without providing funding for said programs and servicesBE IT FURTHER RESOLVED that this Resolution be forwarded to Johnston Countys representatives inthe North Carolina General Assembly, to the North Carolina Congressional Delegation, and to the offices of theNational Association of Counties and the North Carolina Association of County CommissionersAdopted this 3rd day of May, 199326 Home Investment Partnerships Program Application HAPP Funds CommittedCounty Manager, Richard B Self, informed the Board that Lula Sanders, Administrator of the Countys RedHill CDBG project has requested authorization for the Community Development program to apply for a Single FamilyHomeowner Rehabilitation grant in the amount of 298,401 through the NC Home Investment Partnerships ProgramShe further asked the Board to authorize the Johnston County HAPP to expend 21,000 of administrative reserve fundsto be used as local match for the projectUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Cecil M Massengill and carriedby unanimous vote, the Board authorized the Community Development program to apply for a 298,401 grant underthe HOME Investment Partnerships Program, and further authorized the use of 21,000 in HAPP reserve funds for theproject27 Landfill Regulations Request to Extend Deadline for ComplianceThe County Manager informed the Board that a Bill has been introduced in the US House of Representativesthat would extend the deadline for two years, until October, 1995, for compliance with EPAs Subtitle D regulationson landfill design, construction, and operationUpon a motion by Commissioner John M Booker, seconded by Commissioner Eleanor N Creech and carriedby unanimous vote, the Board instructed the County Manager to write letters to area Congressmen supportingRepresentative Glenn Englishs bill HR 767 to extend the deadline for compliance with EPA Subtitle D regulationson landfills28 BOARD OF EQUALIZATION AND REVIEW - 200 pmUpon a motion by Commissioner John M Booker, seconded by Commissioner Eleanor N Creech and carriedby unanimous vote, the Board recessed regular session and resumed recessed session of the Equalization and ReviewBoardTax Administrator, John Stott, introduced the following appeal cases to be heard by the Board of Equalizationand reviewA Khandubhai C Patel - Parcel 4 15L11199 Howard Johnson Motor Lodge, Smithfield Township;Current Value 999,530, Request reduction in Value392Mr Khandubhai Patel asked the Board to reduce the value on this property based on the following facts 1reduction of income due to economy and isolation of establishment since Hwy70 traffic has been rerouted to a bypass;2 Obscurity of establishment due to physical location; and 3 number of new similar establishments in the CountyCommissioner John M Booker moved the Board recess the Board of Equalization and Review and resumeregular session until persons representing the next E R case arriveCommissioner Eleanor N Creech seconded the motion which carried by unanimous voteREGULAR SESSION RESUMED29 Sewer Service at I -4042Bob Hollister, developer in the I -4042 area, requested the Boards assistance in working out an agreementconcerning sewer service to his property30 BOARD OF EQUALIZATION AND REVIEW RESUMEDUpon a motion by Commissioner John M Booker, seconded by Commissioner Jerry F Wood and carried byunanimous vote, the Board recessed regular session and resumed session as the Board of Equalization and ReviewB Bryon Pearce Representing the following propertiesKenly Village Apartments Parcel 403001004 -A, Beulah Township; Current Value 700,840Crestfield Apartments Parcel 01025012 -A, Banner Township; Current Value 1,151,880Parkview Apartments Parcel 401005002A, Banner Township; Current Value 952,950Mr Pearce asked the Board to consider reducing the value of these properties based on the fact that they arelow -cost housing for the elderly and are subsidized by the Federal Government He asked that the values be based onthe subsidy formula used to establish market rent Mr Pearce also questioned whether the apartments actually haveas much square footage as is indicated on the tax recordsThe Board instructed Mr Stott to check the footage and make adjustments if necessaryREGULAR SESSION RESUMEDUpon a motion by Commissioner John M Booker, seconded by Commissioner Eleanor N Creech and carriedby unanimous vote, the Board recessed as Board of Equalization and Review and resumed regular session31 Public Hearing 230 pm - Amendment to Zoning OrdinanceAdvertised April 23, 27, 1993 - The Smithfield HeraldThe Chairman opened the public hearing and offered an opportunity for anyone who wished to addressed theBoard on a proposed amendment to Article 102 - Planning Board and Article 103 - Board of Adjustment of theJohnston County Zoning OrdinanceCounty Manager, Richard B Self, explained the proposed amendment would remove the stipulation thatmembers of the Planning Board and Board of Adjustment serve no more than two consecutive termsThere being no further comments, the Chairman closed the public hearing32 Amendment to Zoning Ordinance ApprovedUpon a motion by Commissioner Cecil M Massengill, seconded by Commissioner James W Cash and carriedby unanimous vote, the Board approved the following amendment to Article 10 of the Johnston County ZoningOrdinanceArticle 102 Planning Board1021 - FIRST SENTENCE -DELETE for a second full termFOURTH PARAGRAPH -DELETE A member may be appointed for a second successive term, but after two 2 consecutiveterms a member shall be ineligible for reappointment until one calendar year has elapsed from the date of completionof the second term ADD Eligibility for reappointment will follow the Board of County Commissioners establishedPolicies and Procedures for Appointments to County Boards, Commissions, Committees or Authorities393Article 103 Board of Adjustment103A - FIFTH PARAGRAPHDELETE A member may be appointed for a second successive term, but after two 2 consecutiveterms a member shall be ineligible for reappointment until one calendar year has elapsed from the date of completionof the second term ADD Eligibility for reappointment will follow the Board of County Commissioners establishedPolicies and Procedures for Appointments to County Boards, Commissions, Committees or Authorities33 Planning Board Appointments AnnrovedUpon a motion by Commissioner Cecil M Massengill, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board reappointed Sidney Sauls and Hampton Whittington to the Johnston CountyPlanning Board for three year terms to expire May, 199634 Sewer Service - I -4042 AssociatesLinwood Jones with the I -4042 Associates spoke to the Board concerning sewer service in the Old Drug Storearea Mr Jones stated he and his associates invested 950,000 to extend sewer service to the industrial site of MebanePackaging Company Based on an agreement with the County, Town of Clayton, and Mebane Packaging Company,the I -4042 Associates were given control of the access to the sewer line until they recoup their investment or create anindustrial tax base in the amount of 25,000,000 In addition to the 950,000 sewer extension, Mr Jones stated hiscompany donated property valued at approximately 250,000 to entice Mebane Packaging to the area; a totalinvestment for I -4042 Associates of approximately 12 million In an effort to recoup their interest, Mr Jones statedhe and his partners are willing to sell partnerships in their investment to individual property owners on an equal sharepartnership basis He pointed out the more partners in the arrangement the less expensive the shares, and the moreindustry coming into the area, the sooner all investors get their money backThe Commissioners thanked Mr Jones for stating this proposalThere being no further business, Commissioner Eleanor N Creech moved the Board recess until 800 amMonday, May 17, 1993Commissioner John M Booker seconded the motion which carried by unanimous voteNorman C Denning, ChairmanJoyce K Ennis, ClerkDetailsAnnotationsEntry PropertiesModified11192013 24628 PMCreated572003 100407 AMTemplateMinutesFieldsMinutes - TypeRegularMinutes - Date531993Book19