September 3, 1991 - 10:00 AM - County Board of Commissioners Meeting Minutes

Meeting of the Johnston County Board of CommissionersSeptember 3, 1991The Johnston County Board of Commissioners met in regular session Tuesday, September 3,1991, 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 August 5, 1991,board meeting There being no corrections, the Chairman declared the minutes approved aspresented2 City of Wilson - Buckhorn ReservoirMayor Ralph E1 Ramey, Assistant City Manager Charles Pittman, and City Attorney JimCauley met with the Board concerning Wilsons request to acquire land in Johnston County for thepurpose of expanding Buckhorn ReservoirMr Pittman reported Wilson officials held a meeting in Kenly to discuss the expansionproject with Johnston County citizens, and have made contact with all property owners involvedHe stated Wilson would be willing to work with Kenly and the rest of Johnston County concerningfuture water needs, and further assured the Board arrangements would be made to compensateJohnston County for any loss of tax revenueMr Pittman and Attorney Cauley requested the Board adopt a resolution giving the Cityof Wilson permission to acquire Johnston County land either by purchase or by condemnationAfter Board members voiced opposition to allowing Johnston County property to be takenby condemnation, an amended resolution was presented which would allow Wilson to acquireJohnston County property for the expansion of Buckhorn Reservoir by purchase onlyThe Board agreed to consider the amended resolution and make a decision within the nextfew daysA group of citizens from the reservoir area were present and several addressed concernsand comments to the Board and the assemblage from Wilson3 Water Line Connection - Wayne County - Fork Water DistrictJoAnn Peedin, resident of Massey Holt Edwards Road SR 2372 in Boon Hill Township, metwith the Board requesting permission to obtain water from Wayne County She explained her wellwater is contaminated with bacteria, and since the Johnston County water system does not extendto her area, and Wayne Countys Fork Water District is willing to provide the service, she askedthe Board to allow Fork Water District to extend water into Johnston County to serve herimmediate areaCommissioner Frank B Holding moved the Board authorize Wayne Countys Fork WaterDistrict to make a survey of Johnston County citizens in Mrs Peedins neighborhood who wish toconnect to the District water line and report back to the Board with specific information andboundary lines for final approvalCommissioner Jerry F Wood seconded the motion which carried by unanimous vote4 Tax Anneal - Stenhen Brown ProaertIvey Pittman met with the Board requesting abatement of deferred taxes in the amount of2,10194 on property he, his brother, and his sister inherited from their uncle Stephen BrownMr Pittman contended the property was originally owned by their grandfather, Troy Brown, and ashe and his siblings are the only grandchildren, they should be considered lineal descendants andqualify for direct transfer of property without being subject to deferred land use taxesJohn Stott, Tax Administrator, stated according to GS 105- 2774c transfer ofproperty to other than a relative defined as lineal descendant or ancestor causes deferredtaxes to become due Lineal descendants are defined in NC GS 29 -24 as all children of aperson and successive generations of children of such children136September 3, 1991 ContinuedCommissioner Frank B Holding commented on the intent of the lawFollowing discussion, Commissioner Frank B Holding moved that Ivey Pittman andsiblings be granted land use value as continued, successive lineal descendants on propertyinherited from Stephen Brown, and that deferred taxes in the amount of 2,10194 be abatedCommissioner James W Cash seconded the motion which carried by unanimous voteCommissioner Holding thanked John Stott for his dedication to the County and commendedhim on the fine job he is doing as County Tax Administrator5 Tax Appeal Audit Discovery - KU rtBarbara Moss, Assistant Regional Property Tax Manager with K Mart Corporation, met withthe Board appealing a business personal property discovery from a recent audit of K Mart ofSmithfield She stated K Mart is appealing the discovery based on the audit being conducted by athird party entity working on a contingency fee basis, and cited NC Tax Commissions recentdecision on a case in Cabarrus CountyTax Administrator, John Stott, recomnended the appeal be denied as the Cabarrus Countydecision affected only the Cabarrus County case involved and is under appealThe Board thanked Ms Moss for her comments and deferred action until later in themeeting6 Department of Transportation Addition to SystemThe Board reviewed a petition presented by the North Carolina Department ofTransportation requesting Turlington Drive, Turlington Acres Subdivision in Elevation Townshipbe added to the State Secondary System for MaintenanceFollowing review, Commissioner James W Cash moved that NC DOT be requested to addTurlington Drive, Turlington Acres Subdivision, to the State Maintained SystemCommissioner Jerry F Wood seconded the motion which carried by unanimous vote7 Department of Transportation Petition for PavingI ;Commissioner Jerry F Wood moved the petition presented to the Board requesting pavingof Banner Elk Road SR 1304 in Banner Township be forwarded to the NC Department ofTransportation with the Boards recomnendation for considerationCommissioner James W Cash seconded the motion which carried by unanimous vote8 fuse River Development Authority - Funding RequestBob Quinn, Director of the Neuse River Development Authority, addressed the Board onthe Countys participation in the NRDA He presented information including an overview of theorganization, a list of recent small business loans made in Johnston County, and a request forfinancial support from member cities and counties The request for Johnston County was 6,636based on per capita ratioThe Board thanked Mr Quinn for the presentation and deferred action until later in theday9 Tom of Princeton - Request for Repairs to Chlorine Booster StationCounty Manager, Richard Self, informed the Board the Town of Princeton has requestedthe County pay for repairs to the chlorine booster station on the county water line located justwest of Princeton The boosters circuit panel was damaged by lightning Princeton alsorequested lightning resistors be installed to prevent future problems Cost for necessaryengineering fees and repairs amount to 4,047Following discussion, Commissioner Frank B Holding moved the County pay for repairs tothe chlorine booster station on the county water line located at Bizzell Grove Road on Highway70 west of Princeton, and that payment be made from county water and sewer funds CommissionerHolding further moved that lightning resistors be installed to prevent future damage ifrecommended by the engineersCommissioner John M Booker seconded the motion which carried by unanimous voteBudget AmendmentExpenditure Increase - Water Sewer20 42008811 Princeton Chlorine Booster 4,047Expenditure Decrease20 42005010 Clayton wastewater line 4,047137September 3, 1991 Continued10 proclamation Citizenship Day and Constitution WeekUpon a motion by Commissioner James W Cash, seconded by Commissioner Jerry F Wood andcarried by unanimous vote, the Board adopted the following proclamationCitizenship Day Constitution WeekWHEREAS, We the People did ordain and establish a Constitution for theUnited States of America to secure the blessings of liberty for ourselvesand our posterity; andWEREAS, it is important that all citizens fully understand theprovisions, principles, and meaning of the constitution so they can support,preserve,, and defend it against encroachment; andWHEREAS, the President and the Congress of the United States havedesignated September 17 as Citizenship Day and the week of September 17 -23as Constitution Week; andWHEREAS, Constitution Week and Citizenship Day provide the opportunityfor all Americans to learn about and to reflect upon the rights andprivileges of citizenship and its responsibilities; andTE2EAS, the people of the County of Johnston do enjoy the blessingsof liberty, the quarantees of the Bill of Rights, equal protection of thelaw under the Constitution, and the freedoms derived from it;NOW THEREFORE BE IT RESOLVED the Board of Commissioners of JohnstonCounty do hereby proclaim September 17 as Citizenship Day and the week ofSeptember 17 -23 as Constitution Week, and invite every citizen andinstitution to join in the national commemorationUnanimously adopted this 3rd day of September, 199111 Proclamation National Hinting and Fishing DayUpon a motion by Commissioner Jerry F Wood, seconded by Comnissioner John M Bookerand carried by unanimous vote, the Board adopted the following proclamationNATIONAL HUNTING FISHING DAYSince the turn of the century, hunters and fishermen have been at theforefront of the conservation movement, providing the impetus and thefinancing for many of the wildlife conservation programs existing todayThese programs have resulted in the dramatic comeback of many species suchas the white -tail deer, elk, pronghorn antelope, wild turkey and trumpeterswanAs individuals, and through their organizations, sportsmen volunteercountless hours of their time for local conservation projects and to educateothers about the wise management of our natural resources We applaud thehunters and fishermen of our great county for their unselfish dedication andcontributions to conservationNow Therefore, the Board of Commissioners of Johnston County doproclaim Saturday, Septenber 28, 1991, as Hunting and Fishing Day inJohnston County We urge all citizens to join and support our sportsmen intheir efforts to ensure the wise use and proper management of our naturalresources to benefit future generationsAdopted unanimously, this 3rd day of September, 199112 Proclamation Johnston County Charter Chapter, American Business Womens AssociationUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner John M Bookerand carried by unanimous vote, the Board adopted the following proclamationPROCLAMATIONJOHNSTON C OUNI Y CHARTER CHAPTERAMERICAN BUSINESS VCNMIIS ASSOCIATIONIn salute to the more than 110,000 ABWA Members for their supportiveefforts to bring together business women of diverse backgrounds and toprovide opportunities for them to help themselves and others grow personallyand professionally through leadership, education, networking support andnational recognition, the Johnston County Board of Commissioners, herebyPROCLAIM SEPIEMBER 22, 1991, ADWA DAY in JOHNSTON COUNTYUnanimously adopted this 3rd day of September, 1991138September 3, 1991 Continued13 Appointment - Child Protection TeamEarl Marett, Director of the Johnston County Department of Social Services, informedthe Board Governor James Martin authorized the formation of Child Protection Teams to reviewchild fatalities in each county Required members of the Team represent various organizationswithin the county and are appointed by county social services directors Boards of CountyCommissioners can appoint from one to five additional members, and the Johnston County SocialServices Board is requesting Johnston County Commissioners appoint one member, W A Holland,Jr, to the TeamUpon a motion by Commissioner Frank B Holding, seconded by Commissioner James W Cashand carried by unanimous vote, the Board appointed W A Holland, Jr to the Johnston CountyChild Protection Team as recommended by the Social Services Board14 Advertisement for Bids Radio TowerUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner James W Cash andcarried by unanimous vote, the Board authorized the County Manager to advertise for bids on aradio tower to replace the existing damaged tower at the landfill15 Advertisement for Bids Above Ground Tank and Gas PipCommissioner Jerry F Wood moved the Board authorize the County Manager to advertisefor bids for replacing the gas pump and installing above ground fuel tanks on Johnston StreetCommissioner Frank B Holding seconded the motion which carried by unanimous vote16 50 -210 Rescue Squad Ambulance ContributionCounty Manager, Richard B Self, informed the Board the Smithfield Rescue Squad haswithdrawn its request for 1991 -92 county appropriations for a new ambulance In lieu of this,the County Rescue Association has now recommended the countys budgeted-20,000 ambulanceallocation be given to the newly formed 50210 squadUpon a motion by Commissioner James W Cash, seconded by Commissioner Frank B Holdinga,ad carried by unanimous vote, the Board allocated 20,000, budgeted for ambulance contribution,to the 50210 Rescue Squad toward the purchase of an ambulance17 Appointments ApprovedA Johnston -Lee Commnity Action BoardUpon a motion by Commissioner Frank B Holding, seconded by Commissioner Jerry F Woodand carried by unanimous vote, the Board appointed Reginal R Holley, Benson, to theJohnston -Lee Community Action Board for a two year term to expire August, 1993B Johnston County Industrial Facilities and Pollution Control Financing AuthorityUpon a motion by Commissioner John M Booker, seconded by Commissioner James W Cashand carried by unanimous vote, the Board reappointed Eloise Moore, Benson, and appointed TomLucas, Kenly, to the Johnston County Industrial Facilities and Pollution Control FinancingAuthority Terms to expire August, 1997C SARANo applications receivedD Alcoholic - Beverage Control BoardCommissioner John M Booker moved the Board waive County policy to allow Lloyd Gilbertto continue serving on the Alcoholic Beverage Control Board as his removal at this time would bedetrimental to the functioning of that boardCommissioner Frank B Holding seconded the motion which carried by unanimous voteUpon a motion by Commissioner James W Cash, seconded by Commissioner Frank B Holding,and carried by unanimous vote, the Board reappointed Lloyd Gilbert, Smithfield, to the AlcoholicBeverage Control Board for a three year term to expire September, 1994E Johnston County Board of AdjustmentUpon a motion by Commissioner James W Cash, seconded by Commissioner Frank B Holdingand carried by unanimous vote, the Board made the following appointments to the Johnston CountyBoard of Adjustment Wade M Stewart - reappointed term expires 993; J Chip Boykin and JesseAustin, Jr - reappointed terms expire 994139September 3, 1991 ContinuedF Nursing Home Advisory Domiciliary Home Advisory CommitteeUpon a motion by Commissioner Frank B Holding, seconded by Commissioner John M Bookerand carried by unanimous vote, the Board appointed Harriet Creech to the Nursing Home Advisoryand Domiciliary Home Advisory Committee; term to expire February, 199418 Tax Appeal - K MartUpon a motion by Commissioner Frank B Holding, seconded by Commissioner Jerry F Woodand carried by unanimous vote, the Board denied K Mart Corporations appeal on tax discovery forK Mart of Smithfield19 Landfill Hours ExpandedAt the request of the Public Utilities Department, and in order to further accommodatethe citizens of Johnston County, Commissioner Jerry F Wood moved the County Landfill hours beexpanded from 50 hours per week to 5125 hours as followsMonday through Friday - 800 am - 400 pmSaturday 800 am - 330 pmCommissioner Frank B Holding seconded the motion which carried by unanimous vote20 Uadate - Solid Waste Disposal and RecycliHaywood Phthisic, Director of Public Utilities, presented an update on solid wastedisposal at the landfill and the effects of recycling programs in the County He reported thatSenate Bill 111 has been amended and the deadline for 25 countywide recycling is now June,1993Commissioner James W Cash commented the Solid Waste Task Force has been exploringseveral ideas and hope to have a recommendation by next month21 Neuse River Development Authority Funding ApprovedUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner James W Cash andcarried by unanimous vote, the Board agreed to participate in local funding for the Neuse RiverDevelopment Authority and approved the following budget amendmentExpenditure Increase - General10 66509081 Neuse River Devp Authority 6,636Expenditure Decrease10 665057 Contingency Fund 6,63622 Recreation Grants ApprovedUpon a motion by Commissioner Frank B Holding, seconded by Commissioner Jerry F Woodand carried by unanimous vote, the Board authorized a budget amendment from the ContingencyFund, and approved the following recreation grantsPrinceton Babe Ruth Association - 2,000; Town of Smithfield - 2,000; North JohnstonHigh School - Panther Club - 2,000; North Johnston PTA - 2,000; Micro AthleticAssoc - 2,000; Archers Lodge Community Center, 2,000; Pine Level RecreationCommittee, 2,000Due to limited recreation grant funds this fiscal year, the Board agreed to approveonly one grant per project Based on this decision, applications for grants from SmithfieldParks and Recreation and the Downtown Smithfield Development Corporation were not approved asthey were for the same project as the Town of Smithfields applicationBudget Amendment - Special AppropriationsExpenditure Increase1066506220 - Recreation Grants 4,000Expenditure decrease10 665057 - Contingency Fund 4,00023 Mmicipalities• Contract with County for Fire Prevention Code InspectionsIn consideration of requests from the towns of Four Oaks, Benson, Kenly, Princeton,Pine Level, and Micro, Commissioner James W Cash moved the Board agree to contract with thesemunicipalities to provide fire inspections as mandated by the State Building Inspection FirePrevention Code Commissioner Cash further moved that County Attorney, W R Britt, and CountyManager, Richard Self, be authorized to negotiate with the towns and execute the appropriatecontractsSeptember 3, 1991 ContinuedCommissioner Jerry F Wood seconded the motion which carried by unanimous voteExecutive SessionCommissioner Frank B Holding moved the Board recess regular session to meet inexecutive session to discuss personnel and consult with an attorneyCommissioner John M Booker seconded the motion which carried by unanimous voteRegular- SessionUpon a motion by Commissioner Frank B Holding, seconded by Commissioner John M Bookerand carried by unanimous vote, the Board adjourned executive session and resumed regularsession24 Resolution City -of Wilson — Buckhorn ReservoirUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner James W Cash andcarried by unanimous vote, the Board adopted the following resolutionRESOLUTION OF THE COUNTY BOARD OF OQMMISSIONERSJOHNSTON COUNTYAUTHORIZING THE CITY OF WILSON TO PURCHASE LANDIN JOHNSTON COUNTY FOR THE PURPOSE OF EXPANDINGBUCKHORN RESERVOIRWHEREAS, the City of Wilson has as its primary water supply BuckhornReservoir which is located in both Wilson and Johnston Counties; andMlEREAS, the City of Wilson plans to expand the size of BuckhornReservoir by constructing a new dam and flooding new lands and making thereservoir larger; andMUMEAS, in order to expand the reservoir it will be necessary toflood land in Johnston County as well as Wilson and Nash counties; andWD91FAS, in order to acquire land in Johnston County by purchase, itis necessary for the County Commissioners of Johnston County to consent tothe purchase of land by the City of Wilson for the purpose of enlarging the jreservoirNOW THEREFORE BE IT RESOLVED by the County Commissioners of JohnstonCounty that1 The County Commissioners of Johnston County consent to the City ofWilson acquiring land adjacent to or near the new existing BuckhornReservoir for the purpose of enlarging the same and authorized theCity of Wilson to purchase land in Johnston County for said purposesand providing that the City of Wilson agrees to compensate the Countyof Johnston for the loss of ad valorem tax revenue2 This consent shall apply solely to the expansion of the BuckhornReservoirUnanimously adopted this 3rd day September, 1991Upon a motion by Commissioner Frank B Holding, seconded by Commissioner John M Bookerand carried by unanimous vote, the Board adjournedNorman C Denning, ChairmanxgeH Ennis, Deputy ClerkDetailsAnnotationsEntry PropertiesModified11192013 33941 PMCreated3202003 94757 AMTemplateMinutesFieldsMinutes - TypeRegularMinutes - Date931991Book19