August 6, 1990 - 10:00 AM - County Board of Commissioners Meeting Minutes

Meeting of the Johnston County Board of CommissionersAugust 6, 1990The Johnston County Board of Comnissioners met in regular session on Monday, August 6,1990, at 1000 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 June 26, 1990,and July 2, 1990, board meetings There being no corrections, the Chairman declared the minutesstand approved as presented2 Department of Transportation Addition to State Maintained SystemThe Board reviewed petitions presented by NC DOT requesting the following streets -beaddedto the State secondary road system for maintenance1 Car -Mill Drive, Hickory Hills Estate, Selma Township2 Lee Street, Scott Court and Leeway Court, Lee Chase Subdivision, Cleveland Township3 Meadow Court and Marsh Court, Johnston Meadows Subdivision, Clayton Township4 Stonebrook Drive and Stone Lane, Stonebrook Subdivision, Clayton TownshipFollowing the review, Commissioner Frank B Holding moved NC Department ofTransportation be requested to add these streets to the State maintained systemComnissioner Jerry F Wood seconded the motion which carried by unanimous vote3 Recreation Grants ApprovedUpon a motion by Commissioner James W Cash, seconded by Commissioner Frank B Holdingand carried by unanimous vote, the Board approved the following recreation grantsKenly Kiwanis Club - 2,000; Clayton Band Backers — 2,000; Selma Parks Recreation -2,000; Princeton Babe Ruth - 2,000; Wilsons Mills PTA - 2,000; Town of Clayton -2,000; Clayton Comumity Recreation Foundation 2,000; Pine Level RecreationCommission - 2,000; South Smithfield Primary School - 2,000; Glendale ChapelRecreation - 2,0004 Budget Amendments Approved - Health DepartmentUpon a motion by Comnissioner Jerry F Wood, seconded by Commissioner James W Cashand,carried by unanimous vote, the Board approved the following budget amendments for the HealthDepartmentExpenditure Increase — Home Health10- 5935 -0200 Salary 80010- 5935 -2600 Public Awareness 50010- 5935 -1110 Postage 50010- 5935 -1200 Printing 50010- 5935 -3300 Educational Supplies 4,500TOTAL 69800Revenue Increase - Home Health10- 3520 -9100 DEH NR 6,800Expenditure Increase - Environmental10- 5910 -0200 Salaries 24,36110- 5910 -0500 FICA 2,00010- 5910 -0610 Life Ins 9010- 5910 -0600 Health Ins 1,54010- 5910 -7400 Capital Outlay 450TOTAL 28,441Revenue Increase - Environmental10- 3518 -82 Env Health Fees 28,441Vi603August 6, 1990 Continued5 Advertisement for Bids Courthouse RepairCommissioner James W Cash moved the Board authorize the County Manager to advertisefor bids on facia repair to the top portion of the old courthouse building, including repoint,waterproof and repair of parapetComnissioner John M Booker seconded the motion which carried by unanimous vote6 Surplus Property Sheriffs Department VehicleCommissioner Jerry F Wood moved the following Sheriffs Department wrecked vehicle bedeclared surplus property and sold to a salvage disposal company1989 Crown Victoria - Serial #2FABP72G7KX174729Commissioner John M Booker seconded the motion which carried by unanimous vote7 Public Hearing Rezoning Requests, Clayton TownshipAdvertised July 17 and 27, 1990 - The Smithfield HeraldJuly 17, 1990 - The Clayton News StarNotices posted at locations Certified letters mailed to adjoining property ownersThe Chairman opened the Public Hearing and invited anyone who wished to address theBoard on the following rezoning casesA Rezoning Request Case #006 - George Coats, 203 Acres, Powhatan Road, ClaytonTownship; AR R -40 to I -2Jeff Coutu, County Planning Director presented a map and pointed out the area inquestion noting the zoning of adjacent propertyRoger Hill, resident on Powhatan Road, explained he was not against development and newindustry, however, he opposed rezoning this property Industrial 2 because of the manyundesirable types of industry that could locate across from his home He asked the Board toconsider the residents in the area, as well as the members of Powhatan Free Will Baptist Churchwhich is located across from the propertyLarry Smith, property owner on Powhatan Road, spoke in opposition to the rezoning Hevoiced concern that heavy industry would destroy the established residential and churchcommunityChristine Hill opposed the rezoning and asked the Board to consider the area residentsand church familyDon Melcher questioned the types of waste products industrial plants might generate,and requested the Board consider this aspect when bringing industry into the CountyLinda Smith, who plans to build a home on Powhatan Road, opposed the rezoning sayingincreased traffic would create problems for elderly church members She noted the railroadcrossing on Powhatan Road is already a hazardGinger Hill opposed the rezoning explaining the area is a peaceful country residentialcommunity, and asked the Board not to change itShirley Bullock, Rosa Smith and Lynn Holmes also spoke in opposition to the rezoning ofthis propertyFollowing a question of procedure on rezoning requests, Jeff Coutu explained thePlanning Board will reconsider the application, make their recommendation, and send the requestsback to the Board of Commissioners for a final decisionChairman Denning assured those present that the final meeting would be held at night,and that all parties would be properly notifiedConcerning the railroad crossing on Powhatan Road, Comnissioner Frank B Holdingcommented that the State requires certain criteria be met before installing gates and or signallightsLarry Smith noted the heavy overgrown brush at the crossing creates a serious sitehazardAugust 6, 1990 ContinuedThe Chairman closed the portion of the Public Hearing on rezoning case #006Upon a motion by Commissioner Frank B Holding, seconded by Commissioner James W Cashand carried by unanimous vote, the Board instructed the County Manager to check with NC DOT onclearing the brush at the Powhatan Road railroad crossing The County Manager was also asked toobtain information and inform the community of the specific state criteria for installing gatesand signal lights at railroad crossingsContinuing with the Public Hearing, the Chairman invited response to the secondrequest, case #007B Rezoning Request Case #007, Joseph Joye, 637 Acres, Guy Road and Winston Road,Clayton Township; AR r -40 to Commercial BusinessJeff Coutu identified the 637 acres on a map and pointed out the zoning of surroundingproperty He explained a building permit to construct a super market was issued prior to CountyZoning in the area, and the building is currently under constructionDan Daily, manager of the Red and White Super Market proposing to locate on theproperty, informed the Board the business would be kept clean and neat, provide ample parkingspace, and be well landscapedThere being no further comments, the Chairman closed the Public Hearing on rezoningrequests #006 and #0078 Rezoning Cases Referred Back to Planning BoardUpon a motion by Commissioner James W Cash, seconded by Commissioner Jerry F Wood andcarried by unanimous vote, the Board agreed to send rezoning requests, case #006 and case #007,back to the Johnston County Planning Board for further consideration9 Presentation - East Clayton Industrial Area - InfrastructureGloria Faulk, a marketing agent, and Tom Moore, Chairman of the Industrial DevelopmentCommission, appeared before the Board requesting the County consider adopting a plan forproviding necessary infrastructure for future development in the East Clayton industrial areaIt was noted the waste water flow into the town of Clayton is at capacity, and an overall planfor additional service to the area would be attractive to industrial prospectsSteven Woodard, property owner, informed the Board he and other land owners in the areawould like to proceed with running water and sewer lines on their property, and are asking theCounty to assure them of sewer capacity when prospective buyers are ready to connect to Countylinesj Tim Broome, President of Ragsdale Consultants, explained the State will not grantproperty owners sewer line construction permits until capacity is available He noted, however,if a plan is in place, the State might waive this requirementCommissioner Frank B Holding remarked the County has traditionally promised to providewater and sewer to prospective industries only upon the industry actually beginningconstruction He added the County could not participate in real estate speculation, however saidit seemed reasonable to look at the total picture for infrastructure in the areaChairman Norman C Denning asked Mr Moore to work with County Manager, Richard Self,the Town of Clayton and Ragsdale Consultants to develop a plan and bring it back to the Boardfor consideration10 Sewer Collection Svstem - East of ClaytonClayton Manager, Robert Hyatt, addressed the Board on concerns involving the sewercollection system east of Clayton He explained that due to the system running at capacity, anunusual amount of stress is being put on the force main and lift station, and said the ClaytonTown Council feels the problem of major repairs needs to be addressedCommissioner John M Booker asked if any reserve fund from user pay has been set asidefor major repairs to county linesI? dThe County Manager explained that towns are responsible for maintenance, which theyprovide for in their user rate structure Major repairs have not been a concern until now, andonly because the east Clayton system is being over - workedThe Board took no action at this timer ? ?August 6, 1990 Continued11 County Property Declared Surralus - Buck Adams Container SiteBuck Adams, property owner in ONeals Township, informed the Board he is interested inpurchasing back the one acre tract of land, located off Highway 39, that Johnston County boughtfrom him in the early 1980s for a solid waste container site He noted the County is no longerusing the propertyUpon a motion by Commissioner Frank B Holding, seconded by Commissioner Jerry F Woodand carried by unanimous vote, the Board declared the old Buck Adams solid waste container siteapproximately one acre located off Highway 39 in ONeals Township, as surplus property, andauthorized the land be sold at public auction12 Bid Awarding Modification to Central Johnston County Regional Wastewater TreatmentPlantBid Opening July 10, 1990 - 2 oclock pmTim Broome of Ragsdale Engineers reviewed with the Board the following bids received onthe Modification to Central Johnston County Regional Wastewater Treatment PlantGeneral ConstructionKinsey Contracting -Base Bid638,847Alternate 2BADD1,800Crowder ConstructionCo - Base Bid741,940Alternate 2ADEDUCT1,350Alternate 2BDEDUCT1,800Compton Construction- Base Bid743,000Alternate 2BDEDUCT2,000TA Loving - Base Bid786,020NO ALTERNATECarlisle Contractors- Base Bid1,130,400Alternate 2ADEDUCT800Alternate 2BDEDUCT1,000ElectricalTA Loving 47,500Mr Browne explained the Board has the option of County Staff performing the electricalconstruction in -house with limited force account at a cost of 20,000Following discussion, Commissioner Jerry F Wood moved the County award contract forGeneral Construction to low bidder, Kinsey Contracting Company, Dunn, NC, in the amount of638,847 for the modification of the Johnston County Regional Wastewater Treatment Plant, asrecommended by Ragsdale Consultants Commissioner Wood further moved the County reject theelectrical bid from TA Loving and authorize the electrical work for this project be done byCounty force account at a cost of 20,000; engineering cost, 142,785Commissioner Frank B Holding seconded the motion which carried by unanimous vote13 Water Supply Facilities to Industrial Site at Johnston County AirportTim Broomeprovided the Boardwith costinformation on running approximately 3500 lfof 12 water linefrom the Countys 16 water main on Highway 70 to the Johnston County Airportto serve the newfacility for Melex,USA, IncHe explained the estimated cost to the Countywould be 130,000;however, noted inorder tomeet Melex, USA, Inc fire protection criteria,the industry wouldneed to construct,on site, a 150,000 gallon ground storage tank and a 5,200gpm fire pump, at an estimated cost of125,000Upon a motion by Commissioner Jerry F Wood, seconded by Commissioner Frank B Holdingand carried by unanimous vote, the Board authorized the construction of a 12 waterline fromHighway 70 to the Johnston County Airport at a cost of 130,000, and further authorized theCounty Manager to sign necessary documents to apply for economic development grants to financethis projectFollowing discussion and upon a motion by Commissioner Jerry F Wood, seconded byCommissioner Frank B Holding and carried by unanimous vote, the Board rescinded the previousmotion authorizing construction of a 12 waterline to the Johnston County Airport facilitiesImmediately following, Commissioner Jerry F Wood moved the Board authorize CountyManager, Richard Self, to make application for economic community development grants to financethe construction of a 12 waterline from the Countys 16 water main on Highway 70 to theJohnston County Airport Commissioner Wood further moved the County Manager be authorized to1 ? •August 6, 1990 Continuedsign necessary documents to enter into an engineering agreement with Ragsdale Consultants onthis projectCommissioner Frank B Holding seconded the motion which carried by unanimous vote14 Water Sewer to Brogden Road Industrial SiteTim Broome outlined plans for supplying water, and two optional routes for supplyingsewer to an industrial site south of Smithfield off Brogden RoadThe Board postponed making a decision until such time as the industry beginsconstruction on a building15 Ragsdale Consultants Update on Water Sewer ProjectsTime Broome presented the Board with the following update on current water and sewerprojectsA Benson to South Johnston High School Waterline - SJHS should be connected to thenew 16 waterline by the beginning of 1990 -91 school yearB West Smithfield 20° By -Pass Water Main - Contractor TA Loving expects to completeproject by September 15, 1990 Change order has deleted 25,000 cost from projectChairman Norman C Denning reported he has spoken with Mr Lloyd Gilbert,Chairman of the ABC Board, concerning the possibility of using ABC revenue tofinance this water mainC Phase II of Benson to Four Oaks Waterline - Design for construction of Phase II iscomplete and elevated tank site now ready for Ragsdale to proceedThe County Manager reported the County has coordinated with the Town of Bensonand is now working with Four Oaks concerning the tapping on of residents along thenew lineM Vitley Heights Sanitary District - Waterline on SR 1501Tim Broome reported the Whitley Heights Sanitary District has received bids and isready to proceed with the construction of Whitley Heights water distribution system Heexplained the sanitary district proposes to install a 6 line along the short section of SR 1501between US 70 and Wilsons Mills; the size necessary and allowable for their projectWhitley Heights Sanitary District has suggested the County participate in thedifference between the 6 pipe and a 12 ductile line, at a cost of 22,24560, in considerationof future waterline needsFollowing discussion and upon a motion by Commissioner Frank B Holding, seconded byComnissioner James W Cash and carried by unanimous vote, the Board authorized the expenditureof 22,24560 from the Contingency Fund, to upgrade from 6 pipe to 12 pipe, a section ofwaterline to be installed along SR 1501 Burkett Jones Road between US 70 and Wilsons MillsRoad, a portion of the Whitley Heights Sanitary District water distribution system17 Hospice Request for FindsRev Chad Allen, representing Hospice, a program to help terminally ill patients, metwith the Board requesting funds to help operate the program since it is now independent of theCounty Health Department Rev Allen asked the Board to reconsider the 30,000 1990 -91 budgetrequest, as well as an additional 20,000 needed to compensate for less than anticipated privatefundingChairman Denning said the Board would consider this request18 SR 2106 - Paving Priority - Walter BarnesWalter Barnes appeared before the Board concerning the priority for paving SR 2106Priority #22The Board noted the low priority number, and Chairman Denning asked the County Managerto have Ross Hailey, DOT Maintenance Engineer, communicate with Mr Barnes about his road19 Environmental Health - Septic Tank Permit FeeWilliam Earl Ormond and Jack Edwards approached the Board concerning a 50 applicationfee charged Mr Edwards for a septic tank permit The permit was denied because the land failedto meet the environmental requirements for a septic tank, and Mr Edwards requested a refund ofthe 50607August 6, 1990 ContinuedThe Chairman explained the Board would take this request under advisement and notifyMr Edwards of their decision20 -SR 1126 - Meadow TownshipDon Melcher spoke with the Board concerning the condition of unpaved SR 1126 C TartRoad located off Highway 96 in Meadow Township Mr Melcher, who operates a business on thisroad, related it is in extremely poor condition, and maintenance efforts on the part of NC DOTare largely ineffectiveFrances Bass, property owner, stated she talked with Ross Hailey at DOT and was advisedthe State hopes to stabilize the road by the winterChairman Denning noted that Mr Melchers business, increased traffic, and additionalhomes should improve the paving priority in future ratings currently SR 1126 is PR #104;however, at present the Board can only add their request for DOT to stabilize and continuefrequent maintenance on the road21 Award of Bid Landfill ScalesAdvertised June 29, 1990 Opened July 6, 1990 - 200 pmRe- advertised July 17, 1990 Opened July 27, 1990 - 200 pmThe Board considered the following proposals for a 60 -ton truck scale to be installedat the County landfillCentral Carolina Scales, Inc 44,57671Fairbanks Scales 48,44015Following discussion, Commissioner Jerry F Wood moved the County award the bid to lowbidder, Central Carolina Scales, Inc, in the amount of 44,57671, for a 60 -ton truck scale forthe County landfillCommissioner James W Cash seconded the motion which carried by unanimous vote22 Award of Bid Landfill BulldozerAdvertised July 17, 1990 Opened July 27, 1990 - 200 pmThe Board considered the following bids for a bulldozer for the County landfillEF Craven Equipment Co - Fiat Allis FD 14E 118,83400RW Moore Equipment Co - John Deere 850 BLT 116,34317Mitchell Distributing Co - Komatsu D68E1 159,20200Gregory Poole Equipment Co - Caterpillar D6D 107,91526Alternate D6H 116,03280Following discussion and upon a motion by Commissioner Frank B Holding, seconded byCommissioner John M Booker and carried by unanimous vote, the Board awarded bid to low bidder,Gregory Poole Equipment Company, in the amount of 116,03280 for a caterpillar D6H bulldozerfor the County landfillExecutive SessionUpon a motion by Commissioner John M Booker, duly seconded by Commissioner James WCash and carried by unanimous vote, the Board recessed regular session to meet in executive forthe purpose of consulting with an attorney, to the extent that confidentiality is required inorder for the attorney to exercise his ethical duties as a lawyerRegular SessionUpon a motion by Commissioner John M Booker, seconded by Commissioner Jerry F Woodand carried by unanimous vote, the Board adjourned executive session and resumed regularsession23 Appointments ApprovedA Health BoardUpon a motion by Commissioner Jerry F Wood, seconded by Comnissioner Frank B Holdingand carried -by unanimous vote, the Board appointed M Sherrill Glover, OD to the Johnston CountyBoard of Health to fill the unexpired term of Dr Dean Strickland Term to expire December 31,1992t , ?iAugust 6, 1990 ContinuedB Council on Status of WomenCommissioner James W Cash moved the Board appoint Jeanette C Sharek, Four Oaks, andBetty Jean VanderWall, Pleasant Grove Township, to the Johnston County Council on Status ofWomen for two year terms to expire August, 1992sCommissioner Jerry F wood seconded the motion which carried by unanimous vote24 Pine Level Fire Tax RequestThe Board discussed a request from the Town of Pine Level to assess a fire tax onnon - municipal residents who are served by the Pine Level Fire DepartmentChairman Denning noted there are six fire districts in the County, including PineLevel, that have no fire tax and he anticipates similar requests from other departments in thenear future He explained a new law allows County Commissioners to impose fire tax, andrecommended postponing action until the Board hears from the other five departments25 Request for ABC Funds to Finance Water ProjectCommissioner Frank B Holding moved the Board respectfully request 250,000 ABC revenuefrom the Alcoholic Beverage Control Board to finance the West Smithfield 20 By -Pass Water MainCommissioner John M Booker seconded the motion which carried by unanimous vote26 Payment West Smithfield 20 By -Pass Water MainUpon a motion by Commissioner Frank B Holding, seconded by Commissioner John M Bookerand carried by unanimous vote, the Board approved a budget amendment in the amount of 100,000from the contingency fund to pay bills on the West Smithfield 20 By -Pass Water Main project Atsuch time as financing can be arranged, the contingency fund will be reimbursed27 Subdivisions ApprovedUpon the recommendation of the Johnston County Planning Board, the followingsubdivisions were consideredA Whispering Pines, Percy Lee, owner; SR 1569, Clayton Township; 21 lots;Restrictions Letter of credit; motion by Commissioner Frank B Holding, seconded byCommissioner James W Cash and carried by unanimous vote, plat executed by Chairman B MeadowCreek II, Sherner, Inc, owner; SR 1576, Clayton Township; 18 lots; Restrictions letter ofcredit; motion by Commissioner James W Cash, seconded by Commissioner Jerry F Wood and carriedby unanimous vote; plat executed by Chairman C River Dell Chase III, River Dell Farms, Inc,owner; SR 1735, Wilders Township; 22 lots; Restrictions street signs and addresses; motion byCommissioner James W Cash, seconded by Commissioner Jerry F Wood and carried by unanimousvote; plat executed by Chairman D Bright Leaf Park II, Clarence Gene Parrish, owner; SR 1623,Clayton Township; 7 lots; Restrictions street addresses and signs; motion by Commissioner JerryF Wood, seconded by Commissioner James W Cash and carried by unanimous vote, plat executed byChairman E South Meadows II, Southwind Development Co, owner; SR 1305, Elevation Township,25 lots; Restrictions letter of credit for road; motion by Commissioner Jerry F Wood, secondedby Commissioner James W Cash and carried by unanimous vote; plat executed by Chairman28 Kenly Tobacco Museum — Request for FundsThe Board discussed a request from the Kenly Tobacco Musetun asking the County toreconsider their 10,000 1990 -91 budget requestUpon a motion by Commissioner Frank B Holding, seconded by Commissioner Jerry F Woodand carried by unanimous vote, the Board approved a budget amendment in the amount of 10,000from contingency fund to the Kenly Tobacco Museum29 Meeting with Benson Town CouncilThe County Manager informed the Board the Benson Town Council has requested a meetingwith the County Commissioners to discuss an industrial prospect for the Benson areaThe Board asked the County Manager to contact Benson officials and make arrangementsfor the two boards to meet30 Comumications Update - Fmergency 911The County Manager gave the following report on Communications and Emergency 911A Clayton Area - test status completed - 911 now activated? 1 ?August 6, 1990 ContinuedB Bentonville Area Johnston County residents on Grantham Telephone exchange -Emergency number 689 -9911 to be activated on August 9, 1990C TDD Telephone Device for Deaf now operational in Communications CenterUpon a motion by Commissioner Frank B Holding, seconded by Commissioner Jerry F Woodand carried by unanimous vote, the Board recessed until Monday, August 13, 1990, at 830 pm1Norman C Denning, ChairmanQ?eee J? dx ?-_Jo 0e H Ennis, Deputy Clerk