January 7, 1991 - 10:00 AM - County Board of Commissioners Meeting Minutes

j Meeting of the Johnston County - -Board of CommissionersJanuary 7, 1991The Johnston County Board of Commissioners met in regular session Monday, January 7,1991, at 10 oclock 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 MBooker, DVM, and Jerry F Wood, DDSAbsent NoneAlso Present Richard B Self, County Manager, Joyce H Ennis, Deputy Clerk to theBoard, 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 November 26th,November 28th, December 3rd, and December 10, 1990, board meetings There being no corrections,the Chairman declared the minutes approved as presented2 Department of Transportation - Addition to SystemThe Board reviewed a petition presented by NC DOT requesting Country Trails Drive,Country Trails Subdivision, Clayton Township, be added to the state secondary road system formaintenanceFollowing review, Commissioner James W Cash moved NC DOT be requested to add thisstreet to the state maintained systemCommissioner John M Booker seconded the motion which carried by unanimous vote3 Department of Transportation - Information ItemsRoss Hailey, Department of Transportation Maintenance Engineer, discussed with theBoard the following items1 Letter from J 0 Ethridge, District Engineer, in response to a request for pavingSR 15162 SR Construction Program Board of Transportation has elected to use the presentpriority ratings through June, 1993 Traffic recounts will be conducted on a fouryear basis in the future4 Award of Bids Four Oaks to South Johnston High School - Waterline and Water FacilitiesProjectBid Opening December 20, 1991 Time 2 oclock pmTim Broome, President of Ragsdale Consultants, reviewed with the Board the followingbids received on December 20, 1990, for construction of water facilities and waterline from FourOaks to SJHS Bids were received in three divisionsDivision I - Waterline ConstructionJ Fletcher Creamer Sons - Raleigh, NCBryant Electrical - High Point, NCHare Pipeline Construction - Apex, NCBelcher Utilities - Cary, NCCK Andrews - Fayetteville, NCState Utilities - Monroe, NCBoykin Construction - Kenly, NCYates Construction - Stokesdale, NCJR Lynch Sons - Pilot Mountain, NCTA Loving - Goldsboro, NCBillings Garrett - Raleigh, NCGreenville Paving - Greenville, NCWilkerson Contracting - Morrisville, NCFL Showalter, Inc - Lynchburg, VAWE Blacicnon Const - Smithfield, NCWright Lopez, Matthews, NCST Wooten - Wilson, NCDellinger, Inc - Monroe, NC 948,59000953,60500953,87500965,00000967,09837997,741501,023,860001,027,539001,053,813501,055,065001,087,187501,087,411321,088,767601,094,769001,095,284251,096,585001,116,499001,167,37750tF1,i661January 7, 1991 ContinuedFollowing discussion, Comnissioner Jerry F Wood moved that contracts be awarded to thefollowing low bidders for the Four Oaks to South Johnston High School water facilities projectTotal project cost to be 1,865,000 and financed with State Clean Water Loan moneyDivision I J Fletcher Creamer SonsRaleigh, NC 948,59000Division II Phoenix FabricationNeuman, GA 482,57100Division III Watson ElectricalWilson, NC 85,28000Commissioner Frank B Holding seconded the motion which carried by unanimous vote5 Full -Time Engineer Requested on Four Oaks to South Johnston High School ProjectCommissioner Frank B Holding moved that Ragsdale Consultants be requested to provide afull -time engineer during construction on the Four Oaks to South Johnston High School WaterSupply Facilities projectCommissioner John M Booker seconded the motion which carried by unanimous vote6 Ragsdale Consultants - Adjustment to Engineering Fees - Four Oaks to South JohnstonHigh School Waterline ProjectTim Broome informed the Board that engineering services on the Four Oaks to BensonWaterline project began in 1988, and due to the increased scope of improvements and unplanneddelays in project completion, he requested the administration fee for the construction phasetechnical services be adjusted upward from 23,73500 to 28,51500, and that Ragsdales updatedper -diem rate schedule for additional authorized miscellaneous services be approvedFollowing discussion, Commissioner James W Cash moved that engineering fees on theFour Oaks to Benson waterline project for Ragsdale Consultants be adjusted from 23,735 to28,515 and that the Board approve Ragsdales updated per -diem rate schedule for authorizedmiscellaneous services for the remainder of the project7 Public Hearing Rezoning Request #009 - Clayton Township AR R -40 to Highway Business -4Advertised December 14, December 18, 1991 - The Smithfield HeraldNotices posted at location Certified Letters mailed on 12290 to adjoining propertyownersThe Chairman opened the Public Hearing and invited anyone who wished to address theBoard on the following rezoning caseRezoning Request # 009 Southwind Developoent Company - 203 acres, Highway 42, ClaytonTownship AR R -40 to HB-4Jeff Coutu, County Planning Director, presented a map of the acreage underconsideration, pointing out the zoning of adjacent property Mr Coutu explained that inaccordance with the Countys usual procedure for rezoning cases, the Planning Board held apreliminary hearing on this case at their December meeting and will further consider thisrezoning request at their next regular meeting, at which time they will determine theirrecommendation to be presented to the Commissioners at the February regular board meetingN Hamner Gay Co - Lynchburg, VA 1,224,96200Central Builders, Inc - Rocky Mount, NC 1,261,32500Division II - Elevated TankPhoenix Fabricators - Neuman, GA 482,57100Brown Steel Const - Neuman, GA 508,40000Caldwell Tanks - Louisville, KY 526,00000PDM - Atlanta, GA 559,00000Division III - ElectricalWatson Electrical - Wilson NC 85,28000TA Loving - Goldsbord, NC 99,92500Barnes Powell Electric - Elm City, NC 103,50000Bitting Electric Inc - Cary, NC 109,20000Following discussion, Comnissioner Jerry F Wood moved that contracts be awarded to thefollowing low bidders for the Four Oaks to South Johnston High School water facilities projectTotal project cost to be 1,865,000 and financed with State Clean Water Loan moneyDivision I J Fletcher Creamer SonsRaleigh, NC 948,59000Division II Phoenix FabricationNeuman, GA 482,57100Division III Watson ElectricalWilson, NC 85,28000Commissioner Frank B Holding seconded the motion which carried by unanimous vote5 Full -Time Engineer Requested on Four Oaks to South Johnston High School ProjectCommissioner Frank B Holding moved that Ragsdale Consultants be requested to provide afull -time engineer during construction on the Four Oaks to South Johnston High School WaterSupply Facilities projectCommissioner John M Booker seconded the motion which carried by unanimous vote6 Ragsdale Consultants - Adjustment to Engineering Fees - Four Oaks to South JohnstonHigh School Waterline ProjectTim Broome informed the Board that engineering services on the Four Oaks to BensonWaterline project began in 1988, and due to the increased scope of improvements and unplanneddelays in project completion, he requested the administration fee for the construction phasetechnical services be adjusted upward from 23,73500 to 28,51500, and that Ragsdales updatedper -diem rate schedule for additional authorized miscellaneous services be approvedFollowing discussion, Commissioner James W Cash moved that engineering fees on theFour Oaks to Benson waterline project for Ragsdale Consultants be adjusted from 23,735 to28,515 and that the Board approve Ragsdales updated per -diem rate schedule for authorizedmiscellaneous services for the remainder of the project7 Public Hearing Rezoning Request #009 - Clayton Township AR R -40 to Highway Business -4Advertised December 14, December 18, 1991 - The Smithfield HeraldNotices posted at location Certified Letters mailed on 12290 to adjoining propertyownersThe Chairman opened the Public Hearing and invited anyone who wished to address theBoard on the following rezoning caseRezoning Request # 009 Southwind Developoent Company - 203 acres, Highway 42, ClaytonTownship AR R -40 to HB-4Jeff Coutu, County Planning Director, presented a map of the acreage underconsideration, pointing out the zoning of adjacent property Mr Coutu explained that inaccordance with the Countys usual procedure for rezoning cases, the Planning Board held apreliminary hearing on this case at their December meeting and will further consider thisrezoning request at their next regular meeting, at which time they will determine theirrecommendation to be presented to the Commissioners at the February regular board meeting662January 7, 1991 ContinuedJC Sonny Johnson, representing Southwind Development Company, explained the ownerplans to divide the property into two tracts for separate users; one three -acre tract andanother approximately seventeen -acre tract Both prospective users plan to construct metalbuildings on the property and conduct businesses that will, in Mr Johnsons opinion, hopefullyenhance the neighborhoodAubrey L Bridges who lives in Deertrack Subdivision near the property informed theBoard he has an option on the three -acre tract and plans to open an automotive repair shop Hesaid the property would be kept neat and would not degrade the neighborhoodElbert Iredell Batten, adjoining property owner remarked that much of his property, andthe area under consideration, stands under water due to a problem with beaversJesse Austin opposed the rezoning stating the surrounding property is primarilyresidential with two subdivisions and many older homes He asked the Board to keep the arearesidentialHoward Evans, adjoining property owner, opposed the rezoning, pointing out the propertyis in a flood plain and not suitable for heavy commercial buildings He asked the Board to keepthe area residentialJean Macak, resident of Spring Valley Subdivision which adjoins the property, presenteda petition signed by surrounding property owners opposing the rezoning She addressedenvirormnental concerns stating the property is in a flood plain and automotive products such asoil or anti- freeze could drain into the adjacent stream She requested the Commissioners denythe rezoning in order to preserve the quiet, peaceful residential neighborhoodPaul Robinson and Darryl Goodman also voiced opposition stating the rezoning wouldallow types of businesses to locate on the property which they feel would be undesirable for aresidential areaThere being no further comments, the Chairman closed the Public Hearing and stated, inaccordance with policy, this request will go back to the Planning Board to be reconsidered attheir next regular meeting on January 29, 19918 Transportation Development Plan Update — ResolutionRichard Self, County Manager, and Pat Cunningham, Executive Director of Johnston CountyCouncil on Aging, presented for the Boards approval an updated Transportation Development Planfor Johnston County Mrs Cunningham explained that DOT requested approval of an updated plan inorder for the County to be eligible to apply for State and Federal grants for replacing CountyvehiclesUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner James W Cash andcarried by unanimous vote, the following resolution was adoptedJohnston County Transportation Development PlanThe Johnston Transportation Advisory Committee has brought aTransportation Development Plan Update to the Johnston CountyBoard ofCommissioners; andVdEREAS, The Johnston County Transportation Advisory Com ittee is made up ofrepresentatives of agencies in the county in need of transportationservices; andWHFRpAS, It has been determined that coordination of services and atransportation plan is needed in Johnston County; andWHEREAS, The Transportation Development Plan would assist county agencies inobtaining State and Federal aid for the purchase of transportationvehiclesNOW TEERE ORE BE IT IT RESOLVED by the Johnston County Board of Commissionersthat the Johnston County Transportation Development Plan Update be approvedAdopted this 7th day of January, 19919 Request for Tax Refund - Jimmy HicksJohn Stott, Tax Administrator, informed the Board that Jimmy Hicks, SmithfieldTownship, has requested a property tax refund on 1989 taxes in the amount of 8072 His requestwas based on a reduction in property valuation granted by the Board of Equalization and Reviewon April 16, 1990I?663January 7 1 991 CcCommissioner Frank B Holding moved the Board approve Mr Hicks request for refundFollowing further discussion, Commissioner Holding withdrew his motion to approve therefund as state law disallows retroactive refunds and states that taxpayers must make timelyappeal10 Tax Adjustment - Wade StephensonChairman Norman C Denning informed the Board Wade Stephenson has requested his 1990taxes be adjusted on a tenant house which was destroyed by fire during the month of January,1990Commissioner James W Cash moved the Tax Administrator adjust, on a pro -rated basis,the 1990 taxes on a house in Smithfield Township, owned by Wade Stephenson which was destroyedby fire in January, 1990Commissioner Jerry F Wood seconded the motion which carried by unanimous vote11 Social Services Department Request for PositionsSocial Services Director, Earl Marett, met with the Board requesting five new positionsfor his department; four income maintenance II caseworkers and one social worker III He citedseveral reasons for needing the additional personnel 1 increase in AFDC applications andcases, 2 expansion of the family and children medicaid program, 3 increase in child abusereports which have to be investigated, 4 new regulations generated by a recent court order and,4 the general state of the economy He explained his present staff has had to work manyovertime hours accumulating large amounts of compensatory time in order to handle the workloadMr Marett introduced Betty Barnes and Donna Pittman, Income Maintenance Supervisors,who spoke on the impact of the new regulations created by the recent court order Mrs Barnesexplained the paperwork has greatly increased and they now must meet strict time standards inprocessing applications and claimsCommissioner John M Booker, who also serves as Chairman of the Social Services Board,commented on the unfortunate situation the local social service departments are in due to thecombination of expanded programs and new court ordered regulations He recognized the addedburden this puts on local governments to provide the additional necessary personnel and stated,in his opinion, the only long -term relief is through legislation Commissioner Booker pointedout that until laws are enacted to protect counties against so many lawsuits, the agencies areforced to expend more and more energy trying to comply with new rules and regulations andsubsequently, the services they provide for those in need are hurt He concluded that under thepresent circumstances, he feels he has no option but to support the request for additionalpersonnelUpon a motion by Commissioner John M Booker, duly seconded by Commissioner Frank BHolding and carried by unanimous vote, the Board approved four new income maintenance caseworkerII positions and one social worker III position for the Department of Social Services at a costto the County of 26,500 for the remainder of the 1990 -91 fiscal year12 Budget Amendment - Social Services DepartmentCommissioner Frank B Holding moved that 26,500 in unappropriated funds be allocatedfor the Countys portion of cost for new social services positionsCommissioner John M Booker seconded the motion which carried by unanimous vote13 Appointment - Youth Task ForceUpon a motion by Commissioner Frank B Holding, seconded by Commissioner Jerry F Woodand carried by unanimous vote, the Board appointed Alice Tillman ONeal to the Johnston CountyYouth Task Force to fill the unexpired term of Pamela P Smith; term to expire October, 199114 Public Hearing Set County Road NamesCommissioner John M Booker moved that the Board hold a public hearing on Tuesday,January 22, 1991, at 7 oclock pm in the Superior Courtroom, Johnston County Courthouse, forthe purpose of allowing citizens to address the Board on road names for rural roads in JohnstonCountyCommissioner Frank B Holding seconded the motion which carried by unanimous vote15 Rezoning Requests Monthly Public Hearings EstablishedUpon a motion by Commissioner Frank B Holding, seconded by Commissioner Jerry F Woodand carried by unanimous vote, the Board established 1015 am on the first Monday of eachmonth, during their regular meeting, to hold public hearings relative to rezoning casesJanuary 7, 1991 ContinuedM Resolution Proposed Construction and Financing Arrangement of Airport HangarCommissioner James W Cash moved that the following resolution be adoptedRESOLUTION REGARDING THE PROPOSE[ CONSTRUCTIONAMID FINANCING ARRANGEMENT OF AIRPORT HANGARRHEAS, the Johnston County Board of Commissioners heretofore approveda financing arrangement with regard to the construction of a new hangar by theJohnston County Airport Authority; and,WHEREAS, the previous resolution referred to the method of financing asan installment contract and the Board of Commissioners desires to clarify thatthe reference to installment contract was a promissory note evidencing a directloan from First - Citizens Bank Trust CompanyNOW, THEREFORE, BE IT HEREBY RESOLVED, that the Board of Commissionersof Johnston County hereby approves the loan from First- Citizens Bank TrustCompany to the Johnston County Airport Authority to finance the construction ofa new hangar in the amount previously approved by the Board, said loan to beevidenced by a promissory note and secured by a deed of trust and leaseassignmentAdopted this the 7th day of January, 1991, at Smithfield, NorthCarolinaCommissioner Jerry F Wood seconded the motion which carried by the following voteYea Norman C Denning, James W Cash, John M Booker, Jerry F WoodNo NoneAbstaining Frank B Holding17 Budget AmendmentsUpon a motion by Commissioner Frank B Holding, seconded by Commissioner James W Cashand carried by unanimous vote, the following budget amendments were approvedA Health Department - Maternal HealthExpenditure Increase10- 5925 -0421 Rural Obstetrical Incentive Fds 19,50000Revenue Increase10- 3519 -823 DEHNR Funds 19,50000B Social ServicesExpenditure Increase10- 6100 5700 Misc Independent Living Grant 3,39000Revenue Increase10 -3531 8200 Soc Service Admin 3,39000C Public UtilitiesExpenditure Increase615800 3400 LF Disposal Fee 65,00000615800 7400 Capital Outlay Sites 2,50000615860 4500 Contracted Services 3,00000TOTAL 70,50000Revenue Increase613814 0900 Landfill Burying Charge 65,00000613810 8270 Recycling Revenue 2,50000613813 8290 Tire Fee 3,00000TOTAL 70,50000Expenditure Increase615800 7401 Compaction Sites 2,96450Revenue Increase613713 8250 Misc Revenues 2,96450Expenditure Increase615800 1110 Postage 3,46000Revenue Increase613814 0900 Landfill Burying Charge 3,46000665January 7, 1991 Continued18 Com unity College - End of Year Unexpended FindsCounty Manager, Richard Self, informed the Board the Community College has requestedpermission to place unexpended operating and capital funds into a special capital outlay accountat year -end to be used as matching for state fundsThe Board took no action at this time19 Landfill Fees on Tires and Sales Tax on New TiresIn response to a question concerning the fees charged on tires at the County landfilland the revenue realized from sales tax on new tires, the County Manager explained that SenateBill 111 provides for a landfill fee sales tax revenue comparison to be done as of March 1,1991, and appropriate adjustments made on landfill fees effective June 30, 199120 Subdivisions ApprovedUpon the recomnendation of the Johnston County Planning Board, the followingsubdivisions were considered for approvalA Pecan Estates Section III, NH Jones, Owner; off SR 1934, Micro Township, 5lots; restrictions private road maintenance agreement; motion by Commissioner James W Cash,seconded by Commissioner Jerry F Wood and carried by unanimous vote; plat executed by ChairmanB Turlington Acres - Section III, WR and Fmogene Lambert, Owner; off SR 1307, ElevationTownship, 15 lots; restrictions Letter of credit for paving; motion by Commissioner James WCash, seconded by Commissioner Jerry F Wood and carried by unanimous vote; plat executed byChairmanExecutive SessionUpon a motion by Commissioner Frank B Holding, seconded by Commissioner Jerry F Woodand carried by unanimous vote, the Board recessed regular session to meet in executive sessionfor the purpose of consulting with attorneys to the extent that confidentiality is required forthe attorney to exercise his or her ethical duties as a lawyerRegular SessionUpon a motion by Commissioner Frank B Holding, seconded by Commissioner John M Bookerand carried by unanimous vote, the Board adjourned executive session and reconvened regularsession21 Public Hearing - Demolition of County Buildings - South Third StreetAdvertised The Smithfield Herald 122190 and 122890 Time 230 pmThe Chairman called the public hearing to order and invited anyone who wished toaddress the Board on the consideration for demolition of county owned buildings located on SouthThird Street, SmithfieldRoss Lampe presented a petition with twenty -eight signatures of downtown propertyowners who support tearing down the two County -owned buildings facing South Third Street inSmithfield Mr Lampe remarked the downtown area seriously needs additional parking andrequested the Board consider a public parking area at the locationSusan Lassiter, representing the Downtown Development Corporation, addressed the Boardon the importance, in her opinion, of saving the buildings She cited the following as reasonsto keep at least the storefronts intact 1 preservation of the historical crossroads, 2recruiting newcomers to locate in the downtown area, 3 enhancement of the tax base, and 4 aboost to the local downtown retail businesses She thanked the Board for holding this publichearing and asked them to work with the Downtown Development Corporation concerning thisprojectMrs Lassiter introduced Jerry Traub, a Raleigh Architect who specializes in preservinghistorical buildings Mr Traub pointed out what he believes are the pros and cons ofdemolishing these buildings The pros included 1 additional parking space, 2 amiddle -of -the -block connector from Third Street to the Courthouse and, 3 a possible mini -parkThe cons he cited were 1 dangerous middle -of- the -block entrance at Third Street, 2 room forfew parking spaces, 3 actual cost of demolition, 4 problem of reinforcing a wall comnon withadjacent building, 5 possible asbestos and 6 relocation of work functions currently in thebuildings He suggested the County might postpone demolition to see if the property can beleased to the Countys benefit, or possibly improved to expand the Countys use by locatingother agencies An alternate suggestion was that the Board partially demolish the structuresleaving the front facade and still create parking in the interior of the block He urged theBoard to work with the Town of Smithfield and the Downtown Development Corporation in preservingthis historical streetJanuary 7, 1991 ContinuedRay Gibbs, Executive Director of Smithfield Downtown Development Corporation, pointedout the Third Street block is the last downtown block still intact, and to disturb thesebuildings would hurt the chance for the area being declared a National Historic District Hepresented several drawings showing optional plans for maintaining the store fronts and opening ?the interior of the block for landscaped parking He asked the Board to postpone their decisionuntil they considered these optional plansBarbara Taylor, president -elect of the Smithfield -Selma Area Chamber of Cannercepresented a letter from the Chamber asking the Board to consider all possible alternativesbefore demolishing these buildingsAttorney Jimmy Narron, adjoining property owner, stressed the need for additionaldowntown parking and stated, in his opinion, practicality should be more important thanappearance He urged the Board to tear down the buildings and provide a public parking lotFormer Smithfield Mayor, Kenneth Baker, also spoke in favor of tearing down thebuildings, reflecting that the character of the downtown area has changed over the years, andstated he feels leaving the structures would not help the downtown areaAttorney Jim Levinson favored demoliton of the structures to provide public parkingConcerning the suggestion to keep the front portions, he commented the County doesnt need to bein property - leasing competition with the private sectorJane Ann DeLeon, Smithfield resident, opposed total demolition of the buildings statingshe shopped in downtown Smithfield during Christmas and found no problem with parking Shecommented she feels -a variety of shops would bring the public to the downtown area to shopTom Berkau, Smithfield Town Councilman and local attorney, asked the Board to considerthe alternatives before deciding on demolition He pointed out the downtown revitalization whichhas already been accomplished, and asked that the board keep the integrity of the downtownhistorical district intact He suggested a committee be formed of all interested parties toestablish common goals and find solutionsCommissioner Frank B Holding maintained that the property was originally bought by theCounty for the purpose of providing an opening from the Courthouse Camplex to Third Street, andnoted that under those circumstances, the only logical action would be to tear down thebuildings and incorporate the property into the premises He pointed out the Board has to arepresent the entire County and cannot limit its focus to historical preservations or getinvolved with trading and selling real estateChairman Norman C Denning concurred, adding the only way the Board can show good faithto taxpayers across the County is to carry out their original intentionsCommissioner James W Cash and Commissioner Jerry F Wood agreed the Board should staywith the original plans to tear down the buildings to provide additional parkingCommissioner John M Booker noted he voted against buying the properties because of thehigh prices; however, since the County does own them and the buildings are in such poorcondition, he agreed they should be torn down and the property put to good use He alsorecommended the Board address the question of where to relocate the maintenance office and shopcurrently located in one of the buildingsThere being no further comments, the Chairman closed the public hearing22 County to Obtain State Permit to Demolish Third Street BuildingsCommissioner Frank B Holding moved that County Manager, Richard Self, be instructed toapply for the necessary permits to demolish the county -owned buildings facing South ThirdStreet, SmithfieldCommissioner James W Cash seconded the motion which carried by unanimous voteExecutive SessionUpon a motion by Commissioner Frank B Holding, seconded by Commissioner James W Cashand carried by unanimous vote, the Board recessed regular session to meet in executive sessionto discuss acquisition of real estateRegular SessionUpon a motion by Commissioner John M Booker, seconded by Commissioner James W Cashand carried by unanimous vote, the Board adjourned executive session and reconvened regularsession667January 7, 1991 ContinuedUpon a motion by Commissioner John M Booker, seconded by Commissioner Jerry F Woodand carried by unanimous vote, the Board recessed regular session until 630 pm on January 8,1991tNorman C Denning, ChairmanJoy H Ennis, Deputy erkDetailsAnnotationsEntry PropertiesModified11192013 10504 PMCreated3282003 120013 PMTemplateMinutesFieldsMinutes - TypeRegularMinutes - Date171991Book18