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

Meeting of the Johnston County Board of CommissionersOctober 7, 1991The Johnston County Board of Commissioners met in regular session Monday, October 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 September 3,1991, board meeting There being no corrections, the Chairman declared the minutes approved aspresented2 Proclamation Red Ribbon WeekUpon a motion by Commissioner James W Cash, seconded by Commissioner Jerry F Wood andcarried by unanimous vote, the Board adopted the following proclamationPROCLAMATIONRED RIBBON WEEK?diERFAS, the Red Ribbon Campaign, sponsored by the Johnston CountyBoard of Education, is designed to create awareness about the drug problemsfacing every comnnanity, andWHHREAS, the campaign is designed to establish effective communityteams across America, andW[U EAS, the campaign is designed to support drug -free, healthlifestyles, andW[1EREAS, the Red Ribbons, which are to be distributed to all JohnstonCounty school students, are the symbol to reduce the demand for drugs in ourcounty and nation,NOW, THEREFORE, BE IT PROCLAIMED by the Johnston County Board ofCommissioners that the week of October 19th - 27th be declared RID RIBBONWEEKAdopted this 7th day of October, 19913 Proclamation Lupus Awareness Month - OctoberUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Frank B Holdingand carried by unanimous vote, the Board adopted the following proclamationPROCLAMATIONLUPUS AWARENESS M0N1HWHEREAS, Systemic Lupus Erythematosus affects one in every twothousand Americans; and over 16,000 new cases are diagnosed each year; andWMAWKAS, Lupus is more common than Leukemia, Muscular Dystrophy andCerebral Palsy; that it affects both men and women, young and old; andW[H9tFAS, Lupus is a chronic inflammatory disease which causes thebodys immune system to produce antibodies which attacks healthy tissue andorgans; andWHEREAS, the cause of Lupus is unknown and no cure exists; andWHEREAS, Research and Public Education are two vital keys to addressthis orphan disease That through education, early diagnosis is possibleand will lead to reduced mortality ratesNOW THEREFORE BE IT RESOLVED by the Board of Commissioners of JohnstonCounty Proclaim October as Lupus Awareness Month in Johnston CountyAdopted this 7th day of October, 1991146October 7, 1991 Continued4 Planning Board - Recommendations Public Hearings SetJeff Coutu, Planning Director, reported the Planning Board at their last meetingrecommended the following1 Adoption of a local ordinance to implement the Vested Rights Provisions of NCGeneral Statutes 153A -34412 Airport Zoning for airport property and surrounding areaThe Board set consecutive Public Hearings on these issues for 1030 am and 1035am, November 4, 19915 Department of Transportation Additions to SystemThe Board reviewed petitions presented by the North Carolina Department ofTransportation requesting the following roads be added to the State Secondary System formaintenanceWhite Oak Circle Ext SR 1635, Hemlock Circle, Birch Lane, Magnolia Court, CypressCourt, and Myrtle Lane in White Oak Plantation - Section Two, Clayton TownshipLema Drive in Country Hills Estates, Cleveland TownshipLillian Drive in Haven Grove Subdivision, Cleveland TownshipStonehenge -Drive and Stone Place in Stonehenge Subdivision, Clayton TownshipFollowing review, Commissioner James W Cash moved that NC Department ofTransportation be requested to add these roads to the State Maintained SystemCommissioner Frank B Holding seconded the motion which carried by unanimous vote6 Public Hearing Rezoning Case #014 - Malcolm MooreAdvertised The Smithfield Herald - September 13, 1991; September 17, 1991Notices posted -at Location and Certified Letters Mailed on 91191 to AdjoiningProperty OwnersHearing and invited anThe Chairman opened the Public ear ng a one who wished to address the yBoard on the following rezoning caseCase 4014 Malcolm Moore, Applicant, 3 acres on NC 50, Pleasant Grove Township fromAR R 40 to Highway- Business - Special UseJeff Coutu, Planning Director, presented a map pointing out the tract and surroundingarea zoning He stated the Planning Board recommended approval of this requestThere being no further remarks, the Chairman closed the Public Hearing7 Case #014 Rezoning and Special Use Permit for Auto Body Repair Shop ApprovedUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner James W Cash andcarried by unanimous vote, the Board approved rezoning of three 3 acres off NC 50 inPleasant Grove Township, owned by Malcolm Moore, from AR R 40 to Hwy Business Special UseDistrictFollowing approval of the rezoning, Commissioner Jerry F Wood moved the Board approvea Special Use Permit for Malcolm Moore for an auto body repair shop on this propertyCommissioner James W Cash seconded the motion which carried by unanimous vote8 Public Hearing Rezoning Case #015 - D R WellsAdvertised The Smithfield Herald, September 13, 1991; September 17, 1991Notices Posted at Location and Certified Letters Mailed on 91191 to AdjoiningProperty OwnersThe Chairman opened the Public Hearing and invited anyone who wished to address theBoard on the following rezoning caseCase #015 DR Wells, Applicant, 26 Acres on SR 1010, Cleveland Township from AR R 40to Highway Business- Special -Use DistrictJeff Coutu pointed out on a map the site to be considered and the zoning of thesurrounding area He stated the Planning Board recommended approval of the rezoningThere being no further comments, the Chairman closed the Public Hearing147October 7 1991 Conti9 Case #015 Rezoning and Special Use Permit for a Restaurant ApprovedUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner James W Cash andcarried by unanimous vote, the Board approved rezoning of 26 acres on SR 1010, ClevelandTownship, owned by D R Wells from AR R 40 to Highway Business Special Use DistrictFollowing approval of the rezoning, Commissioner Jerry F Wood moved that D R Wellsbe granted a Special Use Permit for a restaurant on this propertyCommissioner James W Cash seconded the motion which carried by unanimous vote10 City of Wilson- Buckhorn ReservoirWilson City Manager, Ed Wyatt, Assistant City Manager, Charles Pittman, and CityAttorney, Jim Cauley, met with the Board to request formal action on a resolution originallypresented at the September 3, 1991, Board meeting The resolution would allow Wilson to acquireJohnston County property by condemnation for the Buckhorn Reservoir expansion projectChairman Norman C Denning and Commissioner John M Booker responded that it is againstboard policy to allow condemnation of property except in situations where all other negotiationshave failed They again suggested Wilson officials negotiate, one on one, with each propertyowner in an earnest effort to purchase the property Other board members concurred11 Request for Wastewater Service - John McFadyenJohn McFadyen, Smithfield resident, met with the Board requesting permission to taponto the sewer line serving the industrial area east of Clayton Mr McFadyen stated he wishesto sell or develop property he owns in the areaCounty Manager, Richard Self, explained the sewer line is currently at capacity;however, there are future plans to upgrade the pump stationThe Board assured Mr McFadyen they would consider his request when the expansionproject is complete12 Tag Appeal Neuse Bend Hunt Club PropertyBraxton Langdon met with the Board on behalf of Donald E and Vicky P Ward to requesta reduction in Real Estate value of a lot in Neuse Bend, Inc, Boon Hill Township He explainedthe land is not suitable for building and was purchased as a requirement to become a shareholderwith hunting privileges in the Neuse Bend Hunting Club In addition to the property, thepurchase price of 11,000 represented 5000 shares of stock or 130th interest in West Bend, IncTax Administrator, John Stott, recommended the request be denied stating the entire6428 acre tract in West Bend is undervalued, and a range of 10,000 lot is reasonable asindicated by the recorded deedFollowing further discussion, Commissioner Frank B Holding moved that the real estatevalue on a lot located in West Bend, Inc, owned January 1, 1991, by Donald E and Vicky PWard, and currently owned by Braxton Langdon, be reduced to 1,000Commissioner Jerry F Wood seconded the motion which carried by unanimous voteCommissioner Holding suggested that deeds for lots in West Bend need to reflect thatstock is part of the consideration13 Request for Tax RefundsJohn Stott informed the Board recent independent audits by Tax Management Associatesrevealed overlisted property as follows1 Bond Oil Company of Selma - Assets correctly listed in Harnett County, also listedin Johnston County Refund requested by Bond Oil Co 1,077722 Wilkinsons Home Center, Inc - Overstated value of equipment for several yearsRequested refund for overlisting for past five years as allowed by law 4,975193 County Club of Johnston County, Inc - Watering System listed as business personalproperty; watering system already included in per hole real estate valuation of golfcourses Requested refund 3,10353Following discussion, Commissioner James W Cash moved that tax refunds be made to BondOil Company in the amount of 1,07772, Wilkinsons Home Center in the amount of 4,97519, andCountry Club of Johnston County, Inc in the amount of 3,1035314 October 7, 1991 ContinuedCommissioner John M Booker seconded the motion which carried by the following voteAye Norman C Denning, John M Booker, and James W CashNo NoneAbstaining Frank B Holding and Jerry F WoodCommissioners Holding and Wood abstained as they are members of JohnstonCounty Country Club, Inc14 Inspections Town of BensonCounty Manager, Richard Self, informed the Board the Town of Benson has requested theCounty conduct Bensons building inspectionsCommissioner Jerry F Wood moved the Board enter into an agreement with the Town ofBenson to provide building inspections for BensonCommissioner James W Cash seconded the motion which carried by unanimous vote15 Inspections -State Homeowners Recovery FundCounty Manager, Richard Self, informed the Board the NC General Assembly has ratifiedHouse Bill 37 establishing a Homeowners Recovery Fund to reimburse homeowners who have suffereda reimbursable loss in constructing or altering a single family residential dwelling unit builtafter October 1, 1991 The Bill requires local inspection departments to collect a 500 feefrom general contractors applying for building permits for any single - family residentialdwelling unit, and remit 400 of the fee to the State for deposit in the fund Counties mayretain 100 to defray collection costsFollowing discussion, County Jerry F Wood moved the Board approve collection of the500 homeowners recovery fee as instructed by the NC State LegislatureCommissioner James W Cash seconded the motion which was reluctantly passed byunanimous vote16 Public Utilities — Solid WasteThe Board addressed several issues dealing with new policies of solid waste disposal atthe landfill and compaction sites The following guidelines were established1 Upon a motion by Commissioner Frank B Holding, seconded by Commissioner James WCash and carried by unanimous vote, the Board agreed that scout camps, volunteerfire departments, volunteer rescue squads, and Bentonvilles Harper House may usethe compaction sites for household garbage without purchasing a decal2 Citizens who refuse to buy the 25 decal will not be allowed to use the compactionsites3 Citizens who are delinquent with landfill fees will be denied access to the landfilluntil payment is current4 Citizens who do not wish to attach their decal to their car windshield may stapleit, along with proof of purchase, to their vehicle registration card5 Citizens may deposit orange, adopt -a- highway trash bags at compaction sites withouta decalThe Chairman designated Commissioner John M Booker to work with Public UtilitiesDirector, Haywood Phthisic, on future administrative issues concerning solid waste disposal17 Health Department Director ConfirmedAt the recommendation of the Johnston County Board of Health, and upon a motion byCommissioner Frank B Holding, seconded by Commissioner James W Cash and carried by unanimousvote, the Board confirmed the appointment of Dr L S Woodall, PA as permanent Director ofthe Johnston County Health Department Dr Woodall will serve the Health Department as HealthDirector, Medical Director and Clinical physician under terms established by a contractualagreement with the Johnston County Board of Health18 50210 Volunteer Rescue Squad - Monthly AllocationCommissioner James W Cash moved the County appropriate the newly formed 50210 RescueSquad the same allocation, 450 per month, as other County rescue squads receive, effective uponcertification from the State, and that the following budget amendment be approved`1f 1iIr149October 7,1991 ContinuedExpenditure Increase - Fire Rescue10 535034 Contributions to Rescue Squads 4,05000Expenditure Decrease10 665057 Contingency Fund 4,05000Commissioner Jerry F Wood seconded the motion which carried by unanimous vote19 Budget Amendments- ApprovedA Sheriffs DepartmentUpon a motion by Commissioner Frank B Holding, seconded by Commissioner John M Bookerand carried by unanimous vote, the Board approved the following budget amendmentExpenditure Increase - Dare Program5100 -44 1,07125Revenue Increase343311 1,07125B Health Department - EnvironmentalUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Frank B Holdingand carried by unanimous vote, the Board approved the following budget amendmentExpenditure Increase - Environmental10- 5910 -7400 Capital Outlay 75000Revenue Increase - Environmental10- 351882 DEH NR 75000C Health Department - Child ServicesUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner James W Cash andcarried by unanimous vote, the Board approved the following budget amendment21 Appointments-A Area Mental Health BoardUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Frank B Holdingand carried by unanimous vote, the Board reappointed Joseph Patterson and appointed MichaelRabil to the Area Mental Health Board for four year terms to expire October, 1995B Youth Task ForceUpon a motion by Commissioner John M Booker, seconded by Commissioner Frank B Holdingand carried by unanimous vote, the Board reappointed the following members to the Youth TaskForce for two year terms to expire October, 1993 Dennis K Hilliard, Carolyn Ennis, EddiePerkinson, Fran Davis, Lou Woodard, Deborah Brewington, Dianne Parker, John King Jr, andKenneth R LangleyExpenditure Increase Child Health10- 5945 -0200 Salaries2,000000250 Salaries Permanent, part -time8,000000300 Salaries part -time2,050000500 FICA950000600 Health Ins1,400000610 Life40001400 Travel2,60800TOTAL17,04800Revenue Increase10- 3519 -826 DEHNR17,04800D Health Department - Family PlanningUpon a motion by Commissioner Jerry F Wood,seconded by Commissioner JamesW Cash andcarried by unanimous vote, the Board approved the followingbudget amendmentExpenditure Increase10- 5960 -4650 Sterilization Contra8,68900Revenue Increase10- 3519 -83 DEHNR8,6890020 Clerk of Superior Court - Computer SoftwareClerk of Superior Court, Will R Crocker, advised the Board he plans toupgrade hiscomputerized system for jury selection in the near future The Board agreed to coverthe cost ofthe new software, and at such time as the exact amount is determined to act on theappropriatebudget amendment21 Appointments-A Area Mental Health BoardUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Frank B Holdingand carried by unanimous vote, the Board reappointed Joseph Patterson and appointed MichaelRabil to the Area Mental Health Board for four year terms to expire October, 1995B Youth Task ForceUpon a motion by Commissioner John M Booker, seconded by Commissioner Frank B Holdingand carried by unanimous vote, the Board reappointed the following members to the Youth TaskForce for two year terms to expire October, 1993 Dennis K Hilliard, Carolyn Ennis, EddiePerkinson, Fran Davis, Lou Woodard, Deborah Brewington, Dianne Parker, John King Jr, andKenneth R Langley150October 7, 1991 ContinuedC Johnston County Community College Board of TrusteesCommissioner James W Cash moved that John R Windley be appointed to the JohnstonCommunity College Board of Trustees for a four year term to expire June, 1995Commissioner Frank B Holding seconded the motion which carried by unanimous vote22 Recreation Grants ApprovedUpon a motion by Commissioner Frank B Holding, seconded by Commissioner John M Bookerand carried by unanimous vote, the Board approved the following recreation grants and budgetamendment from contingencyNorth Johnston Middle School Booster Club, 2,000; Town of Pine Level, 2,000;Princeton High School - Booster Club, 2,000; Smithfield -Selma Middle School Athletic BoosterClub, 2,000; Princeton PTO, 2,000; Cooper Booster Club, 2,000; Meadow Athletic Association,2,000; Tobacco Farm Life Museum, 96000Budget AmendmentExpenditure Increase - Special Appropriations10 66506220 Recreation Grants 14,96000Expenditure Decrease10 665057 Contingency Fund 14,9600023 Caswell Center — Request for ContributionNo action was taken on a request for a contribution to Operation Santa Claus from theCaswell Center in Kinston24 Fireworks Disvlav Approved Smithfield -Selma High SchoolUpon a motion by Commissioner John M Booker, seconded by Commissioner Frank B Holdingand carried by unanimous vote, the Board approved a request from Smithfield -Selma High School tohold a fireworks display during Homecoming celebration on Friday, October 18, 1991, inaccordance with GS 14- 410 -41525 Soil Remediation - Ray EarpCounty Manager, Richard Self, notified the Board Raymond E Earp has applied to theState for permission to land apply petroleum contaminated soil from leaking underground storagetanks to 50 acres of farmland in ONeals Township26 Federal Grant Awarded - Water Sewer ProjectsCounty Manager, Richard Self, informed the Board the County has been awarded anEconomic Development Administration Federal Grant in the amount of 1,500,000 for water andsewer improvements Projects will include expansion to the wastewater treatment plant, Hwy 70water and wastewater, airport wastewater, and Industrial Park to Clayton wastewaterAt the recommendation of the County Manager and upon a motion by Commissioner Frank BHolding, seconded by Commissioner Jerry F Wood and carried by unanimous vote, the Board tookthe following action1 Authorized the County Manager and Chairman to sign the necessary documents2 Authorized the advertisement of bids for the expansion of the Wastewater TreatmentPlant3 Awarded Engineering contract to McKim and Creed for the EDA Projects27 Inspector for Water Wastewater ProjectsCommissioner John M Booker moved the County employ a resident inspector to oversee theEDA water wastewater projectsCommissioner Frank B Holding seconded the motion which carried by unanimous vote28 South Johnston Water TankIn order to forestall vandalism and prevent young people from trying to climb the newwater tank across from South Johnston High School, the County Manager suggested the Countypaint, SJHS - Class of 1992 on the side of the tank He noted the South Johnston High SchoolAdvisory Council has agreed to pay for annual updatingThe Board concurrediIf4FFtOctober 7, 1991 Cont29 Quitclaim Deed Re ApprovedThe County Manager informed the Board a quitclaim deed toPittman for 2166 acres in ONeals Township was originally approvedCounty Board of Commissioners in 1940 At that time, however, therecordedArnold, Willard and Velmaand signed by the Johnstondeed was not notarized andIn order to validate the transaction, Commissioner Frank B Holding moved that theBoard instruct the County Attorney to draw up a replacement deed, with notation of thecorrective procedure, and authorize the Chairman to sign the deed which can then be properlyrecordedCommissioner John M Booker seconded the motion which carried by unanimous voteExecutive SessionUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner John M Bookerand carried by unanimous vote, the Board recessed regular session to meet in executive sessionfor the purpose of discussing a matter of potential litigationRegular SessionUpon a motion by Commissioner John M Booker, seconded by Comnissioner James W Cashand carried by unanimous vote, the Board adjourned executive session and resumed regularsession30 Purchase of Property - Expansion of Landfill AreaCommissioner Jerry F Wood moved the Board authorize the Chairman to purchase 250 acresof land adjacent to the County Landfill from Jo Ann Johnson Lane for 500,000, 70,000 down andthe balance to be paid, over 10 years at 10 interest Commissioner Holding further moved thatMrs Lane be given two year timber rights and that taxes be prorated with no retroactive farmuse value adjustment Funding for this purchase to be paid from the landfill tipping feeCommissioner Frank B Holding seconded the motion which carried by unanimous voteUpon a motion by Commissioner John M Booker, seconded by Commissioner Frank B Holdingand carried by unanimous vote, the Board adjournedC7?v - J14?Joy H Ennis, Deputy ClerNorman C Denning, Chairman151DetailsAnnotationsEntry PropertiesModified11192013 33359 PMCreated3282003 75148 AMTemplateMinutesFieldsMinutes - TypeRegularMinutes - Date1071991Book19