February 3, 1992 - 10:00 AM - County Board of Commissioners Meeting Minutes

February 3, 1992The Johnston County Board of Commissioners met in regular session Monday, February 3, 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 January 6, 1992 boardmeeting There being no corrections, the Chairman declared the minutes approved as presented2 Proclamation Hunger Awareness MonthRichard Williams, Associate Pastor of Centenary Methodist Church, reported on the work being doneby the County Area Ministries toward eliminating hunger in Johnston County He asked the Board to declareFebruary as Hunger Awareness MonthUpon a motion by Commissioner James W Cash, seconded by Commissioner Frank B Holding andcarried by unanimous vote, the Board adopted the following proclamationPROCLAMATIONHUNGER AWARENESS MONTHWHEREAS, the quality of life in Johnston County depends on thehealth of our people and the environment in which we live with one of the prerequisites togood health being a proper diet; andWHEREAS, the area ministries of Benson, Clayton, Emit, Four Oaks, Kenly, PineLevel, Selma, and Smithfield recognize that a hungry person finds it very difficult to be aproductive citizen, and their goal is to distribute food to the needy, both local and transientwith the motto -- The People of God will not let the needy of His people go hungry; and,WHEREAS, the observance of HUNGER AWARENESS MONTH is designed toinform the public that hunger does, indeed, exist and to enlist public support and participationin this program to aid in alleviating hungerNOW THEREFORE BE IT RESOLVED that the JOHNSTON COUNTYBOARD OF COMMISSIONERS do hereby proclaim the month of February, 1992, asHUNGER AWARENESS MONTH and encourages everyone to take a more active role inefforts to eliminate hunger and make Johnston County a healthier andhappier place to live3 Proclamation Land Surveyors WeekUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Frank B Holding andcarried by unanimous vote, the Board adopted the following proclamationPROCLAMATION - LAND SURVEYORS WEEKWHEREAS, land surveying is defined as the measurement of dimensionalrelationships, such as horizontal distances, elevations, directions, and angles on the earthssurface and is used in mapmaking, construction layout, and locating property boundaries; andWHEREAS, without surveyors, progress would have been severely crippled as landsurveyors determined the boundaries of North Carolina and Johnston County and played aleading role in the development of our transportation system; and•WHEREAS, the North Carolina Society of Surveyors, Inc was founded at NorthCarolina State University in Raleigh in 1939 and for more than 50 years has provided guidanceto surveyors throughout our state to insure integrity and professionalismNOW THEREFORE THE JOHNSTON COUNTY BOARD OFCOMMISSIONERS DOES HEREBY PROCLAIM FEBRUARY 2 THROUGHFEBRUARY 8, 1992, AS LAND SURVEYORS WEEK IN JOHNSTON COUNTY andcommend this observance to our citizensAdopted this 3rd day of January, 19924 Kenneth Deacon Jones - Member of Board of EducationKenneth Deacon Jones, Johnston County businessman and member of the Board of Education,thanked the Commissioners for their efforts in improving Johnston County He commented on the big stridesbeing made by the Countys school system and recognized the Board for their help5 Brogden Fire Department Tax Exempt LoanCommissioner Jerry F Wood moved the Board adopt the following resolutionAPPROVAL OF TAX - EXEMPT LOAN TO VOLUNTEER FIREDEPARTMENT BY BOARD OF COMMISSIONERSNOW, THEREFORE, BE IT HEREBY RESOLVED, that the Board ofCommissioners of Johnston County, North Carolina, does hereby approve a tax - exempt loanto Brogden Rural Fire Department, Inc [the VFD ], from First Citizens Bank and TrustCompany, in the principal amount of 93,30300, which loan is for the following purposeThe purchase by the VFD of a fire truck which fire truck will be owned and operatedby the VFD, and will be maintained at the following addressRoute 2, Box 384Smithfield, NC 27577Duly certified by the execution hereof and the placement hereon of the seal of saidcounty, this the 3rd day of February, 1992Commissioner James W Cash seconded the motion which carried by the following voteAye Norman C Denning, Jerry F Wood, John M Booker, James C CashNo NoneAbstaining Frank B Holding6 Recreation Grants ApprovedUpon a motion by Commissioner Frank B Holding, seconded by Commissioner James C Cash andcarried by unanimous vote, the Board approved the following recreation grants and subsequent budgetamendmentCleveland Athletic Association, 2,000; Glendale Kenly Elementary School,2,000; Smithfield Parks Recreation, 2,000Expenditure Increase - Special Appropriations10 66506220 Recreation Grants 6,00000Expenditure Decrease10 665057 Contingency Funds 6,000007 Budget Amendments ApprovedA Social Services DepartmentUpon a motion by Commissioner John M Booker, seconded by Commissioner Frank B Holding andcarried by unanimous vote, the Board approved the followingbudget amendmentExpenditure Increase10- 61101901 CP L Crisis Monies 6,00000Revenue Increase10 -3531 8200 Social Services Admin 6,00000190B Health DepartmentUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner John M Booker andcarried by unanimous vote, the Board approved the following budget amendmentExpenditure Increase - Maternal Health10- 59250241 Rural OB Care 14,23400Revenue Increase - Maternal Health10- 3519 -823 DEH NR 14,23400C Sheriffs DepartmentCommissioner Jerry F Wood moved the Board approve the following budget amendmentExpenditure Increase - General Fund1051007400 Capital Outlay 14,34730Revenue Increase - General Fund103433 -12 Controlled SubstTax Distrib 14,34730Commissioner Frank B Holding seconded the motion which carried by unanimous voteD Health Department - Family PlanningUpon a motion by Commissioner James W Cash, seconded by Commissioner Jerry F Wood and carriedby unanimous vote, the Board approved the following budget amendmentExpenditure Increase - Family Planning10 -5960 -0200 Salaries 1,0000010 -5960 -4600 Medical Supplies 1,50000Revenue Increase - Family Planning10- 3519 -83 Male Inv Gt DEH NR 2,50000E Health Department - Family PlanningUpon a motion by Commissioner Frank B Holding, seconded by Commissioner James W Cash andcarried by unanimous vote, the Board approved the following budget amendmentExpenditure Increase10 -5960 -4660 MCH Block Grant 12,19200Revenue Increase10- 3519 -83 MCH Block GrantDEH NR 12,193008 Disposal of Obsolete PropertyCounty Manager, Richard Self, reported the following items which were beyond repair were disposed ofat the County landfill 3 desks, 18 chairs, 1 mower9 A 17 acres on SR 1705, Clayton Township, 500 feet North of RiverbendSubdivision from ARR -40 to Light Industrial Special Use District; Petitioner John DanaGrnhnm_Jeff Coutu, County Planning Director, pointed out on a map the area under consideration and noted thesurrounding zoning He stated the Planning Board, following opposition at their January 28 hearing,recommended the request be referred back to them for further considerationJohn Graham, petitioner, spoke briefly of his plans to build a shop at the location He stated his operationwould not detract from the community or create excess traffic191Susan Dent who lives in Riverbend Subdivision spoke in opposition to the rezoning saying thecommunity should remain residential She pointed out the proposed business would create problems withincreased traffic, road deterioration due to heavy vehicles, and excessive noiseAnthony West, resident of Riverbend Subdivision and employee of NC Department of Transportation,voiced concerns that property values would decrease and current drainage problems would be made worse bya commercial operation He also spoke of the detrimental effect of heavy traffic on their roadWade Holloway, Todd Givens, Clyde Castleberry Cathy West also spoke in opposition to therezoningDana Graham explained she and her husband would like to build their business on the property andbecome a part of the neighborhood She stated the establishment would be well maintainedB WITHDRAWN - Petition to Rezone 189 acres at intersection of SR 1555 and SR 1552, ClaytonTownship, Petitioner Charlie AikenThere being no further comments, the Chairman closed the public hearing10 Rezoning Request Referred Back to Planning BoardUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner James W Cash and carriedby unanimous vote, the Board referred the request by John Dana Graham to rezone 17 acres in ClaytonTownship from ARR -40 to I -1 SUD back to the County Planning Board for further consideration11A John Dana Graham for the design, fabrication and installation of automatic water sprinklersfor fire protection on SR 1705 in Clayton TownshipB WITHDRAWN - Petition by Charlie AikenThere being no comments, the Chairman closed the public hearingUpon a motion by Commissioner Frank B Holding, seconded by Commissioner John M Booker andcarried by unanimous vote, the Board tabled a decision on a special use permit from John Dana Grahamuntil the request for rezoning is decided12 Home Health Hospice Care of Smithfield - Annual ReportBeverly Withrow, President of Home Health Hospice Care, Inc a non - profit corporation, reported onservices her organization provides in Johnston County She explained they are Joint - Commission Accredited,Medicare Certified and offer Home Health Skilled Nursing, Hospice Care, Private Duty Care, FacilityServices and Special Programs in eight counties including Johnston She introduced Katherine Stephenson,Office Manager in Johnston County, and Karen Holland, Hospice DirectorCommissioner James W Cash asked Mrs Withrow if the other counties she operated in have county -sponsored home health programsMrs Withrow responded some counties have home health; however, her organization currently providesthe only hospice care in those countiesThe Board thanked Ms Withrow for the presentation13 Johnston County Home CareLee Farnell, President of Johnston Memorial Hospital, informed the Board that Johnston County HomeCare is now operating under hospital administration He stated most of the staff who previously worked withthe program when it was a division of the County Health Department were re- employed by the hospitalmaking the transition a smooth one Hospice care will be available in the near future and the hospital isplanning new programs to enhance the entire operation to better serve the citizens of Johnston County192Mr Farnell introduced Ann Jessup, Director of the new program, who outlined future plans whichinclude a full range of services and full license, certification and accreditation She thanked the Board fortheir support14 Public Hearing - CDBG - Economic DevelopmentAdvertised January 21, 1992 - The Smithfield HeraldThe Chairman opened the public hearing and invited anyone who wished to address the Board on theidentification of economic needs and desired economic development activities in Johnston County He statedthe input of this hearing would be incorporated into the countys consideration and submission of a CDBGapplication to the Division of Community AssistanceMichael de Sherbinin, Economic Development Director, informed the Board the County is consideringmaking application for a 600,000 grant under the economic development portion of the Federal CDBGprogram A second public hearing will be held to discuss the applicationThere being no further comments, the Chairman closed the public hearing and stated the second publichearing would be held Tuesday, February 4, 1992, at 100 pm15 Department of Transportation Widening of HighwayCounty Manager, Richard Self, reported on negotiations with DOT concerning the sale of countyproperty along Hwy 301 for the States Hwy widening project NCDOT has offered 20,490 for the propertyand agreed to add an additional 15,000 to State funds already committed for solving drainage problems inthe areaCommissioner Frank B Holding noted the drainage situation has held up County plans to complete theparking lot at the new governmental complexAfter further discussion Commissioner Frank B Holding moved the Board sell approximately 7,193sqft along US 301 from south of US 70 to North Street in Smithfield, and grant temporary easement to NCDOT for the amount of 20,490 with the understanding DOT will allocate an additional 15,000 towarddrainage improvements in the areaCommissioner John M Booker seconded the motion which carried by unanimous vote16 Channel Master - Extension of Franchise AreaTerry Hurlihy, Manager of Channel Master Cable TV, met with the Board requesting permission toextend Channel Masters franchise into a portion of Clayton Township He explained citizens representingapproximately 300 homes along Barber Mill Road and Government Road south of Clayton have askedChannel Master for cable serviceFollowing discussion, Commissioner James W Cash moved the County approve Channel Master CableTVs extension of franchise area to Clayton Township for portions of Barber Mill Road SR 1555,Government Road SR 1556, Jack Road SR 1557 and all of Norris Road SR 1576, Slate Top Road SR1559, Big Pine Road SR 1558, and Blue Pond Road SR 1569Commissioner Frank B Holding seconded the motion which carried by unanimous voteCommissioner James W Cash asked Mr Hurlihy to check on other possible service areas in ClaytonTownshipNOTE Franchise area outlined on map and filed in the Clerks office17 Nahunta Fire Tax DistrictThe Board reviewed a request from Wayne Countys Nahunta Volunteer Fire Department and FireCommission to extend their fire tax district into Johnston County to correspond with the area they currentlyserveDewayne West, Emergency Management Director, explained Johnston County fire departments are notable to serve this area and Nahunta Fire Department has submitted the required petition from residentfreeholders requesting Johnston County levy and collect fire tax for their fire protection193Upon a motion by Commissioner Jerry F Wood, seconded by Commissioner James W Cash and carriedby unanimous vote, the Board approved the extension of Nahunta Fire Tax District into Johnston County andauthorized the levy and collection of fire tax for residents within the prescribed service area, effective January1, 1993NOTE Map and Area Boundaries on file in the Clerks office18 Award of Bids - Food Stamp Distribution Social Services DeptBid Opening January 28, 1992 at 200 pmCounty Manager, Richard Self, informed the Board identical bids were received for providing food stampdistribution for the Social Services DepartmentOffice World, Lima OhioCost Containment, Inc, Raleigh, NC 50 per issuance50 per issuanceEarl Marett, Social Services Director, reported the department has had a three year positive experiencewith Cost Containment, Inc and recommended the Board award bid to the Raleigh firmAt the recommendation of Mr Marett, Commissioner John M Booker moved the Board award contractfor food stamp distribution to Cost Containment, Inc, Raleigh, for the amount of 50 per issuanceCommissioner Frank B Holding seconded the motion which carried by unanimous vote19 Resolution Retirement of AppreciationUpon a motion by Commissioner Frank B Holding, seconded by Commissioner John M Booker andcarried by unanimous vote the Board adopted the following resolution of appreciationRESOLUTION OF APPRECIATIONWHEREAS, Martha Sanders Burns has announcedher intention to retire after twenty -one years as a valuable and dedicated employee of the JohnstonCounty Department of Social Services; andWHEREAS, she has performed her duties andresponsibilities with an obvious sense of loyalty and dedication to getting the job well done; andWHEREAS, the citizens of Johnston County and herfellow co- workers have always benefitted from Marthas sense of humor and warm smile; andand as a friendWHEREAS, she will be missed both professionallyNOW THEREFORE BE IT RESOLVED that theJOHNSTON COUNTY BOARD OF COMMISSIONERS express their sincere appreciation toMartha Burns for a job well done and extend their best wishes for many years of happiness in thefutureAdopted this 3rd day of February, 199220 Recognition County Inspectors - Level III CertificationCounty Manager, Richard Self, introduced three Johnston County inspectors who have received NCLevel III Certification, the highest level attainable, including certification in the new state fire code Only nineinspectors statewide have achieved this level of expertiseUpon a motion by Commissioner Frank B Holding, seconded by Commissioner James W Cash andcarried by unanimous vote, the Board recognized with appreciation CP Thompson, Robert D Price, andClifford Charles Coffey, and authorized certification of appreciation be presented to them andacknowledgment of their Level III Certification made an official part of the minutes of thismeeting19421 Town of Clayton - Request for FundsThe County Manager informed the Board the Town of Clayton has requested the County pay for repairsto an asphalt parking lot at Miles, Inc located on Hwy 70 east of Clayton The request stated the parking lotwas damaged when a county -owned water line near the elevated storage tank ruptured Estimated cost ofrepair 7,29250After discussion, the Board deferred action until later in the meeting22 Farmers Home Administration - Annual ReportJanice Pond with the Formers Home Administration reported on FHA activities during 1991 Shediscussed the many active programs FHA administers to help low income families, beginning farmers,community organizations, and business and industry in Johnston CountyThe Board thanked Ms Pond for her presentation23 Appointments ApprovedA Nursing HomeDomiciliary Home Advisory BoardUpon a motion by Commissioner Frank B Holding, seconded by Commissioner Jerry FWood and carried by unanimous vote the Board reappointed the following members to the JohnstonCounty Nursing HomeDomiciliary Home Advisory Board for three year terms to expire February,1995 Genevieve E Bell, Irene P Benson, Lacy Ruth Coates, Lura L Grimes, Margaret H Johnson,Barbara J Lee, Shirley J Prevette, and Linda BarbourB Fire Protection District CommissionsUpon a motion by Commissioner John M Booker, seconded by Commissioner Jerry F Wood andcarried by unanimous vote, the Board reappointed the following fire commissioners to fire protectiondistricts for two year termsArcher Lodge Fire Protection Commission Michael A Gordon, Joseph Zimmerman and James RonaldMoore, SrBeulah Fire Protection Commission Bobby Pope and Ralph PopeBoon Hill Fire Protection Commission Willard LangstonMicro Fire Protection Commission Willie L Boyette, and James Kenneth LaneONeals Fire Protection Commission J Scott Givens and Stan CreechStricklands Crossroads Fire Protection District Raymond A Massengill, JrWilsons Mills Fire Protection District Ben Youngblood and Clifford UzzleC Youth Task ForceCommissioner Jerry F Wood moved that Margaret W Parrish, Henry C Cox, William G Mann,and Allen H Wellons be appointed to the Johnston County Youth Task Force for two year terms toexpire February, 1994Commissioner Frank B Holding seconded the motion which carried by unanimous voteD Clayton Board of Adjustment Clayton Planning BoardAt the recommendation of the Clayton Town Council, Commissioner James W Cash moved thefollowing ETJ appointments be madeClayton Board of Adjustments ML Minter appointed for three year term to expire 123194Clayton Board of Adjustments Reappointed for three year terms to expire 123194 - Allen Mims,Herman Vinson Ralph CrabtreeE Citizens Involvement Council - DissolvedThe County Manager informed the Board the three remaining members of the Johnston CountyCitizens Involvement Council have resigned and recommended the Board dissolve the Council A newvolunteer organization has been formed which provides the same service for the people of JohnstonCountyUpon a motion by Commissioner John M Booker, seconded by Commissioner Frank B Holdingand carried by unanimous vote the Board dissolved the Johnston County Citizens Involvement Council19524 Countv Audit Contract AwardedThe Board reviewed informal proposals from Neighbors and Associates, Benson,and Dixon, Odom and Company, Southern Pines, for County audit services for fiscal years 1991-92,1992-93,1993 -94 The County Manager recommended the County renewits contract with Neighbors and Associates based on cost and amount of county staff time requiredFollowing discussion, Commissioner Frank B Holding moved the Board award a three year contract foraudit services to Neighbors and Associates, Benson, North Carolina, for fiscal years ending June 30, 1992,1993, and 1994Commissioner John M Booker seconded the motion which carried by unanimous vote25 Award of Bid Wastewater Collection Sanitary Sewer Improvement - US -70Opened January 14, 1992 - 200 pmThe Board reviewed the following bids received January 14, 1992, for sanitary sewer improvements toserve the commercial and industrial area along US 70 -AJF Wilkerson Cont Co, Morrisville, NC 112,98205Shiloh Utilities, Inc, Stoneville, NC 119,58900ST Wooten Const Co, Wilson, NC 127,86565Nortec Const Services, Fayetteville,NC 129,47075Billings Garrett, Raleigh, NC 129,98250Frank Horne Const, Fair Bluff, NC 134,81327RD Braswell Const, Smithfield, NC 138,48275Upon a motion by Commissioner John M Booker, seconded by Commissioner Frank B Holding andcarried by unanimous vote, the Board approved the following resolution and budget amendmentRESOLUTIONWASTEWATER COLLECTION SANITARY SEWER IMPROVEMENTSUS 70AWHEREAS, Johnston County has received and reviewed bids toconstruct US 70A Wastewater Collection Sanitary Sewer Improvements; andWHEREAS, J F Wilkerson Construction Company, Inc of Morrisville, NC submitted thelow bid in the amount of 112,98205; andWHEREAS, All necessary permits have been received with the exception of a NCDepartment of Transportation Encroachment AgreementNOW THEREFORE BE IT RESOLVED by the Johnston County Board ofCommissioners that the award of bid to JF Wilkerson Construction Company, Inc is madecontingent upon receipt of an Encroachment Agreement from the NCDOTBE IT FURTHER RESOLVED that a Notice to Proceed will not be issued until theEncroachment Agreement is received by the CountyAdopted this 3rd day of February, 1992Budget AmendmentExpenditure Increase Water Sewer20 42008810 Utilicom waterline 50,55000Revenue Increase20 399081 Fund Balance 50,55000THE COOPERATIVE EXTENSION SERVICE SERVED LUNCH TO THE BOARD ANDPRESENTED THEIR ANNUAL REPORT OF ACTIVITIES AND ACCOMPLISHMENTS19626 Town of Clayton - Request of Funds for Repair to Miles Parking LotFollowing discussion Commissioner James W Cash moved the Board assumeresponsibility for repairing the asphalt parking lot at Miles, Inc, Clayton,which was damaged by a ruptured county waterline at a cost not to exceed 7,29250, and approve theappropriate budget amendment Commissioner Cash further moved the County Manager be authorized tonegotiate the cost of repairCommissioner Frank B Holding seconded the motion which carried by unanimous voteBudget AmendmentExpenditure Increase - Special Appropriations10 66509060 Water Sewer Const Fd 7,29250Expenditure Decrease10 665057 Contingency Fund 7,2925027 Appointments Johnston County Airport AuthorityCommissioner John M Booker moved the County waive the three term, 10 year policy for appointees toCounty Boards and Commissions for Harold Keen, JohnstonCounty Airport AuthorityUpon a motion by Commissioner Frank B Holding, seconded by Commissioner James W Cash andcarried by unanimous vote, the Board reappointed Barry Hales and Harold Keene to the Johnston CountyAirport Authority for four year terms to expire February, 1996EXECUTIVE SESSIONUpon a motion by Commissioner John M Booker, seconded by Commissioner Frank B Holding andcarried by unanimous vote, the Board recessed regular session to meet in executive session for the purpose ofdiscussing possible litigation, to consider employment of an independent contractor and to discuss mattersrelating to the location or expansion of industryREGULAR SESSIONUpon a motion by Commissioner James W Cash, seconded by Commissioner Jerry F Wood and carriedby unanimous vote the Board adjourned executive session and resumed regular session28 Award of Engineering ContractCommissioner Frank B Holding moved the Board award contract to McKim Creed for design andconstruction administration services for water facilities to the proposed site of Mebane packagingCorporation at I- 40NC42 interchange area, subject to authorization of the County Manager to proceedCommissioner Jerry F Wood seconded the motion which carried by unanimous vote29 Wastewater Plant 1991 Improvement Project Bids RejectedBid Opening December 19, 1991 at 200 pmFollowing review of bids received December 19, 1991, on the Johnston Central Wastewater TreatmentFacilities 1991 Improvements project, Commissioner John MBooker moved the County reject all bids received, Division I -IV, and authorize the engineers to investigatethe portion of property that was once a landfill for the Town of Smithfield, make design changes, andreadvertise the projectCommissioner Jerry F Wood seconded the motion which carried by unanimous vote30 Amendment to Personnel PolicyCommissioner James W Cash moved the County personnel policy be amended to eliminate the one yearwaiting period on the Countys retirement program effective 2192197Commissioner Jerry F Wood seconded the motion which carried by unanimous voteUpon a motion by Commissioner John M Booker, seconded by Commissioner Frank B Holding andcarried by unanimous vote, the board adjournedNorman C Denning, ChairmanJoyce H Ennis, ClerkDetailsAnnotationsEntry PropertiesModified11192013 123450 PMCreated5142003 104429 AMTemplateMinutesFieldsMinutes - TypeRegularMinutes - Date231992Book19