March 2, 1992 - 10:00 AM - County Board of Commissioners Meeting Minutes

March 2, 1992The Johnston County Board of Commissioners met in regular session Monday, March 2, 1992, at 10oclock am in the Commissioners Room, Johnston County Courthouse Annex, Smithfield, North Carolina,with the following members presentNorman C Denning, Chairman, Frank B Holding, Vice Chairman, James W Cash, John M Booker,DVM, and Jerry F Wood, DDSAbsent NoneAlso Present Richard B Self, County Manager, Joyce H Ennis, Clerk to the Board, and W R Britt,County AttorneyThe Chairman called the meeting to order and the following business was transacted1 MinutesThe Chairman asked if there were any corrections to the minutes of the February 3, February 4, andFebruary 18, 1992, board meetings There being no corrections, the Chairman declared the minutes approvedas presented2 Department of Transportation Additions to SystemThe Board reviewed petitions presented by the North Carolina Department of Transportationrequesting the following roads be added to the State Secondary System for maintenanceCrestwood Drive and Crestwood Court in Crestwood Subdivision, Cleveland TownshipFollowing review, Commissioner Frank B Holding moved that N C Department of Transportationbe requested to add these roads to the State Maintained systemCommissioner James W Cash seconded the motion which carried by unanimous vote3 Department of Transportation SR 1300Upon notice that the North Carolina Department of Transportation has been unable to obtain right ofway on Regan Road, SR 1300, Commissioner Jerry F Wood moved the Board concur with therecommendation of JO Ethridge, District Engineer, that the State Right of Way Department abandon effortsto obtain right of way on this road and that funds be transferred to other secondary road projects in JohnstonCountyCommissioner James W Cash seconded the motion which carried by unanimous vote4 Public Hearing Rezoning RequestAdvertised February 14 21, 1992 - The Smithfield HeraldNotices posted at locations and certified letters mailed to adjoining property owners onFebruary 13, 1992The Chairman opened the public hearing and invited anyone who wished to address the Board on thefollowing rezoning requestsA CASE #024 Petition to rezone a one acre parcel, located in Clayton Township on SR1555 Barber Mill Road, approximately 500 feet north of the intersection with SR 1557Jack Road, from AgriculturalResidential 40 to Highway Business Special Use DistrictPetitioner Rick MeadowsJeff Coutu, County Planning Director, pointed out on a map the area under consideration and notedthe surrounding zoning He reported Mr Meadows has an auto repair business on adjacent property andwould like to expand The Planning Board recommended approval202Rick Meadows explained the property is directly behind his house and existing business He plans toexpand the business to the back of the property and leave the house as a residence He informed the Boardthe deed to his existing property would indicate the house must always remain a dwelling and be excludedfrom the businessKent Davis and wife, Tammy Davis, adjacent property owners, stated they would support therezoning as long as the house remained a dwelling and no business was conducted in front of the homeHerman Mitchner and Frances Jones also spoke in favor of the rezoningNadine Wells, adjoining property owner, opposed the rezoning stating the deed to her propertyindicates the area is residential She requests the area remain residentialB CASE #025 Petition to rezone a five acre parcel, located in Smithfield Township on SR1572 Rock Pillar Road, near the airport, approximately 1000 feet north of theintersection with SR 1501 Swift Creek Road, from AgriculturalResidential 40 to LightIndustrial Petitioner R C TaltonJeff Coutu showed a map of the area and stated the Planning Board recommended approval of therezoningDavid M Cobb, Realtor Agent for Ray C Talton, addressed the Board explaining Mr Talton has anprospective buyer who would like to establish a business on the property Light industry is currently in thearea and the property, prior to zoning, was marketed for industrial use He requested the Board approve therezoningThere being no further comments, the Chairman closed the public hearing5 Public Hearing - Special Use PermitsAdvertised February 14, 21, 1992 - The Smithfield HeraldThe Chairman opened the public hearing for citizen comment on request for the following special usepermitsA CASE #023 Special Use Permit request for a cellular radio transmission facility, locatedin Banner Township on SR 1105 Beasley Road near the intersection with Highway 50Petitioner Centel Cellular Company of Chicago, IllonoisJeff Coutu pointed out the site on a map and showed the proposed site plan He stated the PlanningBoard recommended denial of this permitQuinn Parker, Centel Cellular Company representative, summarized the many factors considered inchoosing a site for a transmissionrelay tower He explained the property in question meets the variouscriteria, including proper zoningGordon Fonville, Eastern NC Network Supervisor for Centel, addressed neighborhood concernsabout the structural stability of the tower All Centel towers meet EIA, FCC and FAA standards, and areregularly inspected by a qualified tower company and Centel maintenance engineers to insure their structuralintegrity He reported the system operates on a radio frequency licensed by FCC and designed not to interferewith telephone, television, or radio receptionArea General Manager for Centel, Bill Craigle, explained the tower is needed to expand the servicearea and tie the Fayetteville and Raleigh areas togetherEva Johnson Ivey, adjoining property owner, opposed the permit due to the number of houses in thearea, possible sound interference with portable telephones and television reception, and the constant blinkinglights Her husband John Ivey stated he owns land across from the site and feels the tower would preventdevelopment of the propertyMelvin Johnson who lives near the site also opposed the permitRobbie Hood, owner of the property, stated he lives across from the site and does not believe thetower would present a danger or depreciate the value of land in the area203B CASE #024 Special Use permit request for an automobile repair garage, located inClayton Township on SR 1555 Barber Mill Road approximately 500 feet north of theintersection with SR 1557 Jack Road Petitioner Rick MeadowsPlanning Board recommendations Approval with the following conditions1 The residence on the property remain a residence2 A six foot solid fence be placed on three sides of the property3 A five foot landscaped buffer be plantedNadine Wells voiced opposition to a business in a residential neighborhoodThere being no further comments, the Chairman closed the public hearing6 Rezoning Special Use Clayton Township - J D Sprinkler- John Dana GrahamCase #021 Rezoning Special Use Public Hearings Held February 3, 1992 Case referred back toPlanning Board for further consideration Recommendation of Planning Board after 2nd hearingDenialSenator Leo DaughtrX, Attorney for John Dana Graham, asked the Board to vote in favor ofrezoning and special use for his clientJohn Graham brought several employees to support his requestSusan Dent, resident of Riverbend Subdivision, again voiced opposition to the rezoning She statedthe neighborhood is residential and should remain residential Rachel Scarboro, and Noreen Raine who live inthe area also opposed the rezoning and special use request7 Council on Aging Request for FundsCounty Manager, Richard Self, informed the Board the Johnston County Council on Aging hasrequested a one -time appropriation in the amount of 2,955 to help meet the necessary match for State fundsto purchase a maxivan The new vehicle will replace an existing high- mileage van as part of the regularreplacement schedule established by the Countys Transportation Development PlanPaul Brown, Executive Director of Johnston County Council on Aging, explained the 24,733 vanwill be used to transport senior citizens in the Benson area He stated COA hopes to eventually provide thisservice in all areas of the CountyCommissioner Jerry F Wood, moved the Board allocate 2,955 to Council on Aging to assist in theirmatch to purchase a new van and approve the necessary budget amendmentCommissioner Frank B Holding seconded the motion which carried by unanimous voteBudget AmendmentExpenditure Increase Special Appropriations10 66506230 Council on Aging 2,95500Expenditure Decrease10 665057 Contingency Fund 2,955008 Soil Water Conservation District - Annual ReportBill Harrell, District Conservationist, presented an annual report on conservation service in JohnstonCounty He outlined the progress in implementing the 1985 Farm Bill, educational efforts, and generalconservation assistance to landusers in the CountyHe informed the Board the Black Creek Land Treatment Watershed Project has recently beenauthorized for 60,440 acres extending from Holts Lake into Wake County Seventy -five percent of theproject is in Johnston County, and depending on landuser interest, Johnston should receive approximately75 of the 1,242,650 federal funds allocated for the project2049 Smithfield Residents Water Pressure ComplaintBob Dickens, resident in the Johnston County Country Club area south of Smithfield requested theBoard address water pressure problems in his neighborhood He stated the area is growing, and withadditional customers on the line and the new link to the Four OaksBenson area, he fears the problem willbecome worseCounty Manager, Richard Self, informed the Board some temporary steps have been taken tominimize the problem He explained the pressure is now being regulated at the pump, and the level in thewater tank controlled by the Public Utilities Department He also noted the situation should improve when theSouth Johnston Water Tank is operationalTim Broome, Engineer with McKim Creed, outlined the steps necessary for a long term solution1 A by -pass transmission main that would connect to the Countys 12 main on Hwy 70 East atJohnston Community College, loop around to the 16 main at the Fieldcrest Building and tie back inclose to Dash -In on Hwy 301 Cost 495,0002 Elevated Tank at school bus maintenance garage on SR 1341 and Hwy 301 Cost 325,000Susan Lassiter, member of the Smithfield Town Council and resident of South Smithfield, reportedshe has met with a group of residents from the Hunting Ridge Country Club area to discuss the problemConsidering the increased demand on water expected during the summer months, she asked the Board toproceed with long -term solutions as soon as possible Barbara Taylor who is building a home in the CountryClub also asked the Board to find a solution to this problem10 North Carolina Forestry Service Request for New Facilities - New RadioBennie Casey, Johnston County Forest Ranger, informed the Board Forestry Service in the Countyneeds a larger office and equipment shelter Building on the existing site is impracticable as the property is toosmall, and provides inadequate drinking water and plumbingHe explained Johnston County is 18th on the States list for assistance; however, if the necessary landwas available, he believes Johnston would move up considerably on the list He asked the Commissioners toconsider providing a minimum of two acres of land at a central location for forestry service facilitiesThe Board agreed to consider this requestRadio Request Mr Casey informed the Board the forestry Service needs a new four frequencyportable radioUpon a motion by Commissioner Frank B Holding, seconded by Commissioner John M Booker andcarried by unanimous vote, the Board authorized the purchase of a four frequency radio for the ForestryService and approved the necessary budget amendment from contingencyBudget AmendmentExpenditure Increase10- 665 -62 NC Forestry 80000Expenditure Decrease10- 665 -57 Contingency 8000011 County Funding on Aging Lead Agency Designated - Advisory Committee AppointedCommissioner Jerry F Wood moved the Johnston County Department of Social Services bedesignated Lead Agency for County Funding for Aging Commissioner Wood further moved the members ofthe Social Services Board serve as Block Grant Advisory Committee with Earl Marett, Director of DSS, andPaul Brown, Executive Director of Council on Aging, as ex- officio membersCommissioner John M Booker seconded the motion which carried by unanimousvote20512 Johnston Memorial Hospital Designated Personal Care ProviderUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Frank B Holding andcarried by unanimous vote, the Board designated Johnston Memorial Hospital as Personal Care Provider forJohnston County13 Rezoning and Special Use RequestsThe Board made the following decisions on Rezoning Special Use RequestsA CASE #024 Rezoning and nd Special Use Request from Rick Meadows - SR 1555 Barber Mill RoadClayton Township ARR -40 to Highway Business Special Use District for Automobile RepairGarageThe Board Tabled this request until their next meetingB CASE #025 Rezoning Request from R C Talton - SR 1572 Rock Pillar Road near AirportARR -40 to Light IndustrialUpon a motion by Commissioner Frank B Holding, seconded by Commissioner Jerry F Wood andcarried by unanimous vote, the Board approved rezoning of a five acre parcel on SR 1572, approximately 1000feet north of intersection with SR 1501 from ARR -40 to Light Industrial CASE #025- R C TaltonC CASE #021 Rezoning and nd Special Use Request from John Dana Graham - ClaytonTownship 17 acre on SR 1705 Clayton Township from ARR -40 to Light Industrial SpecialUse District - J D SprinklerUpon a motion by Commissioner James W Cash, seconded by Commissioner Jerry F Wood andcarried by unanimous vote, the Board denied rezoning on Case # 021 John and Dana Graham Q DSprinkler, Clayton TownshipD Case #023 Special Use Permit Request Centel Cellular Company of Chicago, Illinois forCellular Radio Transmission Facility in Banner Township on SR 1105The Board tabled this request until their next meeting14 County Parking Lots to be Used Ham Yam FestivalCommissioner Frank B Holding moved the Board grant the Downtown Smithfield DevelopmentCorporation permission to use County parking lots on Johnston and Second Streets and Johnston and ThirdStreets for the Ham Yam Festival April 24 -25 1992Commissioner John M Booker seconded the motion which carried by unanimous vote15 Community Action Anti - Poverty Plan for 1993Upon a motion by Commissioner Jerry F Wood, seconded by Commissioner Frank B Holding andcarried by unanimous vote, the Board approved the Johnston -Lee Community Action Anti- Poverty Plan for199316 Johnston -Lee Community Action Head Start ServicesCounty Manager, Richard Self, informed the Board Johnston -Lee Community Action has theopportunity to apply for State funds to purchase a modular classroom This would provide sufficient space toexpand services for twenty additional Head Start children Application for the funds requires the BoardssupportUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner John M Booker andcarried by unanimous vote, the Board expressed their full support of efforts to expand Head Start services inJohnston County17 Appointments ApprovedA Johnston -Lee Community Action BoardUpon a motion by Commissioner Frank B Holding, seconded by Commissioner John M Booker andcarried by unanimous vote, the Board reappointed Helen R Holt to the Johnston -Lee Community ActionBoard for two year term to expire March 31, 1994206B Fire Protection District CommissionsUpon a motion by Commissioner John M Booker, seconded by Commissioner Frank B Holding andcarried by unanimous vote, the Board made the following appointments to Fire Protection DistrictCommissions for two year termsMeadow Fire Protection district Commission - Anthony Godwin, Samuel Neal Johnson, and GlennClifton reappointedONeals Fire Protection District Commission Rudy S Johnson reappointedStricklands Crossroads Fire Protection District Commission Max Johnson and Mark ThorntonappointedWilsons Mills Fire Protection District Kenneth R Jones appointedWynn Fire Protection District Commission William Mark Allen, T Gerald Lee, Timothy J PurvisreappointedMicro Fire Protection District Commission J T Price reappointedBoon Hill Fire Protection Commission Jerry Craig Baker and Gresham Lee reappointedC Local Emergency Planning Commission SARAUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner James W Cash andcarried by unanimous vote, the Board made the following two year appointments to the Local EmergencyPlanning Commission SARAReappointed Ray Eatmon, Bill Harrell, Ray Munns and Sheila Smith Appointed Calvin J Genereux,Barna O Wilder and William G VauseD Council on Status of WomenUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Frank B Holding andcarried by unanimous vote, the Board appointed Genelle P Dale to the Council on Status of Women for atwo year term to expire March 31, 1994E Town of Smithfield Board of Adjustment and Planning BoardAt the recommendation of the Smithfield Town Council, Commissioner Frank B Holding moved thatWilliam S Ragsdale III be appointed as ETJ full member to the Smithfield Board of Adjustment, and LeoFetzer be appointed as ETJ member of the Smithfield Planning BoardCommissioner John M Booker seconded the motion which carried by unanimous voteF Town of Clayton Board of AdjustmentAt the recommendation of the Clayton Town Council, Commissioner James W Cash moved thatFrank Price be appointed as alternate member to the Board of Adjustment for a three year term expiringDecember, 1994Commissioner Jerry F Wood seconded the motion which carried by unanimous vote18 Recreation Grant ApprovedUpon a motion by Commissioner James W Cash, seconded by Commissioner Frank B Holding andcarried by unanimous vote, the Board approved a recreation Grant for Clayton High School PTSO in theamount of 2,00019 Budget Project Ordinances ApprovedUpon a motion by Commissioner Frank B Holding, seconded by Commissioner James W Cash andcarried by unanimous vote, the Board approved the following budget ordinancesCOUNTY OF JOHNSTONENVIRONMENTAL PROTECTION AGENCY - WASTEWATER TREATMENT PLANT LOANPROJECT BUDGET ORDINANCEBe it ordained by the Johnston County Board of County Commissioners, pursuant to NorthCarolina GS 159 -8 and 159 -132, the following grant project ordinance is hereby adopted207Section 1 The project authorized includes water and sewer improvements as contained in thegrant agreement identified as Project Number CS370560 -05 between this unit and theEnvironmental Protection Agency and its administering agent, Construction Grants and LoansSection of the Division of Environmental ManagementSection 2 The officers of this unit are hereby directed to proceed with the grant project withinthe terms of the grant documents, the rules and regulations of the Economic DevelopmentAdministration and the budget contained hereinSection 3 The following revenues are anticipated to be available to complete the projectWater Pollution Control RevolvingLoanTotal4,463,0004,463,000Section 4 The following line items are created for this project and appropriations[Will fill in according to EPA approved Budget]Admin and Legal Expenses Land, Structures, and rights -of -wayappraisalsRelocation expenses and paymentsArchitectural and engineering feesOther Architectural and Eng FeesProject inspection fees and auditDemolition and removal ConstructionEquipmentContingenciesTOTAL PROJECT COSTS4,463,000Section 5 The finance officer is hereby directed to maintain within the Grant Project Fundsufficient specific detailed accounting records to provide the accounting to the grantor agencyrequired by the grant agreement and federal, state and local regulationsSection 6 Funds may be advanced from the General Fund for the purpose of making paymentsas due Reimbursement requests should be made to the grantor agency in an orderly and timelymannerSection 7 The finance officer is directed to report monthly on the financial status of eachproject element and on the total grant revenues received or claimedSection 8 The budget officer is directed to include a detailed analysis of past and future costsand revenues on this grant project in every budget submission to the Board of CommissionersSection 9 Copies of this grant ordinance shall be made available to the budget officer and thefinance officer for direction in carrying out this projectThis ordinance adopted this 2nd day of March, 1992COUNTY OF JOHNSTONECONOMIC DEVELOPMENT ADMINISTRATION - PUBLIC WORKS GRANTPROJECT BUDGET ORDINANCEBe it ordained by the Johnston County Board of County Commissioners, pursuant to NorthCarolina GS 159 -8 and 159 -132, the following grant project ordinance is hereby adoptedSection 1 The project authorized includes water and sewer improvements as contained in thegrant agreement identified as Project Number #04 -01 -03822 between this unit and theEconomic Development Administration, US Department of CommerceSection 2 The officers of this unit are hereby directed to proceed with the grant project withinthe terms of the grant documents, the rules and regulations of the Economic DevelopmentAdministration and the budget contained hereinSection 3 Revenues to complete this project include a 76,100 Small Cities CommunityDevelopment Block Grant and 98,000 Johnston County funds Utilicom CDBG Project #90-C- 8090; and 4,010,000 of a 4,463,000 Environmental Protection Agency Loan ProjectNumber CS370560 -05 for which separate Project Ordinances have been adopted Excludingthe preceding revenues specified in individual Project Ordinances, the following revenues areanticipated to be available to complete the projectEconomic Development Administration 1,500,000Johnston County 266,000TOTAL 1,766,000Section 4 The following line items are created for this project and appropriationsAdministrative and legal expenses 78,000Land, Structures, and right -of -wayappraisals, etc 70,000Relocation expenses and payments 1,000Architectural and Engineering fees 379,900Other architectural and engineering fees 30,000Project Inspection fees and audit 90,000Demolition and removalConstruction 4,752,800Equipment 2,100Contingencies 546,200TOTAL PROJECT COSTS 5,950,000Section 5 The finance officer is hereby directed to maintain within the Grant Project Fundsufficient specific detailed accounting records to provide the accounting to the grantor agencyrequired by the grant agreement and federal, state and local regulationsSection 6 Funds may be advanced from the General Fund for the purpose of making paymentsas due Reimbursement requests should be made to the grantor agency in an orderly and timelymannerSection 7 The finance officer is directed to report monthly on the financial status of eachproject element and on the total grant revenues received or claimedSection 8 The budget officer is directed to include a detailed analysis of past and future costsand revenues on this grant project in every budget submission to the Board of CommissionersSection 9 Copies of this grant ordinance shall be made available to the budget officer and thefinance officer for direction in carrying out this projectThis ordinance adopted this 2nd day of March, 199220 Rescue Association Request Meeting with CommissionersThe Board agreed to meet with the Johnston County Rescue Association on Monday, March 16, 1992,at 700 pm to discuss future operation of the Countys rescue squads21 Government Complex Parking Lot - North Street Improvement NeededCounty Manager, Richard Self, informed the Board paving of the Government Complex Parking Loton North Street will begin the week of March 9thThe Board discussed the fact that DOT will be adding a turn lane on North Street when they widenHwy 301 in that intersectionUpon a motion by Commissioner Frank B Holding, seconded by Commissioner Jerry F Wood andcarried by unanimous vote, the Board instructed County Manager, Richard Self, to explore with the Town ofSmithfield and NC Department of Transportation the possibility of widening and improving North Streetbetween 7th Street and Hwy 30120922 Out -of- County WasteFollowing discussion concerning out -of- county haulers bringing sludge into Johnston County,Commissioner Frank B Holding moved the Board instruct the County Manager and Public Utilities Directorto draft the necessary ordinance to prevent dumping of any kind of out -of- county waste in Johnston CountyCommissioner Holding further moved the Board authorize the Public Utilities Department to refuse any out -of- county waste until the proper ordinance can be adoptedCommissioner Jerry F Wood seconded the motion which carried by unanimous voteEXECUTIVE SESSIONUpon a motion by Commissioner James W Cash, seconded by Commissioner Jerry F Wood andcarried by unanimous vote, the Board recessed regular session to meet in executive session for the purpose ofdiscussing acquisition of real propertyREGULAR SESSIONUpon a motion by Commissioner John M Booker, seconded by Commissioner Frank B Holding andcarried by unanimous vote, the Board adjourned executive session and resumed regular sessionCommissioner John M Booker moved the Board recess until 700 pm Monday, March 16, 1992Commissioner Frank B Holding seconded the motion which carried by unanimous voteNorman C Denning, ChairmanJoyce H Ennis, ClerkDetailsAnnotationsEntry PropertiesModified11192013 22256 PMCreated5142003 103132 AMTemplateMinutesFieldsMinutes - TypeRegularMinutes - Date321992Book19