January 4, 1993 - 10:00 AM - County Board of Commissioners Meeting Minutes

January 4, 1993The Johnston County Board of Commissioners met in regular session Monday, January 4 ,1993, at 10 oclock amin the Commissioners Room, Johnston County Courthouse Annex, Smithfield, North Carolina, with the followingmembers presentNorman C Denning, Chairman, Frank B Holding, Vice Chairman, James W Cash, John M Booker, DVM, JerryF 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, CountyAttorneyMembers of the Johnston County Board of Education present for a Joint Public Hearing E Wayne Stewart,Glenda Hales, Kay Carroll, Denton Lee, Gordon Woodruff Also present were Dr Thomas Houlihan, Superintendentof Schools, Tom L Davis, Jr, with the School Administration, and Linda B Wood, Clerk to the School 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 December 7,1992 board meetings There beingno corrections, the Chairman declared the minutes approved as presented2 Public Hearing Joint Meeting with Board of Education - Cleveland School Financing - 1000 amAdvertised December 15, 1992 The Smithfield HeraldChairman of the Johnston County Board of Commissioners, Norman C Denning, and Chairman of the JohnstonCounty School Board, Gordan Woodruff called the meeting to orderChairman Denning stated the purpose of the Public Hearing was to hear public comments on the nature andfinancing of a new Cleveland School facilityGordon Woodruff Chairman of the Johnston County Board of Education, thanked the Commissioners forarranging financing for the new school at Cleveland He stated his Board fully supports the proposed bond financingChairman Denning responded the Commissioners are glad to be able to help with this much needed facilityDr Houlihan, Superintendent of Schools, gave a brief progress report on other capital projects being consideredby the Board of EducationTheir being no further comments, Chairman Denning and Chairman Woodruff declared the meeting closed3 Resolution for Financing Cleveland School - Board of CommissionersRichard B Self, County Manager, read the following resolution which was adopted by the Board ofCommissionersRESOLUTION IN FURTHERANCE OF FINANCING NEW CLEVELAND SCHOOL FACILITYWHEREAS Pursuant to Chapter 865 ofthe 1992 Session Laws, amending Chapter 885 ofthe 1989 Session Lawsthe Special Act, Johnston County the County is authorized to acquire real or personal property for use by the SchoolBoard upon a request of the School Board and after a public hearing; andWHEREAS The School Board has requested the Board to acquire and construct a new Cleveland School Facilitythe Project in the County and confirmed that request after a public hearing;NOW, THEREFORE, the Board of Commissioners of Johnston County, meeting in regular session at Smithfield,North Carolina, on January 4, 1993, do the followingBE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF JOHNSTON COUNTY1 The County Manager is hereby authorized and directed to continue with planning for the acquisitionand construction of the new Cleveland School facility under the Special Act and the financing therof through aninstallment sale financing under NCGS Section 160A -20, in a principal amount of approximately 5,000,000,including filing an application with respect thereto with the North Carolina Local Government Commission2 This resolution shall take effect immediatelyCommissioner James W Cash moved the passage of the foregoing resolution and Commissioner Jerry F Woodseconded the motion, and the resolution was passed by the following vote337Ayes Commissioners Norman C Denning, Frank B Holding, James W Cash, Dr John M Booker, Dr JerryF Wood, Eleanor N Creech, and Cecil M MassengillNays NoneNot Voting NoneResolution for Financing Cleveland School - Board of EducationThe County Manager read the following resolution which was adopted by the Board of EducationRESOLUTION IN FURTHERANCE OF FINANCING NEW CLEVELAND SCHOOL FACILITYWHEREAS Pursuantto Chapter 865 ofthe 1992 Session Laws, amending Chapter 885 ofthe 1989 Session Lawsthe Special Act, Johnston County the County is authorized to acquire real or personal property for use by the SchoolBoard upon a request of the School Board and after a public hearing; andWHEREAS The School Board has requested the Board to acquire and construct a new Cleveland School facilitythe Project in the County; andWHEREAS A joint public hearing on this matter has been held;NOW, THEREFORE the Johnston County School Board, meeting in special session at Smithfield, NorthCarolina, on January 4, 2993, do the followingBE IT RESOLVED BY THE JOHNSTON COUNTY SCHOOL BOARD1 The Johnston County School Board hereby confirms its request for the Board to undertake theacquisition, construction and financing of a new Cleveland School facility2 This resolution shall take effect immediatelyMember Denton Lee moved the passage of the foregoing resolution and Member Kay Carroll seconded the motion,and the resolution was passed by the following voteAyes Members Denton Lee, Glenda Hales, Kay Carroll, E Wayne StewartNays NoneNot Voting None4 Board of Education Offers Surplus Property to the CountyIn accordance with GS 115C-518, the Johnston County Board of Education has offered the County property whichwas recently declared surplus by their board The tract, approximately 25 acres, is located north of the Rescue Squadbuilding between Morris Avenue and West Hill Street in BensonCounty Accepts Property from Board of EducationUpon a motion by Commissioner Frank B Holding, seconded by Commissioner Eleanor N Creech and carried byunanimous vote, the Commissioners accepted the property located in Benson between Morris Avenue and West HillStreet, from the Board of Education in accordance with GS 115C -518County Donates Property to Town of BensonUpon a motion by Commissioner Frank B Holding, seconded by Commissioner Cecil M Massengill and carriedby unanimous vote, the Board donated the Benson Property located between Morris Avenue and West Hill Street tothe Town of Benson to be used as a recreation facilityBenson Mayor, Charles Matthews, and Town Administrator, Keith Langdon, were present and thanked the Boardfor the property Mayor Matthews stated the Town will need to place rest rooms and handicapped facilities on the siteat a cost of approximately 16,000, and asked the Commissioners for assistance He asked if any grant money wasavailableCounty Manager, Richard B Self, stated he knew of no grant money available at this time; however, he offeredto assist Mr Langdon in any way possibleSchool Board Chairman Gordon Woodruff called for a motion by his board to meet in executive session ona matter of personnel Following the motion, School Board members moved to the adjoining conference room5 Department of Transportation Addition to SystemThe Board reviewed a petition presented by the North Carolina Department of Transportation requesting thefollowing road be added to the State Secondary System for maintenanceFox Lane Ext of SR 1554, Woodland Trails Subdivision, Clayton TownshipFollowing review, Commissioner James W Cash moved that NC Department of Transportation be requested toadd Fox Lane to the State Maintained System338Commissioner Eleanor N Creech seconded the motion which carried by unanimous voteDOT Maintenance Engineer, Ross Halley, briefly discussed the new paving priority list which will be availablewithin the next few months He stated only the top ten roads scheduled for paving will automatically retain their priorityAll other unpaved roads have been re- evaluated and may or may not change in their priority rating6 Report on Hog Lagoons Hog HousesIn response to complaints at the December board meeting from citizens in the Meadow Community, CountyManager, Richard B Self, informed the Board he met with Dr LS Woodall, Health Director, Bill Harrrell, SoilConservationist, Ken Bateman, Agriculture Extension Director, Walter Cherry, NC Pork Producers Association, PeteThompson, Chief Building Inspector, and Jeff Coutu, County Planning Zoning Director, to discuss any optionsavailable to the Johnston County Commissioners concerning regulating hog lagoons, hog houses, and other intensivelivestock operationsHe reported that after a thorough review of the various laws,and state rules and regulations governing hogoperations, the group found that the County Commissioners do not have any legal remedies available to them Heexplained that any County ordinance could not be enforced because hog operations are governed by the states right -to-farm law He also noted that all farms, including hog operations, which have been in operation for more than one year,are exempt for Nuisance Ordinances and suitsOne positive aspect of the situation, Mr Self noted, was that changes in state regulations require animal wastesystems to begin coming under the control of the Department of Environmental Management effective by the end of1993 This will ensure that regulations will be in place to prevent adverse affects on ground waterChairman Denning asked if anyone in the audience wished to address this issue Several citizens from the MeadowCommunity were present but made no comments7 Rezoning Case #41 - Sue WarrickUpon a motion by Commissioner John M Booker, seconded by Commissioner Frank B Holding and carried byunanimous vote, the Board voted to again postpone a decision on rezoning case 441 until the next board meeting8 Public Hearing Scheduled Amendments to Johnston County Zoning OrdinanceThe Board discussed the following two proposed amendments to the Johnston County Zoning Ordinance1 Replace Section 46 - R -20 Single Family Residential district with an R -30 30,000 sqft residentialdistrict The same permitted uses would be permitted on publicwater or a community water systemwith a 30,000 sq ft lot size Mobile homes would not be permitted in R -302 Add footnote to Table IV - Area, yard, and height requirements to read as followsa When the property line lies within an easement not associated with the lot Le power line, sewage,road right -of -way etc the setback shall be measured from the easement boundaryb When the property line lies within an easement associated with the lot ie drainage, walkway,utility the setback shall be measured from the property lineCommissioner Frank B Holding asked Jeff Coutu, County Planning Director, to explain the basis of the 2ndproposed amendment Mr Coutu stated the amendment was initiated because of discussions with CP L who havestressed that they do not want anything in their easements Commissioner Holding asked Mr Coutu to discuss thismatter with Attorney Andy Holland, and suggested representatives from the power companies be asked to attend thepublic hearingFollowing further discussion, Commissioner Frank B Holding moved the Board set a public hearing for 1100 am,Monday, February 1, 1993, to hear public comments on the proposed amendments to the Johnston County ZoningOrdinance9 Resolution Hopewell Pisgah Water DistrictThe County Manager introduced the following resolution which was adopted by the BoardRESOLUTION PROVIDING FOR PUBLICATION OF NOTICE OF INTENT TO FILE APPLICATIONWITH RESPECT TO UP TO 2,000,000 GENERAL OBLIGATION BONDS WITH LOCALGOVERNMENT COMMISSIONWHEREAS, The Board of Commissioners of Johnston County acting as the governing body the Board of theHopewell Pisgah Water District of Johnston County the District has decided to pursue the issuance of generalobligation bonds in the maximum aggregate principal amount of 2,000,000 the Bonds under the Local GovernmentBond Act the Act to finance, in part, the acquisition, construction and equipping of a water system in the District; andWHEREAS, Under the Act the issuance of such bonds must be approved by the Local Government Commissionand pursuant to GS § 159 -50 of the Act, a notice of the intention to file an application with the Local GovernmentCommission must be published prior to filing of the application; and339WHEREAS, the Board intends to make certain capital expenditures relating to the acquisition, construction andequipping of the water system prior to the issuance of the Bonds, and to reimburse the District for such expendituresout of the proceeds of the Bonds;NOW, THEREFORE, the Board of Commissioners of Johnston County, acting as the governing body of theHopewell Pisgah Water District of Johnston County, meeting in regular session at Smithfield, North Carolina, onJanuary 4, 1993, do the followingBE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF JOHNSTON COUNTY ACTING ASTHE GOVERNING BODY OF THE HOPEWELL PISGAH WATER DISTRICT OF JOHNSTONCOUNTY1 The Clerk to the Board shall cause a notice, in substantially the form set forth below, to be publishedin The Smithfield HeraldNOTICE OF INTENTION TO FILE AN APPLICATION WITH THE LOCAL GOVERNMENTCOMMISSION CONCERNING HOPEWELL PISGAH WATER DISTRICT OF JOHNSTON COUNTY2,000,000 GENERAL OBLIGATION BONDSNotice is hereby given that the Board of Commissioners of Johnston County, North Carolina the Board, actingas the governing body of the Hopewell Pisgah Water District of Johnston County the District, intends to file anapplication with the Local Government Commission the LGC for approval of a bond issue pursuant to the LocalGovernment Bond Act G S § 159 -43 et seq It is proposed that the bonds be general obligations of the District inthe maximum principal amount of 2,000,000 and be issued to finance, in part, the acquisition, construction andequipping of a water system in the District Any citizen or taxpayer of the District may, within seven days after the dateof publication of this notice, file with the Board and the LGC a statement of any objections he or she may have to thebond issue at the following addressesJohnston County Board of CommissionersJohnston County CourthouseP O Box 1049Smithfield, NC 27577andMr Robert M HighLocal Government Commission325 N Salisbury StreetRaleigh, NC 27611JOHNSTON COUNTY BOARD OF COMMISSIONERSBY Joyce H Ennis, Clerk2 The Board hereby declares that it reasonably expects to make certain capital expenditures for theacquisition, construction and equipping of a water system, and to reimburse such expenditures out of the proceedsof the Bonds, up to a maximum amount of 2,000,000 This resolution is intended to be a declaration of officialintent under Treas Reg § 1103- 18f13 This resolution shall take effect immediatelyCommissioner Frank B Holding moved the passage of the foregoing resolution and Commissioner Jerry F Woodseconded the motion, and the resolution was passed by the following voteAyes Commissioners Denning, Holding, Cash, Booker, Wood, Creech, and MassengillNays NoneNot Voting None10 Report - County Water SvstemCommissioner John M Booker reported he and Commissioner Frank B Holding met informally with SmithfieldsManager and a representative ofthe Town Council concerning the Countys interest in water production and the possiblepurchase of the existing water plant He stated he and Commissioner Holding recommend to the Board that they beauthorized to appear before the full Smithfield Town Council concerning the Countys interest in purchasing the waterplantUpon a motion by Commissioner Cecil M Massengill, seconded by Commissioner Jerry F Wood and carried byunanimous vote, the Board authorized Commissioners John M Booker and Frank B Holding to meet with theSmithfield Town Council to make a formal request to purchase the Smithfield Water PlantCommissioner Frank B Holding asked County Manager, Richard B Self, to make the necessary arrangementsfor them to meet with the Smithfield Town Council34011 Bloodborne Pathogens PolicyCounty Manager, Richard B Self, informed the Board that OSHA Occupational Safety and Health Act requirescounty governments to have a bloodborne pathogens policy and standard operating procedures for all employees whohave potential occupational exposure to bloodborne pathogensHe noted agencies which come in contact with bodyfluids already have detailed procedures to protect their employees; however, a general policy is still neededUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Eleanor N Creech and carried byunanimous vote, the Board adopted a general policy and standard operating procedures for employees relating to theexposure to bloodborne pathogensNOTE General Policy entitled OSHA REQUIREMENTS FOR BLOODBORNE PATHOGENS is onfile in the Office of the Clerk to the Board12 Ambulance Franchise RequestsDewayne West, Emergency Management Director, informed the Board the EMS Advisory Board has reviewed thefollowing requests for ambulance franchise changes and recommend they be granteda 5 0-2 10 Rescue Squad requested to move from Basic EMT level to the EMT - Defibrillator levelb Mid -South Ambulance Service requested to move from the intermediate level to the AdvancedIntermediate LevelC Micro Fire Department request to begin a First Responder UnitIt was noted any change in franchise must be passed by the Board at two regular board meetingsFirst VoteUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner Cecil M Massengill and carriedby unanimous vote, the Board approved the requested ambulance franchise changes for 5 02 10 Rescue Squad and Mid -South Ambulance Service, and the addition for Micro Fire Department as stated above13 Public Hearing ScheduledCounty Manager, Richard B Self, informed the Board Quintex Cable of Hickory, North Carolina, dba CarolinaCablevision has filed a request for franchise in Johnston CountyUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner Frank B Holding and carried byunanimous vote, the Board scheduled a public hearing for 200 pm, February 1, 1992, to hear public comments ona franchise request from Carolina Cablevision to serve areas of Johnston CountySchool Board adiournsSchool Board member Kay Carroll moved the Board of Education adjourn both executive session and regularsession Member Denton Lee seconded the motion and Chairman Gordon Woodruff declared the School Boardadjourned14 Award of Bids Water and Sewer to Serve Skill Training Center and Cleveland AreaThe Board reviewed the following bids received and opened December 21, 1992 for water and sewer improvementsto serve the proposed skills training center and the Cleveland Community areaBlue Construction Company, Sanford, NC - Bid SecuritySewer Improvements 276,28400Water Improvements 496,86500Total Bid773,14900TA Loving Co, Goldsboro, NC - Bid SecuritySewer Improvements 300,06750Water Improvements 503,40750Total Bid803,47500Mark H Johnson, Inc, Newton Grove, NC - Bid SecuritySewer Improvements 362,63375Water Improvements 503,33725Total Bid865,97100JF Wilkerson Contracting Co, Morrisville, NC - Bid SecurityTotal Bid888,86424State Utility Contractors, Inc, Monroe, NC - Bid SecurityTotal Bid914,53400Ray Johnson Construction, Erwin, NC - Bid Security974,44666341Tim Broome, Engineer with McKim Creed, recommended the Board award bid to low bidder BlueConstruction Company of Sanford in the total amount of 773,149Following discussion, Commissioner Frank B Holding moved the Board award bid to Blue ConstructionCompany of Sanford, NC in the amount of 773,149 for providing water and sewer to serve the proposed SkillsTraining Center and the Cleveland Community area, subject to approval by EDA Commissioner Holding further movedthe following project budget be adoptedConstruction 773,14900Contingency 38,85100Technical ServicesBase Engineering 71,00000Authorized Additional Services Expenses 4,00000Electrical Service to Site 10,00000TOTAL 897,00000Commissioner Jerry F Wood seconded the motion which carried by unanimous vote15 AppointmentArea Mental Health BoardUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Frank B Holding and carried byunanimous vote, the Board appointed Cathryn Z Medlin, Benson, to fill an unexpired term to expire 10319416 Budget Amendments ApprovedA Health DepartmentUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner Jerry F Wood and carriedby unanimous vote, the Board approved the following budget amendmentsExpenditure Increase - Child Health10 5945 -4600 - Medical Supplies10000Revenue Increase15000010- 3519 -826 - Children Youth Sect CorinthHolders Athletics Supporters10000Expenditure Increase - Home Health - Cost Settlement10 -5935 -5700 - Miscellaneous3,11200Revenue Increase5000010- 3519 -8251 - Divof Medical Assistance3,11200Expenditure Increase - Child Health10 -5945 -4600 - Medical Supplies4,6570010 -5945 -1400 - Travel2,29500TOTAL6,95200Revenue Increase2000010- 3519 -826 - DEH NR Immunization Branch6,95200B Job Training Department4,10000Upon a motion by Commissioner Eleanor N Creech, seconded by Commissioner James W Cash and carriedby unanimous vote, the Board approved the following budget amendmentExpenditure Increase3504 674- 057 -01 - Other Trng Equip -IIA1500003505 684 - 057 -02 - SYEP Equipment -IIB1500003504 673- 057 -00 - Other Direct AdmCostsEquip IIA400003505 684 - 057 -00 - Other Direct AdmCostsEquip IIB200003504 673- 014 -00 - Staff Travel - IIA50000TOTAL4,10000Revenue Increase3504 674- 057 -01 - IIA Training1500003505 684 - 057 -02 - IIB Support1500003504 673- 057 -00 - IIA Administration400003505 684 - 057 -00 - IIB Administration200003504 673- 014 -00 - IIA Administration50000TOTAL4,10000342C Tax DepartmentUpon a motion by Commissioner Frank B Holding, seconded by Commissioner James W Cash and carriedby unanimous vote, the Board approved the following budget amendment for the Tax Department to provide forrevaluation and new vehicle tax billing systemExpenditure Increase10 45007400 Capital Outlay 68,0100010 45001110 Postage 7,50000Expenditure Decrease10 66505700 Contingency Fund 75,51000John Stott, Tax Administrator, discussed with the Board the new automobile tax billing required by the StateHe advised the Commissioners a review board or board of adjustment for automobile taxing will need to be appointedin the near future17 Comprehensive Annual Financial Report as of June 30, 1992John Massey, County Finance Director, presented the Board copies of the first Comprehensive AnnualFinancial Report as of June 30, 1992 Mr Massey, who prepared the report, explained it is more comprehensive thanthe regular audit report , easier to read, and contains ten years of statistical data on the County It will be submitted tothe national Government Finance Officers Association for review and consideration for certificate of excellence infinancial reporting In addition, the expanded report will raise the Countys bond rating and can be used as an industrialrecruiting toolThe Board voiced appreciation for the time and effort Mr Massey put into preparing this report18 Beaver ProblemsCommissioner James W Cash commented on reports that Columbus, Bladen, and Sampson counties have beengiven special legislative authority to control the beaver population in their area He asked the County Manager to checkinto this and report back to the Board at the next meetingTHE BOARD RECESSED FOR LUNCH THEY JOINED OTHER COUNTY ELECTEDOFFICIALS TO HEAR A STATUS REPORT FROM STATE EMERGENCY MANAGEMENT SERVICESPERSONNEL ON EMERGENCY PREPAREDNESS19 Demolition of Third Street BuildinCommissioner Frank B Holding moved the Board authorize County Manager, Richard B Self, to present atthe February meeting a plan for the demolition of the two story building next to the open lot on Third Street inSmithfield, which was recently purchased from Joe Dan Talton Commissioner Holding further moved that the Boardinvite the Downtown Smithfield Development Corporation to make suggestions on developing the propertyCommissioner John M Booker seconded the motion which carried by unanimous vote20 Auction of Surplus PropertyCounty Manager, Richard B Self, reported he will be advertising the auction of surplus County vehicles forlater this monthThere being no further business, Commissioner John M Booker moved the Board adjournCommissioner Eleanor N Creech seconded the motion which carried by unanimous voteNorman C Denning, ChairmanJoyce K Ennis, ClerkDetailsAnnotationsEntry PropertiesModified11192013 10000 PMCreated5132003 94914 AMTemplateMinutesFieldsMinutes - TypeRegularMinutes - Date141993Book19