November 4, 1991 - 10:00 AM - County Board of Commissioners Meeting Minutes

Meeting of the Johnston County Board of CommissionersNovember 4, 1991The Johnston County Board of Commissioners met in regular session Monday, November4, 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, JohnM 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 October 7, 1991,board meeting There being no corrections, the Chairman declared the minutes approved aspresented2 S G Concrete Request for Non Exclusive EasementAttorney Brad Schulz met with the Board on behalf of S G Concrete of Wilmingtonrequesting a permanent 60 easement across county property to access their 22 acre tract offHwy 301 north of Smithfield The property adjacent to Jones Brothers Furniture is landlocked,and to make it suitable for development or resale, S G is requesting a non - exclusive easementalong the county -owned road leading from the highway to the elevated water tank To comply withthe Town of Smithfields zoning requirements, the easement agreement would need to include a125 access to the S G property Mr Schulz stated that if S G develops the property anduses heavy vehicles on the road, they would accept responsibility for repair and or upgradingthe road surfaceBlaine Bronson of S G, and Dennis Blackmon, surveyor, were present to answerquestionsBoard members commented that Johnston County has always required compensation foreasements, and indicated the Board would be willing to discuss an alternate agreement Theyasked Mr Schulz to work with Richard B Self, County Manager, and W R Britt, County Attorney,on a more favorable proposal3 Water Distribution System - Request for County to Assume OperationGeorge Carlisle, Mayor of Princeton, spoke on behalf of eight of the ninemunicipalities and the two sanitary districts requesting the County assume administrativeresponsibility for the bulk water distribution system throughout the County He outlined theproblems and concerns the towns have with the current operation and proposed the followingbreakdown of dutiesCountys ResponsibilityThe County to provide the following services in the area of bulk water distribution1 The County will read each meter on the first workday of each month, invoice sent bythe 10th of the month, all bills are due on the 25th Late payment charges willapply after the 25th2 The County will develop and implement a Preventive Maintenance Program for thefollowingA Meter Calibration - at least annuallyB Pumps and Pump StationsC Hydrants outside corporate limits - exercise annually, painting, weed controlD Chlorine Booster PumpsE Water Tanks - painting, grass, inspectionF TelemetryG Meter Vaults3 Line Maintenance - Towns will pay the cost to repair transmission mains and firehydrants and use their own employees Based on population sliding scale, the Countywill participate financially for all cost above the ceiling listed below on a peroccurrence basis No cost to be charged to the County for use of municipalemployeesThe recommended ceiling is 2,500 for local government units with population 3,000and over; 1,500 for local government units with population between 1,000 and 3,000;500 for local government units with population less than 1,000i4 PI153November 4, 1991 Cont4 Customer Routing for new water service5 Water usage calculation will be based on average water usage adjusted for time ofyear if meter malfunctions6 The County will develop a policy for water allocation in case of emergencies7 Minimum service materials will be specified by the County for connections to thewater mains8 Emergency Repair Policy Each town will have 24 hour access to the pump stationserving that jurisdiction Redundancy in each pump station addresses the problem oftwo or more pump malfunction simultaneously9 County will develop and maintain inventory of repair parts at a location which isaccessible 24 hours per day, 7 days per week All parts removed from inventory willbe billed to the local government10 Request for allocation of water will be made for amounts in excess of 50,000gallons per day The request should first go to the County to verify line capacity,then to the Town of Smithfield to verify plant capacity, then response made by theTown of Smithfield to the local government unit11 An Advisory Board should be formed composed of one representative of each localgovernmental unit and should meet on a quarterly basisLocal Governments Responsibility1 Maintaining and Repairing all transmission mains in their service district2 Service district will be negotiated between the local governments, no area oftransmission line can lie outside a service district3 All repairs to the transmission main should be made with force account if at allpossible in order to minimize cost4 Each local government will designate a 24 hour contact for emergencies5 All retail customers are the responsibility of the service district6 Replacing fire hydrants damaged by vehicles and collecting cost from the individualsinsurance carrierMayors and representatives from other towns throughout the County voiced their supportfor this proposal stating the need for consistency and greater efficiency It was pointed outthat additional costs incurred by the County would be added to the surcharge fees charged localgovernmentsFollowing discussion, Commissioner John M Booker moved the County acceptadministrative responsibility for the Countys bulk water distribution system as proposed by themunicipalities, effective January 1, 1992Commissioner James W Cash seconded the motion which carried by unanimous vote4 Public Hearing- Statutory Vested Right OrdinanceAdvertised October 18, 1991, and October 22, 1991 - The Smithfield HeraldChairman Norman C Denning opened the Public Hearing and invited anyone who wished toaddress the Board on the proposed Statutory Vested Right OrdinanceJeff Coutu, Planning Director, explained that recently enacted GS 153A -3441 requirescounties to adopt a vested right ordinance to establish a two year statutory zoning vested rightupon approval of a site specific development planThere being no further comments, the Chairman closed the public hearing5 Vested - Right - Ordinance Adopted and Amended into the Johnston County Zoning OrdinanceUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner James W Cash andcarried by unanimous vote, the Board adopted AN ORDINANCE IMPLFMENTING THE STATUTORY VESTEDRIGHT PROVISIONS OF G S -153A -344 and incorporated it into the Johnston County Zoning OrdinanceREFERENCE Johnston County Ordinance Book #2, pages 54 -566 Public Hearing Airport Overlay Zoning DistrictAdvertised October 18; October 22, 1991 - The Smithfield HeraldJeff Coutu introduced Gary Varga of WK Dickson Company, consultant to the JohnstonCounty Airport Authority Mr Varga explained the Airport Height Hazard Ordinance Map adopted in154November 4, 1991 Continued1984 has been revised by federal requirement to show the area affected by the extension of theairport runway from 4,400 to 5,5001 Revisions do not affect residential land uses,, only theheight of proposed structures that will be higher than 1501Mr Coutu pointed out the Airport Height Hazard Ordinance and revised map needs to beincorporated into the Johnston County Zoning Ordinance to create an Airport Overlay ZoningDistrictThere being no further comments, the Chairman closed the public hearing7 Airport Height - Hazard Ordinance Revised Map Incorporated into the Johnston CountyZoning- OrdinanceUpon a motion by Commissioner James W Cash, seconded by Commissioner Jerry F Wood andcarried by unanimous vote, the Board moved to incorporate the Airport Height Hazardous Ordinanceand Revised Map into the Johnston County Zoning Ordinance to create an Airport Overlay ZoningDistrictREFERENCE E Johnston County Ordinance Book #2, page 518 Road Name - ComplaintCarlBagley, Micro Township, metwith theBoard about the names of SR 2363 and SR 2334He stated hewanted SR 2363 which runsin frontof his home named Bagley Road, and he voicedopposition toSR 2334 which intersects infront ofhis property being called Old Bagley RoadThe Board informed Mr Bagley the County already has a Bagley Road SR 2339, however,they added citizens may petition to have road names changed as soon as the one year moratoriumends, April, 19929 Above - Ground Gasoline StorageUpon a motion by Commissioner James W Cash, seconded by Commissioner John M Bookerand carried by unanimous vote, the Board approved above - ground gasoline storage tanks for ruralJohnston County service stations, in accordance with the State Building Code10 Community Development Block Grant - AdministratorHaving reviewed proposals for administrative services for the Red Hill GraytownCommunity Development Block Grant, Anne Eason, Director of Johnston County Housing AssistancePayments Program, recommended the County award a contract to Lula Sanders who scored highest inthe evaluation processUpon a motion by Commissioner Frank B Holding, seconded by Commissioner John M Bookerand carried by unanimous vote, the Board moved to award contract to Lula Sanders for theadministration of the CDBG Revitalization project for Red Hill Graytown11 Resolution - Authorizing Signatories for Commumity Development Block GrantUpon a motion by Commissioner Frank B Holding, seconded by Commissioner John M Bookerand carried by unanimous vote, the Board adopted the following resolutionRESOLUTION AUTHORIZING THE CHAIRMAN OF THE COUNTY OF JOHNSTONAND THE FINANCE OFFICER TO ACT AS SIGNATORIESWTtEAS, The County of Johnston has been granted a CommunityDevelopment Block Grant numbered 91 -C -8138; andW EMEA-S, authorized signatories from at least two officials arerequired to requisition Community Development Block Grant FundsNOW TAE BE IT RESOLVED, that the Board of Commissioners ofJohnston County approve the Chairman of Johnston County and the FinanceOfficer to act as signatories for the requisition of Community DevelopmentBlock Grant Funds for Project Number 91-C -8138, effective November 1, 199112 Award of -Bid Radio TowerReadvertised 101191 Opened 102891The Board reviewed the following bid submitted upon readvertisement for construction ofa 400 radio tower at the Johnston County landfillTWR Telecon, Inca - Houston, TexasMaterials45,130Labor23,955Freight1,600TOTAL70,685Ii155November 4, 1991 ContinuedNo other bids were receivedUpon a motion by Commissioner James W Cash, seconded by Commissioner Jerry F Wood andcarried by unanimous vote, the Board awarded contract for construction of a 400 radio tower atthe Johnston County Landfill to TWR Telecom, Inc for the bid price of 70,685, subject toapproval by the FAA13 Public Hearing -Set Ambulance Franchise OrdinanceUpon a motion by Commissioner Frank B Holding, seconded by Commissioner James W Cashand carried by unanimous vote, the Board called for a public hearing on Monday, December 2,1991, at 1100 am for the purpose of hearing public comment on a proposed ordinance regulatingemergency medical services and granting of franchises to ambulance operators14 Triangle J Council -of Goverrments Economic Development ResolutionUpon a motion by commissioner Jerry F Wood, seconded by Commissioner John M Bookerand carried by unanimous vote, the Board adopted the following resolutionWHEREAS, in North Carolina, Lead Regional Organizations haveestablished working relationships with the cities and counties throughoutthe state; andWHEREAS, many cities and counties continue to need assistance inpursuing economic and community development opportunities, but federalassistance in the form of intergovernmental revenues have been curtailed inrecent years; andLEAS, the 1991 General Assembly appropriated 864,270 to help thelead regional organizations assist local governments with grantapplications, economic development, community development, support localindustrial development activities, and other activities and deemedappropriate by their local governments; and WHEREAS, in the event that a request is not made by a unit ofgovernment for release of these funds, the funds will revert to the StatesGeneral Fund; andWHEREAS, in Region J, funds in the amount of 48,015 will be used tocarry out the economic development plan approved by the COG Board ofDelegates, and to improve the economy of all cities and counties in theregionNOW THEREFORE BE IT RESOLVED that the Johnston County Board ofCommissioners requests the release of 5,54570 to the Triangle J Council ofGovernments in accordance with the provisions of Chapter 689 of the 1991Session LawsAdopted this 4th day of November, 1991Triangle J Council of Government December Meeting in SmithfieldBoard members agreed to personally contribute 25 at their own expense to help defraycosts of holding a Triangle J COG meeting in Smithfield on December 4, 199115 Wilsons Mills-Fire- Department - Approval of Tax Exempt LoanCommissioner Jerry F Wood moved that the following resolution be adoptedamNOW, THEREFORE, BE IT HEREBY RESOLVED, that the Board of Commissionersof Johnston County, North Carolina, does hereby approve a tax - exempt loan tothe Wilsons Mills Volunteer Fire Department Inc from First Citizens Bank Trust Company in the principal amount of 50,000 which loan is for theconstruction of a fire station for the Volunteer Fire Department, which firestation will be owned and operated by the VFD at the following address POBox 82, Wilsons Mills, N CCommissioner John M Booker seconded the motion which carried by the following voteAyes Norman C Denning, Jerry F Wood, John M Booker, and James W CashNo NoneAbstaining Frank B HoldingNovember 4, 1991 ContinuedM Authorization to Accept State Loan for Expansion to the Johnston Central WastewaterTreatment-PlantCommissioner Frank B Holding moved the Board accept State Water Pollution ControlRevolving Loan, project # CS370560 -05, in the amount of 4,463,000, for the expansion of theJohnston Central Wastewater Treatment Plant Commissioner Holding further moved that ChairmanNorman C Denning and County Manager Richard B Self be authorized to sign the necessarydocumentsCommissioner John M Booker seconded the motion which carried by unanimous vote17 Budget - Amendments- ApprovedA Social - Services - CrisisUpon a motion by Commissioner John M Booker, seconded by Commissioner Frank B Holdingand carried by unanimous vote the Board approved the following budget amendmentExpenditure Decrease10 -6110 1900 Crisis28,00300Expenditure Increase10 -6110 1901 C P L Crisis monies6,83688Revenue Decrease10 -3531 8200 Crisis28,00300Revenue Increase10 -3531 8200 C P L6,83688B Emergency Management Reimbursement for Expenses on Selma Train DerailmentUpon 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 Departmental Supplies105300 3300 45500Revenue Increase103583 8200 Emergency Management 45500C Water - Sewer Installation of 24 Casing Under US 70 at SR 1501 Intersection forFuture-Water-LoopUpon a motion by Commissioner John M Booker, seconded by Commissioner Frank B Holdingand carried by unanimous vote, the Board approved the following budget amendmentExpenditure Increase20 42008812 US70 - SR 1501 9,60000Expenditure Decrease20 42005010 Clayton Waste Water Line 9,6000018 Appointments ApprovedA Board of- HealthCommissioner Jerry F Wood moved that Lyndon K Jordan be appointed to fill the briefunexpired term of Dr LS Woodall on the Johnston County Board of Health Commissioner Woodfurther moved that Dr Jordan be appointed to a subsequent full term beginning December, 1991,and expiring December, 1994Commissioner John M Bookerseconded the motion which carried by unanimous voteB Area Mental Health -BoardUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner John M Bookerand carried by unanimous vote, the Board appointed Jacqueline J Lacy, Selma, to the JohnstonCounty Area Mental Health Board for a term to expire October, 1995C Pine Level - Planning -BoardAt the recommendation of the Pine Level Town Council, Commissioner John M Booker movedthat Loomis Crocker, Route 4, Selma, and JT Stallings, Route 3, Selma, be appointed as ETJregular members to the Pine Level Planning Board Terms to expire October, 1994Commissioner Frank B Holding seconded the motion which carried by unanimous vote19 Recreation Grant Approved Budget AmendmentUpon a motion by Comnissioner James W Cash, seconded by Comnissioner Frank B Holdingand carried by unanimous vote, the Board approved a recreation grant for Clayton AthleticBooster Club in the amount of 2,000, and authorized the following budget amendmentExpenditure Increase - Special Appropriations10 66506220 Recreation Grants 2,00000Expenditure Decrease10 66505700 Contingency Fund 2,00000Executive- SessionUpon a motion by Commissioner James W Cash, seconded by Coamissioner John M Bookerand carried by unanimous vote, the Board recessed regular session to meet in executive sessionfor the purpose of discussing pending litigation and real estateRegular 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 regularsessionThere being no further business, Comnissioner John M Booker moved the Board adjournCommissioner Frank B Holding seconded the motion which carried by unanimous voteNorman C Denning, Chairman21Joy e H Ennis, Deputy ClerkN157DetailsAnnotationsEntry PropertiesModified11192013 30809 PMCreated3282003 80508 AMTemplateMinutesFieldsMinutes - TypeRegularMinutes - Date1141991Book19