December 7, 1992 - 10:00 AM - County Board of Commissioners Meeting Minutes

December 7,1992The Johnston County Board of Commissioners met in regular session Monday, December 7, 1992, at 10 oclock amin the Commissioners Room, Johnston County Courthouse Annex, Smithfield, North Carolina, with the following memberspresentNorman 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, CountyAttorneyThe Chairman called the meeting to order and the following business was transacted1 MinutesThe Chairman asked if there were any corrections to the minutes of November 2, and 9,1992 board meetings Therebeing no corrections, the Chairman declared the minutes approved as presented2 Reorganization of Board of CommissionersNewly elected Commissioners, Eleanor N Creech and Cecil M Massengill were seatedThe Chairman turned the meeting over to the County Manager to preside in the election of a chairman of the Boardof County CommissionersThe County Manager called for nominations for Chairman of the Board of Commissioners to serve a one year termCommissioner Frank B Holding nominated Commissioner Norman C Denning to serve as Chairman of the BoardThere being no further nominations, Commissioner John M Booker moved the nominations be closed CommissionerJames W Cash seconded the motion and Norman C Denning was elected Chairman of the Board by unanimous voteChairman Denning thanked the Board for their continued supportThe Manager turned the meeting over to Chairman Denning for the election of a Vice ChairmanChairman Denning called for nominations for Vice Chairman of the Board to serve a one year termCommissioner James W Cash nominated Frank B Holding to serve as Vice Chairman of the BoardCommissioner Jerry F Wood seconded the nomination and Commissioner Frank B Holding was elected ViceChairman by unanimous vote3 County Water SystemChairman Denning stated one of the major concerns in the County, as he sees it, is the insufficient water supply inmany of the rural areas He asked Commissioners Frank B Holding and John M Booker to continue talking with themunicipalities about expansion of the Countys water system, and specifically, to discuss with Smithfield officials thepossibility of purchasing the Smithfield Water Plant He noted another option would be for the County to build its own waterplant He asked Commissioners Holding and Booker to report back to the Board at the January meeting4 1993 Schedules - Board Meeting Dates and County HolidaysCounty Manager, Richard B Self, presented the following schedule of regular meetings for 1993 and the 1993holiday schedule for County officesSchedule of Regular Board Meetings for 1993January - Monday, January 4, 1993February - Monday February 1, 1993March - Monday, March 1, 1993April - Monday, April 5, 1993May - Monday, May 3, 1993June - Monday, June 7, 1993July - Tuesday, July 6, 1993August - Monday, August 2, 1993September - Tuesday, September 7, 1993October - Monday, October 4, 1993November - Monday, November 1, 1993December - Monday, December 6, 1993325New Years DayMartin Luther King, Jr DayGood FridayMemorial DayIndependence DayLabor DayVeterans DaySchedule of County Holidays for 1993Friday, January 1Monday, January 18Friday, April 9Monday, May 31Monday, July 5Monday, September 6Thursday, November 11Thanksgiving Thursday Friday, November 25 26Christmas Friday Monday, December 24 275 Department of Transportation - Additions to the SystemThe Board reviewed petitions presented by the North Carolina Department of Transportation requesting the followingroads be added to the State Secondary System for maintenanceChase Drive in River Dell Chase Subdivision, Wilders TownshipSterling Drive, Meadowland Drive, Hunt Club Drive, Summerwinds Circle, Tanglewood Drive, and Benttree Drivein Silverstone Subdivision, Clayton TownshipFollowing review, Commissioner Frank B Holding moved that NC Department of Transportation be requested toadd Chase Drive, Sterling Drive, Meadowland Drive, Hunt Club Drive, Summerwinds Circle, Tanglewood Drive and BenttreeDrive to the State Maintained SystemCommissioner John M Booker seconded the motion which carried by unanimous vote6 Department of Transportation - Abandonment of Maintenance to State System - SR 1246Commissioner Frank B Holding reported he and Ross Halley, DOT Maintenance Engineer, traveled to BannerTownship to look at SR 1246 Mr Holding stated he and Mr Halley see no problem with the State abandoning maintenanceof the dead -end road, SR 1246, as requested by Mrs Viola Raynor Commissioner Holding noted Mrs Raynor is the onlyproperty owner involved, and the cemetery located at the end of the road belongs to her family Mrs Raynor plans to placea chain across the road to control nonessential trafficFollowing discussion, Commissioner Frank B Holding moved the Board request the North Carolina Department ofTransportation to abandon maintenance of SR 1246 as requested by Mrs Viola RaynorCommissioner Jerry F Wood seconded the motion which carried by unanimous voteNew Paving Priority ListRoss Halley informed the Board that traffic counts have been completed for the unpaved roads in Johnston Countyand the new paving priority list should be available by the end of February or the first of March7 Public Hearing 1015 Rezoning PetitionAdvertised The Smithfield Herald - November 20, and 27, 1992Notices posted at locations on November 20,1992, and certified letters mailed to adjoining propertyowners on November 12, 1992The Chairman opened the public hearing and invited anyone who wished to address the Board on the followingrezoning requestCASE #50 - Petition to rezone a 50 acre parcel on SR 1356, approximately 1000 feet west of the intersectionwith SR 1330 in Elevation Township, from ARR40 to HeM Industrial Special Use District Applicant ST WootenConstruction CompanyPersons who wished to give testimony concerning rezoning this property to Heavy Industrial Special Use District weresworn in by the ClerkJeff Coutu, County Planning Director, showed a map of the property and pointed out the existing quarry and othersurrounding area He stated the Planning Board recommended approvalCarol Goss, property owner in the area, presented a petition of opposition with 136 signatures She stated, in heropinion, ST Wootens plan to place an asphalt plant at the site would cause a hardship for the neighborhood She noted themajor concern was that increased traffic would add to the already high number of automobile accidents in the area,326especially during school hours because of the proximity of South Johnston High School Other concerns included dry wellproblems, offensive odor, noise, dust, and loss of property value She questioned what measures would be taken to protectthe neighborhood if the rezoning was allowed, and what conditions would keep the special use permit from being renewedannually She mentioned the possibility of buffers and resale sublet conditions being attached to the permitGeorge Strickland, Vice President of S T Wooten, stated the company is sensitive to the people in the area and takespride in being good neighbors He stated that not only are asphalt plants controlled by government regulations, but thecompany has an internal division that closely monitors the plant operationOthers who spoke in opposition to the rezoning were Dwight Curtis Woodall, Clara Tart, Clyda MCColloughRebecca MCCollough, and Leamon GilbertThere being no further comments, the Chairman closed the public hearing and announced the Board would make adecision later in the day8 Rezoning Cases Held Over from Previous MeetingsCASE #41 - Sue Warrick, Smithfield TownshipUpon a motion by Commissioner John M Booker, seconded by Commissioner Jerry F Wood and carried byunanimous vote, the Board postponed a decision on CASE 441 until the January meetingCASE #47- Petition to rezone approximately 73 acres in Meadow Township at the intersection of SR 1118 andSR 1113 from ARR 40 to HeaM Industrial Special Use District Applicants Mr Mrs Charles Dennin2Jeff Coutu explained the Planning Board, at their November 19th meeting, recommended denial of this rezoningfinding the mining aspect of the case incompatible with the surrounding land useCharles Denning, owner of the property, stated when he entered into a lease agreement with Barrus Construction inApril, he was unaware of countywide zoning He noted approximately one acre of the land was to be used for miningmaterials at a depth of about 10 feetBob Griffith, Attorney representing a group of people in the neighborhood, stated the mining operation makes thiscase different from other applications for asphalt plants He questioned the amount of excavation planned for the site notingthere appears to be some discrepancy between the application for rezoning, the zoning plat in the Planning Office, and themining permit He noted his clients are also concerned about the heavy traffic on SR 1118 which is unpaved and in very badcondition He asked the Commissioners to accept the recommendation of the Planning Board and deny the rezoningCitizens from the area who again voiced their opposition to the rezoning were Steve Parker, Joyce Draughon, NancyWade, Rancy Maxine Jones, and Claydean McLamb They listed the following concerns noise and air pollution, badodors, well problems, increased traffic, and neighborhood safetyDaniel Hill with Barrus Construction responded the company would only use the site for a limited time in order tocomplete a contract with the state He noted the excavation would not create a hole as the land was at a slope and theexcavation would level the property Concerning the acreage discrepancy, Mr Hill said a survey was done and the companynow feels they will only need about 5 acresThere being no further comments, Chairman Denning informed those present the Board would make a decision laterin the meeting9 Public Hearing Establishment of Hopewell Pisgah Water DistrictAdvertised The Smithfield Herald - November 13, 20, 27, 1992Four Oaks News - November 17, 24, Dec 1, 1992Posted Pisgah Baptist Church, Hopewell Free Will Baptist Church, Stephensons Grocery on November10, 1992The Chairman opened the public hearing and invited anyone who wished to address the Board on the proposedHopewell Pisgah Water District A map of the proposed district was displayedErnest Whitley, Chairman of a committee of residents from the Hopewell Pisgah area, asked the Board to adopt thenecessary resolution to establish the Hopewell Pisgah Water District He thanked the Commissioners and the County Managerand his staff for helping the community with this projectLinda Creech who lives in the area asked if residents would be allowed to tap into the Countys sewer line along SwiftCreek Road if they were not interested in the districts water system327Commissioner Frank B Holding explained to Mrs Creech that the two systems are entirely separate and applicationfor sewer would have nothing to do with the water districtThere being no further comments, the Chairman closed the public hearing10 Resolution Establishment of Hopewell Pisgah Water DistrictUpon a motion by Commissioner Frank B Holding, seconded by Commissioner Jerry F Wood and carried byunanimous vote, the Board adopted the following resolutionRESOLUTION CREATING THE HOPEWELL PISGAH WATER DISTRICTOF JOHNSTON COUNTYWHEREAS, the Johnston County Board of Commissioners hereinafter the Board at its regular meeting onNovember 2, 1992, resolved that a Public Hearing be held, pursuant to NC General Statutes Chapter 162A -88 et seq, toconsider creation of the Hopewell Pisgah Water District of Johnston County; and,WHEREAS, the Board further resolved that the said Public Hearing should be held on Monday, December 7, 1992and directed the appropriate representative of the County to take the necessary actions to hold the Public Hearing; andWHEREAS, the Board further resolved that the appropriate representatives of the County take the necessaryactions to properly notice said Public Hearing as provided by law; andWHEREAS, pursuant to N C General Statutes Chapter 162A -86, allotice of Public Hearing was prepared statingthe date, hour and place of the hearing and its subject and setting forth a description of the territory to be included within theproposed Hopewell Pisgah Water District of Johnston County; and,WHEREAS, pursuantto saidNC General Statutes Chapter 162A -86, the Notice of Public Hearing was publishedonce a week for three weeks in newspapers that circulate in the proposed district and posted in at least three public places inthe district The Notices of Public Hearing were posted and published the first time not less than twenty days before thehearing; and,WHEREAS, a Public Hearing was held at 1115 am on December 7, 1992, in the Commissioners Room,Courthouse Annex, Smithfield, North Carolina at which time taxpayers and all other interested persons appeared and wereheard concerning the question of creating the Hopewell Pisgah Water District of Johnston County; andWHEREAS, the Board, following the Public Hearing, finds that1 There is a demonstrable need for providing in the district water services;2 The residents of all the territory to be included in the district will benefit from thedistricts creation; and3 It is economically feasible to provide the proposed service or services in the districtwithout unreasonable or burden- some annual tax levies; andWHEREAS, the Board recognizes that vital matters to be considered in creating the district are the availabilityof federal funding and the successful issuance of bonds andor notes for the purpose of providing funding to provide waterto the district, or portions thereof, and the number of users who contract to purchase water; and,WHEREAS, the Board finds that the district shall be defined as set forth in the Notices of Public Hearing and,WHEREAS, the Board now desires to create the Hopewell Pisgah Water District of Johnston County,NOW, THEREFORE, BE IT RESOLVED by the Johnston County Board of Commissioners, as followsIt is hereby found thata There is a demonstrable need for providing in the district water services;b The residents of all the territory to be included in the district will benefit from thedistricts creation; andc It is economically feasible to provide the proposed service or services in the districtwithout unreasonable or burdensome annual tax levies; and2 The Hopewell Pisgah Water District of Johnston County is Thereby created as provided above and the saidDistrict is hereby described as followsBEGINNING at the point approximately 1700 feet northeast and upstream of the intersection of US 301 and the NeuseRiver south of Smithfield, said point being the confluence of Neuse River and Arters Branch; thence southeast approximately2500 feet to the intersection of SR 1341 and SR 1343; thence following a line parallel to, and 500 feet south of SR 1343westerly to the intersection of SR 1343 and SR 1342; thence south to the centerline of Black Creek in Holts Lake; thence328following the centerline of Holts Lake and then Black Creek westerly upstream to the confluence of Black Creek and ReedyCreek; thence following Reedy Creek upstream northwesterly to a point 500 feet northwest of SR 1334; thence following aline parallel to, and 500 feet northwest of the centerline of SR 1334 running northeasterly to a line 500 feet west of theintersection of SR 1334 and SR 1332; thence following a line parallel to, and 500 feet west of the centerline of SR 1332running north, northwest, and north to the intersection with NC 210; thence, following a line parallel to, and 500 feet northof the centerline of NC 210 running generally easterly to the intersection of NC 210 and SR 1507; thence following a lineparallel to and 500 feet west of the centerline of SR 1507 to the intersection with SR 1330, thence following a line parallelto, and 500 feet north ofthe centerline of SR 1330 running generally easterly to the intersection with SR 1010; thence, runningnorth 45 degrees east approximately 1700 linear feet to the intersection of Swift Creek; thence following the centerline of SwiftCreek downstream and generally southeasterly to the confluence of Swift Creek and Neuse River; thence following thecenterline of Neuse River generally southerly to the point of beginning3 The Clerk to the Board is hereby authorized and directed to cause the Resolution to be published once in eachof two successive weeks in the newspapers in which the Notices of Public Hearing were published, and in addition theretocause to be published with the resolution a notice as provided in NCGeneral Statutes Chapter 162A -87 bThe County, and its officers, agents and attorneys are hereby directed to take any further actions as may be requiredby the laws of the State of North Carolina to perform the matters and things directed by this ResolutionDuly adopted this the 7th day of December, 1992,Richard Self, County Manager informed the Board the next step in forming a water district would be to call for adistrict bond referendumEXECUTIVE SESSIONUpon a motion by Commissioner John M Booker, seconded by Commissioner Eleanor N Creech and carried byunanimous vote, the Board recessed regular session to meet in executive session for the purpose of consulting with an attorneyon a matter of litigation It was announced executive session would be held during lunch at a local restaurantREGULAR SESSION RESUMEDUpon a motion by Commissioner John M Booker, seconded by Commissioner James W Cash and carried byunanimous vote, the Board adjourned executive session and resumed regular session11 Complaint - Livestock Management and Operations in Johnston CountySheppard Hockaday who lives in Meadow Township met with the Board concerning livestock management andoperation in Johnston County He voiced considerable concern about commercial hog operations locating in residential areas,and asked the Board to act within their powers, through zoning regulations, to ensure the general welfare of the Countyscitizens He stated, in his opinion, livestock production factories should be considered industries and not agriculture Hewas specifically concerned about the type of waste treatment lagoons used in local swine operations, and their close proximityto neighboring property linesSeveral other residents from the Meadow community were present in support of Mr Hockadays concerns ThelJohnson, stated he was worried, not only about the odor, but also about the affect the lagoons would have on community soiland water He noted most of the Meadow area has a high water table with little water - holding capability This could cause,in his opinion, the treatment chemicals used in the lagoons to infiltrate the surrounding soil and groundwater Henrietta Hines,David Wood, Tommy Nailer, Mrs Kenneth Lee, Max Lee, and Laura Lee concurred and asked the Board for assistanceIn response, Chairman Norman C Denning instructed County Manager, Richard B Self, to contact the NCDepartment of Agriculture to see what, if anything, the County can do in this matter and report back at the January meetingCommissioner John M Booker explained state law prohibits counties from regulating agriculture, and since swineproduction operations are considered agriculture any change would have to be addressed through legislation He stated hefavors the idea of further study of the matter and would be in support of legislative action statewide, or possibly a localoption bill for Johnston CountyThe entire Board expressed a willingness to study the problem and try to find workable solutions for everyoneinvolvedChairman Denning noted large scale swine production has raised concerns in many counties of the state andhopefully, the NC General Assembly will address the problem at their upcoming session He recognized in the audience, localmember of the General Assembly, Leo Daughtry who also agreed to look into the matter32912 Property Tax Request Security Pacific HousingAttorney Leo Daughtry and Theodore A Nodell, Attorney for Security Pacific Housing, reported that during themeeting they talked with Tax Administrator John Stott and have worked out a satisfactory procedure whereby the lendinginstitution and the tax office will work together on collections due on mobile homes being repossessed13 I -4042 Interchange Request for Sewer ServicesLew Starling, Attorney for Bob Hollister, informed the Board that he and his client met with the County Manager,Engineer Tim Broome, and representatives from I -4042 Developers as requested by the Board He stated it is his clientsposition that the sewer line beyond the I -4042 property is the Countys responsibility He asked what the tap -on fee wouldbe to connect to the line where it becomes county propertyCounty Manager, Richard B Self, responded a rough draft of a tap -on fee schedule is being prepared for the BoardsconsiderationCommissioner John M Booker mentioned the Town of Clayton currently has a moratorium on permitting sewercapacity Mr Hollister indicated he could work out an agreement with Clayton14 Petitions for Rezoning DecisionsA CASE #50 - Petition to rezone a 50 acre parcel on SR 1356, approximately 1000 feet west of theintersection with SR 1330 in Elevation Township, from ARR40 to HeaM Industrial Special Use District ApplicantST Wooten Construction CompanyCommissioner Cecil M Massengill moved the Board deny the request from S T Wooten to rezone a 5 acre parcelin Elevation Township from ARR40 to Heavy Industrial Special Use District since another asphalt plant is in the areaCommissioner Jerry F Wood seconded the motion which carried by the following voteYea Cecil M Massengill, Jerry F Wood, Frank B Holding, James W Cash, Norman C Denning, JohnM BookerNays NoneAbstaining Eleanor N CreechB CASE #47 Petition to rezone approximately 73 acres in Meadow Township at the intersection of SR118 and SR 1113 from ARR 40 to HeaM Industrial Special Use District Applicants Mr Mrs Charles DenningUpon a motion by Commissioner Frank B Holding, seconded by Commissioner James W Cash and carriedby unanimous vote, the Board approved rezoning of 73 acres in Meadow Township for Mr Mrs Charles Denning fromARR40 to Heavy Industrial Special Use District for a limited time only from February 1, 1993 to August 15, 1993 TheBoard stressed that zoning for the property would revert back to Agriculture Residential 40 effective August 15th15 Public Hearing - CASE #47 - Special Use Permit RequestAdvertised The Smithfield Herald October 16, 23, 1992The Chairman opened the public hearing and invited anyone who wished to address the Board on a request for aspecial use permit from Mr Mrs Charles Denning for a hot mix asphalt plant on 73 acres in Meadow TownshipJeff Coutu stated the Planning Board recommended denial of this petition There were no supportive findings of factestablished by the Planning BoardThere being no further comments, the Chairman closed the public hearing16 Special Use Permit Approved - Case #47Based on the findings of fact listed below, and with the stipulation that SR 1118 to NC 42 not be used beyond theentrance to the site driveway, Commissioner Frank B Holding moved the special use permit for a hot mix asphalt plant forMr Mrs Charles Denning on 73 acres in Meadow Township be approved for the specified period from February 1, 1993to August 15, 1993 Commissioner Holding further moved that the property be left in its original condition at the end of thespecified period and that this agreement be stated, in writing, on the permitCommissioner James W Cash seconded the motion which carried by unanimous vote330Findings of Fact1 Special Use is compatible with surrounding land use2 Special Use Permit meets with the requirements of special use17 Micro Fire Department - Tax Exempt LoanCommissioner James W Cash moved the Board adopt the following resolutionAPPROVAL OF TAX - EXEMPT LOAN TO VOLUNTEER FIRE DEPARTMENTBY BOARD OF COMMISSIONERSNOW, THEREFORE, BE IT HEREBY RESOLVED, that the Board of Commissioners of Johnston County,North Carolina, does hereby approve a tax - exempt loan to the Volunteer Fire Department of Micro, North Carolina, Inc, [theVFD ], from Emergency One, Inc, in the principal amount of 71,25200, which loan is for the following purposeThe purchase by the VFD of a fire truck which fire truck will be owned and operated by the VFD,and will be maintained at the following addressPO Box 300Micro, NC 27555Duly certified by the execution hereof and the placement hereon of the seal of said county, this the 7th day ofDecember, 1992Commissioner Jerry F Wood seconded the motion which carried by the following voteAye Norman C Denning, Frank B Holding, Jerry F Wood, John M Booker, James W Cash, Eleanor N Creech,and Cecil M MassengillNo NoneAbstaining None18 Proclamation Drunk and Drugged Driving Prevention Month 1992Upon a motion by Commissioner Jerry F Wood, seconded by Commissioner Eleanor N Creech and carried byunanimous vote, the Board adopted the following resolutionNational Drunk and Drugged Driving 31 Prevention Month 1992WHEREAS, drivers and pedestrians impaired by alcohol and other drugs account for nearly 20,000 highwaydeaths annually; andWHEREAS, motor vehicle crashes are the number one cause of death for children adolescents, and youngadults in the United States; andWHEREAS, alcohol is involved in nearly half of all traffic fatalities; andWHEREAS, injury and property damage resulting from impaired driving cause physical, emotional, andeconomic hardship for hundreds of thousands of adults and young people; andWHEREAS, a decade of intense public education effort has proved that alcohol - related highway crashes arenot accidents and can be prevented; andWHEREAS, comprehensive community -based strategies to further reduce and prevent impaired drivingtragedies are known; andWHEREAS, if we take a stand now, we can prevent impaired drivingNOW, THEREFORE, the Johnston County Board of Commissioners do hereby call upon all citizens,government agencies, public and private institutions, businesses, hospitals, and schools in Johnston County to promoteawareness of causes of driver impairment, existing and proposed laws intended to further reduce and prevent impaireddriving, and opportunities to establish safer and healthier norms regarding the use of alcohol and other drugs for allcitizens, particularly the youngAdopted this 7th day of December, 199233119 Tax Refund Request - Mrs Thomas L UpchurchThe Board discussed a request for a full tax refund for Mrs Thomas L Upchurch on 97 acres of land whichhas been double listed since 1963 The Tax office has releasedthe taxes for 1992 and refunded Mrs Upchurch 30349,representing the past 5 years taxes as allowed by law Mrs Upchurch has requested a refund for the additional yearsshe was over - assessedCommissioner Jerry F Wood moved the Board refund Mrs Thomas L Upchurch 73616 for 1963 -1986overpaid taxes from the contingency fund and approve the necessary budget amendmentCommissioner Cecil M Massengill seconded the motionDiscussionCommissioner John M Booker noted the General Statutes only allow the County to go back five years infiguring refunds for overpaid taxes If the Board chooses to refund more than allowed by law, those board membersbecome personally liable He stressed he was sympathetic with Mrs Upchurch and personally felt she should get therefund; however, as a Commissioner he is sworn to uphold the lawCommissioner Eleanor N Creech agreed stating she has compassion for Mrs Upchurch; however to refundthe additional money would be a violation of general statutesFollowing further discussion the motion carried by the following voteAyes Jerry F Wood, Cecil M Massengill, Frank B Holding, and Norman C DenningNos John M Booker, Eleanor N Creech, James W CashBudget AmendmentExpenditure Increase10 660048 Refund overpayment of taxes 73700Expenditure Decrease10 665057 Contingency Fund 7370020 Periodic Fire Inspection ScheduleCounty Manager, Richard B Self, informed the Board the NC State Building Code Council has adopted aminimum schedule for periodic fire inspections According to General Statutes 153A -351 and 160A -411, localgovernments must adopt a local schedule no less frequent than the minimum by January 1, 1993, and submit this tothe Division of Engineering of the Department of InsuranceUpon a motion by Commissioner Cecil M Massengill, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board approved the following schedule for periodic fire inspections for Johnston CountyOnce Every Year Hazardous, Institutional, High Rise, Assembly except Churches and Synagogues andResidential only interior common areas and except one and two family dwelling units of multi - family occupanciesOnce Every Two Years Educational Except Public Schools and IndustrialOnce Every Three Years Business, Mercantile, Storage and Churches and Synagogues21 Recreation Grants ApprovedUpon a motion by Commissioner Frank B Holding, seconded by Commissioner John M Booker and carriedby unanimous vote, the Board approved the following recreation grants and Budget AmendmentPine Level Recreation Committee, 2,000; Selma Elementary School, 2,000; Cleveland Athletic Association,2,000; Princeton PTO, 2,000; Benson Phantom Booster Club, 2,000; Princeton Tarheel Little League Association,2,000; Princeton Babe Ruth, 2,000; South Johnston High School, 2,000; SmithfieldSelma Middle School AthleticBooster Club, 2,000Expenditure Increase - Special Appropriations10 66506220 - Recreation GrantExpenditure Decrease10 665057 - Contingency Fund18,00018,00033222 AppointmentsA Health DepartmentUpon a motion by Commissioner Cecil M Massengill, seconded by Commissioner John M Booker andcarried by unanimous vote, the Board made the following appointments to the Johnston County Board of Health forfour year terms to expire 123195Reappointed Dr Sherill Glover Optometrist, Dr NB Grantham Dentist, and Tim BroomeEngineer Appointed Shelton Benson General Public, Joyce Lassiter Nurse, and Dr David J WaldrepVeterinarianB Industrial Development CommissionUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board made the following appointments to the Industrial Development Commission for2 year terms to expire 123194Reappointed James Overbee Pine Level, Kenneth Aycock Kenly, James D Edwards Princeton,H Earl Johnston Clayton, R A Busby At- Large Appointed W B Tom Hinnant SelmaC Area Mental Health BoardCommissioner Jerry F Wood asked the Board to postpone this appointment until the January meetingD Banner Fire Protection District CommissionUpon a motion by Commissioner Frank B Holding, seconded by Commissioner Cecil M Massengilland carried by unanimous vote, the Board appointed Jackie E McLamb to the Banner Fire Protection DistrictCommission for a 2 year term to expire 123194ETown of Pine LevelAt the recommendation of the Pine Level Commissioners, Commissioner John M Booker moved theBoard appoint Earl Baker and Mark Pittman as ETJ members of the Pine Level Planning BoardCommissioner Jerry F Wood seconded the motion which carried by unanimous vote23 1991 -92 Audit PresentationKen Neighbors of Neighbors Associates reviewed with the Board the County audit report for the fiscal yearending June 30, 1992 He reported the County is in compliance with all laws and in good financial condition Hecomplimented the Finance Director and staff for excellent budget management and accounting24 Budget Amendments ApprovedA Health DepartmentUpon a motion by Commissioner Frank B Holding, seconded by Commissioner James W Cash and carriedby unanimous vote, the Board approved the following budget amendments for the Health DepartmentExpenditure Increase - Child Health10 -5945 -1410 - Employee Training200Revenue Increase - Child Health10- 3519 -826 - Children Youth Sect DEH NR200Expenditure Increase - Adult Health10 -5920 -0400 - Professional Services21,618Revenue Increase - Adult Health10- 3519 -821 - DEH NR21,618Expenditure Increase - WIC10 -5955 -1400 - Travel2,00010 -5955 -3300 - Nutrition Ed Supplies65010 -5955 -3310 - Lab Supplies4,50010 -5955 -7400 - Capital Outlay3,50010 -5955 -0200 - Salaries3,27610 -5955 -1110 - Postage1,50033310 -5955 -1200 - Printing 25410 -5955 -5410 -Workmans Comp 700TOTAL 16,380Revenue Increase - WIC10- 3519 -828 - DEHNR -WIC 16,380B Rescue Personnel Hepatitis VaccineUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner John M Booker and carried byunanimous vote, the Board approved the following budget amendmentExpenditure Increase10 5350 -3405 - Rescue Personnel Vaccine 3,000Expenditure Decrease10 6600 -9999 - Contingency 3,000C Cooperative ExtensionUpon a motion by Commissioner Frank B Holding, seconded by Commission John M Booker and carried byunanimous vote, the Board approved the following budget amendment for a part-time positionExpenditure Increase10 63000250 - Salaries - Part-time 9,29010 63000550 - Social Security 71010 63001450 - Travel 1,75010 63003250 - Office Supplies 750TOTAL 12,500Revenue Increase10 345083 - Ag Health Promotion 12,500D Sheriff s DepartmentUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Eleanor N Creech and carriedby unanimous vote, the Board approved the following budget amendmentExpenditure Increase10- 510044 Dare Program 4,109Revenue Increase10- 34331100 Dare Program 4,10925 Resolution Release of Funds Triangle J COGUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner James W Cash and carried byunanimous vote, the Board adopted the following resolutionResolutionWHEREAS, the State of North Carolina recognized Lead Regional Organizations to assist in EconomicDevelopment for the towns, cities and counties in the state; andWHEREAS, many towns, cities and counties continue to need assistance in pursuing economic and communitydevelopment opportunities, but federal assistance in the form of intergovernmental revenues have beencurtailed in recent years; andWHEREAS, the 1992 General Assembly recognized this need through the appropriation of 846,270 to help theLead Regional Organizations assist local governments with grant applications, economic development,community development, and to support local industrial development activities and other activities asdeemed appropriate by their local governments; andWHEREAS, in the event that a request is not made by a unit of local government for release of these funds, thefunds will revert to the States General Fund; andWHEREAS, in Region J, funds in the amount of 48,015 will be used to carry out the economic development planapproved by the COG Board of Delegates, and to improve the economy of all towns, cities andcounties in the region334NOW THEREFORE BE IT RESOLVED that the Johnston County Board of Commissioners request the release of5,52839 to Triangle J COG at the earliest possible time in accordance with the provision of Chapter 900, House Bill1340, Section 180 of the 1992 Session Laws contingent upon Triangle J COG reducing any non - member assessmentslevied upon Johnston County by any other program operated by Triangle J COG by a like amountAdopted this 7th day of December, 199226 Department of Transportation to Hold Public Hearing - Relocation of NC 42 US 70County Manager, Richard B Self, informed the Board the Department of Transportation will hold a publichearing on December 7, 1992, at 730 pm in the Clayton Town Hall to obtain public input on a proposal to relocatethe intersection of NC 42 and US 7027 Resolution Cleveland School FinancingUpon a motion by Commissioner Frank B Holding, seconded by Commissioner Cecil M Massengill andcarried by unanimous vote, the Board adopted the following resolutionRESOLUTION EXPRESSING INTENT WITH RESPECT TO FINANCING OF THE NEWCLEVELAND SCHOOL AND THE TAKING OF RELATED ACTIONSWHEREAS, Pursuant to Chapter 865 of the 1992 Session Laws, amending Chapter 885 of the 1989 Session LawsSpecial Act, Johnston County the County is authorized to acquire real or personal property for use by the JohnstonCounty School Board the School Board to acquire and construct a new Cleveland School facility the Project in theCounty; andWHEREAS, The Board has decided to finance the acquisition and construction of the Project through an installmentsale financing under NCGS Section 160A -20; andWHEREAS, the County intends to make certain capital expenditures relating to the acquisition and construction ofthe Project prior to completion of the installment sale financing, and to reimburse the County for such expenditures outof the proceeds of such financingNOW, THEREFORE, the Board of Commissioners of Johnston County, meeting in Regular Session at Smithfield,North Carolina, on December 7, 1992, do the followingBE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF JOHNSTON COUNTYI The County Manager is hereby authorized and directed to proceed with planning for the acquisition and constructionof the Cleveland School facility under the Special Act and the financing thereof through an installment sale financingunder NCGS Section 160A -20, in the principal amount of approximately 5,000,00000, including filing anapplication with respect thereto with the North Carolina Local Government Commission2The County Manager is hereby authorized and directed to schedule a joint public hearing by the Board with theSchool Board concerning the Project and the financing thereof Such hearing shall be as required by the Special Actand NCGS Section 160A -203The County hereby declares that it reasonable expects to make certain capital expenditures for the acquisition andconstruction of the Project and to reimburse such expenditures out of the proceeds of an installment sale financing, upto a maximum amount of 5,000,00000 This Resolution is intended to be a declaration of official intent underTreasury Regulation § 1103- 18f14Hunton Williams, Raleigh, North Carolina, shall act as bond counsel to the County in connection with theinstallment sale financing5This Resolution shall take effect immediatelyCommissioner Frank B Holding moved the passage ofthe foregoing Resolution and Commissioner Cecil M Massengillseconded the motion, and the Resolution was passed by the following voteAyes Commissioners Norman C Denning, Frank B Holding, James W Cash, Jerry F Wood, John M Booker,Eleanor N Creech, and Cecil MMassengillNays NoneNot Voting None33528 Notice of Intent for County to Withdraw Water from Neuse RiverIn order to have the necessary preliminary procedures in place should the County decide to build a water plant,Commissioner Frank B Holding moved the Board authorize County Manager, Richard B Self, to formally file with theState of North Carolina a notice of intent to withdraw 12 million gallons of water per day from the Neuse RiverCommissioner John M Booker seconded the motion which carried by unanimous vote29 New Commissioners Appointed to County Boards and CommitteesChairman Norman C Denning asked Commissioner Cecil M Massengill to represent the Board ofCommissioners on the Johnston County Planning Board The Chairman asked Commissioner Eleanor N Creech to serveas Board representative on the County Rescue Association and the Johnston County Youth Task Force OtherCommissioners who serve on various boards and committees were asked to continue serving in the same capacityEXECUTIVE SESSIONUpon a motion by Commissioner John M Booker, seconded by Commissioner Eleanor N Creech and carriedby unanimous vote, the Board recessed regular session to sit in executive session for the purpose of discussing a matterof possible litigation with an attorney, and to discuss matters concerning the location or expansion of industryREGULAR SESSIONUpon a motion by Commissioner John M Booker, seconded by Commissioner Frank B Holding and carriedby unanimous vote, the Board adjourned executive session and resumed regular session30 Sewer Line East of ClaytonCommissioner James W Cash moved that the County look favorably toward the construction of a sewer linefrom Miles Laboratories to the interceptor on the Neuse River as discussed by the Clayton Town Council CommissionerCash further moved the County Manager be directed to work with the Clayton Town Manager on this project and reportback to the BoardCommissioner Cecil M Massengill seconded the motion which carried by unanimous voteUpon a motion by Commissioner John M Booker, seconded by Commissioner Eleanor N Creech and carriedby unanimous vote, the Board adjournedNorman C Denning, ChairmanJoyce H Ennis, ClerkDetailsAnnotationsEntry PropertiesModified11192013 122744 PMCreated5132003 101106 AMTemplateMinutesFieldsMinutes - TypeRegularMinutes - Date1271992Book19