April 1, 1991 - 10:00 AM - County Board of Commissioners Meeting Minutes

Meeting of the Johnston County Board of CommissionersApril 1, 19The Johnston County Board of Commissioners met in regular session Monday, April 1,1991, 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 M Booker, 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 March 3,1991, board meeting There being no corrections, the Chairman declared the minutes approvedas presented2 Economic Development Commission Presentation Prepared Food TaxLarry Massengill, as Chairman of the Johnston County Economic DevelopmentCommission, presented a plan for establishing an economic development fund to financeexpenses related to industrial growth in Johnston County He pointed out that attractingmajor industry has become very competitive and consequently, very expensive Manyprospective buyers are only considering areas where necessary infrastructure is already inplaceThe Economic Development Commission proposed a local 2 tax on prepared foods andrecommended the Board of Commissioners request our representatives in the North CarolinaGeneral Assembly to introduce local legislation enacting this tax He noted the deadline forintroducing local bills in the General Assembly is April 4thMr Massengill stressed the costs related to industrial growth will continue toescalate and place a greater strain on the Countys general fund Based on the number offood establishments along I -95 and other major highways, a 2 prepared food tax wouldlargely be collected from traveling visitorsGrover Dees, Economic Development Commission member, stated that several countiesare proposing similar taxes to supplement various revenues He added his support for theproposed tax saying he liked the idea of finding alternative revenue sources other thancontinuing to place burdens on property ownersLocal restaurateur, Arlan Guin, opposed the tax suggesting an alternative source ofincome might be countywide sale of beer or liquor -by- the - drink He commented thatrestaurant sales are down and a prepared food tax would hurt businessLarry Massengill responded the Development Commission feels the overall benefitswould offset any loss to restaurant owners for the following reasons 1 a percentage of thetax would go to the establishment to compensate for collection service, and 2 overallindustrial growth would bring more people to the area which would improve local salestaxKay Jolliff, owner of a local restaurant, also spoke in opposition to a prepared foodThe Board agreed to consider the proposal and make a decision later in the day2 Public Hearing Amendments- Zoningand SubdivisionOrdinancesAdvertised March 15, March19, 1991- The SmithfieldHeraldChairman Denning opened the public hearing and invited anyone who wished to speakon proposed amendments to the Johnston County Zoning and Subdivision OrdinancesJeff Coutu, Planning Director, briefly reviewed the proposed changes for Articles I,IV, and XI of the County Zoning Ordinance and Articles VI, VII, and IX of the CountySubdivision OrdinanceThere being no further comments, the chairman closed the public hearingi iA1, 1991 ContinuedThe Board deferred action until later in the day3 Buckhorn Reservoir - City of WilsonMike Hocutt spoke on behalf of a group of citizens from ONeals Township who opposethe City of Wilsons request to acquire Johnston County land in order to expand theBuckhorn Reservoir Mr Hocutt explained they feel the project would have a negative impacton the area and no amount of money could compensate the property owners for their losesOthers present who opposed the project were Lee J Sullivan, J B Renfrow andDennis HinnantChairman Denning thanked the group for coming and assured them the Board wouldconsider all aspects of the issue before making any decision4 Resolution Federally Mandated Local programsUpon a motion by Commissioner Frank B Holding, seconded by Commissioner John MBooker and carried by unanimous vote, the Board adopted the following resolutionRESOLUTION REQUESTING CONSTITUTIONAL AMENDMENTTO PROHIBIT FEDERALLY MANDATED LOCAL PROGRAMSWHEREAS, Congress has increased local taxes by mandating programs withoutproviding funding for such mandated programs, and thus hasavoided political responsibility for said tax increases; andWHEREAS, State and local governments have been required to respond tofederal and state funding cuts by either increasing taxes orreducing services to citizens; andWHEREAS, Mandated programs now account for approximately fifty percent oflocal tax expenditures; andWHEREAS, Funding of mandated programs through local tax dollars limits theability of the County to provide needed services, infrastructureand capital needs; andWHEREAS, The Johnston County Board of Commissioners believes that it is inthe best interest of the citizens of Johnston County to prohibitlegislation which mandates local services without providing adequatefunding for said servicesNOW, THEREFORE, BE IT RESOLVED by the Johnston County Board ofCommissioners that the Board requests of the North Carolina General Assemblyand the United States Congress that a Constitutional convention be convenedspecifically for the purpose of considering constitutional amendments toprohibit federal legislation that mandates local funding of programs or serviceswithout providing funding for said programs and servicesBE IT FURTHER RESOLVED THAT this Resolution be forwarded to every countyin North Carolina, the North Carolina Congressional delegation, the NorthCarolina Association of County Commissioners and the national Association ofCountiesThis 1st day of April, 19915 Recreation Grants ApprovedUpon a motion by Commissioner James W Cash, seconded by Commissioner Jerry FWood and carried by unanimous vote, the Board approved the following recreation grantsKenly Lions Club, 2,000; Smithfield -Selma Athletic Department, 2,000;Smithfield -Selma High School, 2,0006 Appointments ApprovedA Town of Smithfield Board of AdjustmentsUpon a motion by Commissioner John M Booker, seconded by Commissioner Frank BHolding and carried by unanimous vote, the Board appointed Billy Ferrell as alternate ETJmember to the Smithfield Board of Adjustment as recommended by the Smithfield TownCouncil¦i?147April 1, 1991 ContinuedB Fire Protection District CommissionsUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner James WCash and carried by unanimous vote, the Board made the following appointmentsWest Johnston Fire Protection District Commission Reappointed - Travis Parrish, EddieBrian Hargis and Leron A Parrish; terms to expire March, 1993Brogden Fire Protection District Commission Appointed - Linwood Wallace; term toexpire March, 1993C Local Emergency Planning Committee S A R A Commissioner James W Cash moved the following appointments be made to theJohnston County Local Emergency Planning Committee SARA Commissioner Jerry F Wood -term to expire March, 1993; State Representative Billy Creech - term to expire March, 1992;and Ray Eatmon, OSHA Representative - term to expire March, 1992Commissioner Frank B Holding seconded the motion which carried by the followingvoteYea Frank B Holding, James W Cash, John M Booker, Norman C DenningNo NoneAbstaining Jerry F Wood7 Proclamation American Business Womens Association - Education MonthUpon a motion by Commissioner Jerry F Wood, seconded byCommissioner James W Cash and carried by unanimous vote, the Boardadopted the following proclamationPROCLAMATIONJOHNSTON COUNTY CHARTER CHAPTERAMERICAN BUSINESS WOMENS ASSOCIATIONIn salute to the more than 110,000 ABWA Members for their supportiveefforts in helping women advance through education and for developing aninformed and responsible citizenry, the Board of Commissioners of JohnstonCounty hereby PROCLAIM May, 1991, as ABWA EDUCATION MONTH IN JOHNSTONCOUNTYUnanimously adopted this 1st day of April, 19918 Budget Amendments ApprovedA Sheriffs Department - Drug FundUpon a motion by Commissioner Frank B Holding, seconded by Commissioner Jerry FWood and carried by unanimous vote, the following budget amendment was adoptedExpenditure Increase35 510064 Controlled Substance 2,500Revenue Increase35 343282 Federal Drug Funds 2,500B Health Department - Home HealthUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner John MBooker and carried by unanimous vote, the Board approved the following budget amendmentExpenditure Increase10-5935 -0200 Salaries 2,895Revenue Increase10- 3519 -8251 DEH NR 2,8959 Community Development Block GrantsCounty Manager, Richard Self, informed the Board two types of grants for communityimprovements are currently available for County application A Community Development BlockGrant can be applied for on a specific targeted area, and the Energy Conservation andHousing Rehabilitation Incentive Program Grant would allow for rehabilitating houses innon - targeted areas He explained the County has CDBG matching money already budgeted, andJohnston County HAPP would provide matching funds for a Housing Rehabilitation grant Thedeadline for making applications for these grants is April 19, 1991Lula Sanders, consultant, explained the housing grants will go to non - metropolitanareas and would allow up to 10,000 per unit to restore houses throughout the County Sherecommended the County apply for both grantsWEApril 1, 1991 ContinuedUpon a motion by Commissioner Frank B Holding, seconded by Commissioner JamesW Cash and carried by unanimous vote, the Board authorized contracting with Lula Sandersto write applications for both a Community Development Block Grant and an EnergyConservation and Housing Rehabilitation Incentive Program Grant The Board furtherauthorized Mrs Anne Eason, Director of HAPP, to assist Mrs Sanders with the HousingRehabilitation application10 Public Hearing Date Set - Community Development Block GrantThe Board set Monday, April 22, 1991, at 700 pm to hold a public hearing on aCounty application for a 1991 Community Development Block Grantll Secondary Road #2114 - Request for PavingCommissioner James W Cash moved the petition presented to the Board requestingpaving of SR# 2114, ONeals Township, be forwarded to the NC Department of Transportationwith the Boards recommendation for considerationChairman Jerry F Wood seconded the motion which carried by unanimous vote12 Public Hearing 201 Wastewater AmendmentAdvertised March 1, 1991 The Smithfield HeraldMarch 2, 1991 The News ObserverChairman Norman C Denning opened the public hearing and invited anyone whowished to address the Board on the 201 Wastewater Facilities Plan Amendment forimprovements to the Central Johnston County Regional Wastewater Treatment FacilityTim Broome, Engineer with McKim and Creed, met with the Board to review theproposed amendment to the 201 Facility Plan He explained the original plan, approved in1976, requires an amendment in order for the County to qualify for an EPA Clean WaterRevolving Loan to finance expansion and upgrading of the Wastewater Treatment Plant Heindicated loan money is available and Johnston County is high on the priority listMr Broome pointed out the wastewater facility is presently overloaded during wetweather, and the expansion plans will permit an increase in wastewater flow into the NeuseRiver from 4 million to 45 million gallons day Cost for the project, which would also includeupgrading wastewater treatment, is anticipated at 4,463,000 The Clean Water Loan plusadditional yearly cost for operation and maintenance would be repaid by user fees which areprojected to increase by 511000 gallonsThe Commissioners thanked Mr Broome for his remarks; there being no furthercomments, the Chairman closed the public hearing13 Public Hearing Names for Rural Johnston County RoadsAdvertised March 22, 1991 The Smithfield HeraldThe Chairman opened the public hearing and invited anyone who wished to addressthe Board on names for the following rural roads SR 1125, SR 1136, SR 1305, SR 1307, SR1560, SR 2137, SR 2152, SR 2165, SR 2345, SR 2384, and SR 2366A SR 2137 - Currently Named Pittman Road; Requested Change A portion - DavisHomestead or Davis PlantationIrvin Pittman stated he had no objection to the portion of SR 2137 from SR 1934 toHighway 301 having another name as long as the portion from 301 to SR 1001 remain PittmanRoadIt was noted the Planning Office has received a petition requesting the section of SR2137, from SR 1934 to Hwy 301, be named Davis Homestead or Davis Plantation RoadB SR 1125 - Currently Named PB Tart Road; Requested Change Tart Town RoadBetty Tart presented an updated petition requesting SR 1125 be named Tart TownRoad She indicated most property owners and residents agree with this changeC SR 1136 - Currently Named Overshot Road; Requested Change 1 New ZealandChurch Road and 2 Shaws PondCharles Lee, property owner, spoke on behalf of a petition to name SR 1136, from NC50 to US 701, New Zealand Church Road He indicated church members and most residentsand property owners along this portion of the road would like it named for the church49April 1, 1991 ContinuedAn additional petition was presented requesting SR 1136, from Hwy 701 to SR 1009, benamed Shaws Pond Road No one was present representing this petitionD SR 1305 - Currently Named Calumet; Requested Change Pleasant Hill ChurchCarl Dixon presented a petition to rename SR 1305 Pleasant Hill Church Road No onevoiced opposition to the requestE SR 1307 - Currently Nameduested 1 Nordan Road and 2LindellNordanspoke on behalf of a petition to name SR 1307 Nordan Road for theNordan family,many ofwhomstill live on this road Other members of the Nordan familywere present insupportof thisrequestSue Vann represented a group of residents who have petitioned that SR 1307 berenamed Aquilla road in honor of Aquilla Byrd, original landowner She presented documentsdating back to 1850 showing the property listed as Aquilla Byrd Farm Several others werepresent in support of this requestF SR 1560 - Currently Named Baptist Center Road; Requested Change Ranch Road1 Speaking in support of name Baptist Center RoadRobert Brooks, pastor of Baptist Center Church, asked the Board to keep the nameBaptist Center Road for SR 1560 He noted the name has historical significance as the churchwas established in 1871 and Baptist Center School operated from 1885 to 1929Rochelle Bolyard, church historian, also spoke on the importance of retaining thename Baptist Center as the church, school and cemetery represent historical landmarks inJohnston County2 Speaking in support of name Ranch RoadVelda Jones asked the Board to consider renaming SR 1560 Ranch Road, the nameunofficially given by the Clayton Postmaster several years ago She stated most residents andbusinesses support the name Ranch Road and feel it would be a hardship on them to changetheir addressOthers present representing residents and or businesses on SR 1560 who spoke insupport of the name Ranch Road Joseph M Whitley, Sr, Amos Williams, Jean Jones, GeorgeCoghill, Sharon Levin, James Williams, MC Minter, Linda Holding, Elgie WhitleyG SR 2152 - Currently Named East Batten Road; Requested Change Debro RoadKD Stancil requested SR 2152 be renamed Debro in honor of his father, DebroStancil, as most of the property owners are members or ancestors of the Stancil family thathave lived along this road since the Civil WarSeveral others were present in support of this requestH SR 2165 - Currently Named Wallace Road; Requested Change Howell RoadChris Batten, resident of SR 2165, requested this road be renamed Howell Road inmemory of Mr Jack Howell, longtime resident Mr Batten stated his petition includessignatures of most residents and property owners When it was pointed out SR 2521 isalready named Howell Road, Mr Batten modified his request to name SR 2165 J Howell RoadI SR 2366 - Currently Named Little River Road; Requested Change Fulghum LittleCreek RoadEunice Worley Hinnant spoke in favor of renaming SR 2366 Little Creek Road Sheexplained the road has been known by this name for over 50 yearsAl Richardson, great grandson of John C Fulghum, one of the original landowners,stated his family cemetery is located beside the road and family members lived and ownedproperty along the road until 1946 He requested the unpaved portion of SR 2366 from SR2373 to Burn Stocking Swamp be named Fulghum Road or Fulghum Little Creek RoadMrs Hinnant objected to having separate names for the road and stated she wouldhave no objection to the entire road being named Fulghum Little Creek RoadJ SR 2345 - Piney Grove Church Road and SR 2384 - Old Fremont Road; ProposedRenumbering of Portion of SR 2345 from Wayne County Lune to existing SR 2385County Manager, Richard Self, explained that DOT has agreed, if requested by theCounty, to renumber a portion of SR 2345 If renumbered, the portion of the road from theMIS AALIApril 1, 1991 ContinuedWayne County Line to where it runs into SR 2385 would become an extension of SR 2385 Theportion from Hwy 222 to the stop sign at SR 2385, approximately 7 mile, would remain SR2345iMrs Clara Kirby and Mrs Mary Davis again addressed the Board requesting the 7mile portion of SR 2345 be renamed Fiveash Road in memory of their ancestorsM_ rs Kay Crumpler reiterated her request that the 7 mile portion be renamedCrumpler RoadDonnie Faucett and Rev Charles Renfrow, pastor of Piney Grove Church, emphasizedhis congregation is only interested in the road that runs by the church being named PineyGrove Road, regardless what number DOT assigns itThere being no further remarks, the chairman closed the public hearing14 Rural Road Names ApprovedA SR 1125Upon a motion by Commissioner Frank B Holding, seconded by Commissioner JamesW Cash and carried by unanimous vote, the Board renamed SR 1125 Tart Town RoadB SR 1305Upon a motion by Commissioner Jerry F Wood, seconded by Commissioner Frank BHolding and carried by unanimous vote, the Board renamed SR 1305 Pleasant Hill Church RoadC SR 2137Upon a motion by Commissioner James W Cash, seconded by Commissioner Frank BHolding and carried by unanimous vote, the Board assigned the following names to SR 2137SR 2137 from SR 1001 to Hwy 301 remain Pittman RoadSR 2137 from Hwy 301 to SR 1934 named Davis Homestead RoadD SR 2152Commissioner Jerry F Wood moved that SR 2152 be renamed Debro RoadCommissioner John M Booker seconded the motion which carried by unanimous vote jE SR 2165Upon a motion by Commissioner Jerry F Wood, seconded by Commissioner John MBooker and carried by unanimous vote, the Board renamed SR 2165 J Howell RoadF SR 2366Commissioner James W Cash moved that SR 2366 be renamed Fulghum Little CreekRoadCommissioner Jerry F Wood seconded the motion which carried by unanimous voteG SR 2385 and SR 2345Upon a motion by Commissioner John M Booker, seconded by Commissioner James WCash and carried by unanimous vote, the Board concurred with a recommendation from DOT tochange the number of SR 2345 to SR 2385 from the Wayne County Line to the existing SR2385 The Board further agreed to consider requested name changes for SR 2385 and SR 2345at the May 6th meetingH SR 1560Commissioner Frank B Holding moved that SR 1560 be renamed Ranch RoadCommissioner John M Booker suggested any decision concerning SR 1560 be postponeduntil the May 6th meeting in order to give time for further considerationFollowing discussion, Commissioner Holding withdrew his motionI SR 1136; SR 1307The Board agreed to postpone a decision on SR 1136 and SR 1307 until the May 6thmeeting i15 Public Hearing and Moratorium Set Rural Road NamesCommissioner Frank B Holding moved that a deadline of April 8, 1991, 5 oclockpm, be set for submitting requests petitions to the County for renaming roads, and that aPublic Hearing be set for 11 oclock am Monday, May 6, 1991, to hear these requests51April 1, 1991 ContinuedCommissioner Holding further moved, effective May 6, 1991, a twelve month moratorium beplaced on road name changes, and after this date, costs incurred in renaming a road be atthe expense of the petitionersCommissioner John M Booker seconded the motion which carried by unanimous vote16 Polk Youth Center Possible Relocation in Johnston CountyState Senator N Leo Daughtry and mayors from local municipalities met with theBoard concerning the possible relocation of Polk Youth Correctional Center to JohnstonCountySenator Daughtry explained the recent 200 million Prison Bond Referendum providesfor a new, larger facility for the Youth Center, and the State has shown interest inrelocating the unit to Johnston County He noted the 720 -bed prison would provide additionaljobs; however, the bond money does not include funds for purchasing property andproviding utilities for a new site If the County is interested in donating suitable land andmaking water and sewer available, Senator Daughtry indicated he would do everything hecould to bring the facility to Johnston CountyIn discussion, Commissioner John M Booker questioned the possible effect anotherstate prison would have on County jail personnel, pointing out the higher salaried state jobscould make it more difficult to maintain an adequate jail staff He also called attention to themany state and federal mandates which significantly increase the county jails operating costsMayors of towns throughout the County voiced support for the prison unit coming toJohnston County, and several showed interest in the facility locating in their area Theyagreed to discuss the matter among themselves and report back to the Board later in themeeting with suggestions and recommendations17 Cleveland Community Citizens Group - School ConcernsCitizens from Cleveland Township and surrounding area met with theBoardaddressing the critical need for a new school intheir communityLeigh Ann Hurr, Cleveland resident,presented a list of 23deficienciesof theexisting school building expressing concern forthe childrens safety andwelfare, andstatedthe children deserve a better facility Mrs Hurr presented a petitionwith more than 1000signatures asking that a new school be builtat Cleveland before anyother projectin theCountyGloria Dildy introduced her three children who are attending Cleveland School Shevoiced concern for their physical safety stating the building is a fire hazard and in violationof the state building code She questioned the quality of education because of crowdedconditions and the lack of advanced courses being offeredSonny Johnson, Cleveland land developer, spoke of the areas recent growth Hepointed out the community consist mostly of young families with small children which indicatesthere will soon be a need for a middle school and high school in the areaWendy - Stephenson who teaches on the 3rd floor at Cleveland School shared heranxiety about having to evacuating her children in the case of a fireCommissioner Jerry F Wood congratulated Mrs Stephenson and all the teachers andstaff of Cleveland for the good job they are doing, even in bad conditions He assured thosepresent that the Board recognizes their needsChairman Denning explained the County appropriates as much money as possible toschools each year and noted 6387 of the Countys tax went to education in 1990 -91 Heagreed Cleveland is in critical need of a new facility and, in his opinion, the School Boardwill have the funds necessary to build schools in Cleveland and Selma within the next twoand a half to three years He stressed; however, project priority is the responsibility of theBoard of Education, not the County CommissionersCommissioner Frank B Holding agreed and suggested the Commissioners meet with theBoard of Education to discuss a timetable for school capital projectsCommissioner John M Booker concurred stating the need for good schools is acommon concern for both boards, and in order for these needs to be met, both boards needto work together He pointed out any decision concerning major funding mechanisms forschool projects should be worked out jointlyDetailsAnnotationsEntry PropertiesModified11192013 113703 AMCreated3172003 23902 PMTemplateMinutesFieldsMinutes - TypeRegularMinutes - Date411991Book19