September 5, 1989 - 10:00 AM - County Board of Commissioners Meeting Minutes

September 5, 1989The Johnston County Board of Commissioners met in regular session on Tuesday,September 5, 1989, at 1000 am in the Commissioners Room, Johnston County CourthouseAnnex, Smithfield, North Carolina, with the following members presentNorman C Denning, Chairman, Frank B Holding, Vice Chairman, James W Cash,Jerry F Wood, DDS and John M Booker, DVMMembers Absent NoneAlso Present Richard B Self, County Manager, Joyce H Ennis, Deputy Clerk tothe Board, 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 7,1989, board meeting There being no corrections, the Chairman declared the minutes standapprovedSeptember 5, 1989 ContinuedLL00 Ln 0 V N In a 0 0 C 0 16 to 0 0 0 a 0 0 a 0 N N 0 w 0 00000fA0 00000000MOOM0000ONNCOWWOLO d U rl_,ZAl00 00q^ kq 110-10 N 1N mrInIn 0 0N 0 NWOMM r, 0 ON M CID 0 CIDa 4? I- a ? 6 ? V? 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N N cmryIA,U1 llt ll1 U1 tliI tZM NNN?NNomommmm467NwcraEJ 9001September 5, 1989 Continued2 1989 -90 Secondary Road Construction ProgramMr Ross Hailey, Maintenance Engineer for the Department of Transportation,presented the preceding finalized 1989 -90 Secondary Road Construction Program for theBoards approval He explained neither of the alternate programs presented in June, 1989,proved to be correct when monies were actually allocated following the passage of the StateHighway Funding Bill He said Johnston County will get approximately 800,000 additionalmoney for road construction this yearUpon a motion by Commissioner Jerry F Wood, duly seconded by Commissioner FrankB Holding and carried by unanimous vote, the Board approved the 1989 -90 Secondary RoadConstruction Program as presentedMr Walter Barnes from ONeals Township SR 2106 was present and it wasdetermined SR 2106 should be eligible for paving within the next two yearsNOTE Secondary Road Construction Programs approved June 5, 1989 Book 18, pages410 -412 are null and void3 Tax Foreclosure Proceeding - Correction DeedCommissioner Frank B Holding moved the Board authorize County Attorney, W RBritt, as Commissioner of the Court to execute and deliver to the County a correction deedconveying Lots 3, 4, 5 and 6 of Block A of the Town of East Selma as platted of record inBook X -8, page 24 and 25, and requests the court order the Register of Deeds of JohnstonCounty to make a marginal notation on the deed recorded in Book 306, page 83, JohnstonCounty Registry, that it was made through error, and that there was never any intent orauthority for the Commissioners to convey lot 2 as described in that deed, and that acorrection deed is recordedCommissioner Jerry F Wood seconded the motion which carried by unanimous vote4 Water Main Relocation - US 70 -US 70AUpon a motion by Commissioner Frank B Holding, seconded by Commissioner Jerry FWood and carried by unanimous vote, the Board authorized the expenditure of up to 161,200from the Contingency Fund for relocation of county water mains for the US 70 and US 70AHighway Improvements Project near Clayton, and further authorized the proper budgetamendment be made5 Moccasin Creek Drainage DistrictGordon Peedin, representingMoccasin Creek Drainage District,and Bill Harrell,District Conservationist, met with theBoard explaining thatdue to icestorm damage, theDrainage District is eligible for a 6623 State grant, up to100,000, whichwould requirematching 33 13 funds Mr Peedinsaid the money isneeded forimprovements andmaintenance for the District Watershedand would be used, asneeded, overa 2 year periodThe Drainage District requests the County loan them the necessary match money, withthe understanding the loan will be repaid within seven to eight years with assessment feescollected from property owners in the districtIn discussion, questions were raised as to whether the Drainage District could legallyborrow money and whether assessment fees might be increased The Board asked Mr Peedinto check with Will Crocker, Clerk of Superior Court, and report back later in the day6 Proclamation - Emergency Management Service WeekUpon a motion by Commissioner John M Booker, seconded by Commissioner Frank BHolding and carried by unanimous vote, the following Proclamation was adoptedPROCLAMATIONEMERGENCY MEDICAL SERVICES WEEKSeptember 17 -23, 1989WHEREAS, The members of emergency medical services teams devotetheir lives to saving the lives of others;WHEREAS, emergency medical services teams consist of emergencyphysicians, nurses, emergency medical technicians, paramedics, educators, andadministrators;? aFFi• tSeptember 5, 1989 ContinuedWHEREAS, the people of JOHNSTON COUNTY, NORTH CAROLINA, benefitdaily from the knowledge and skill of these trained individuals;WHEREAS, advances in emergency medical care increase the number oflives saved every year;WHEREAS, the professional organizations of providers of emergencymedical services promote research to improve and adapt their skills as newmethods of emergency treatment are developed;WHEREAS, the members of emergency medical services teams encouragenational standardization of training and testing of emergency medical personneland reciprocal recognition of training and credentials by the States;WHEREAS, the designation of EMERGENCY MEDICAL SERVICES WEEKwill serve to educate the people of JOHNSTON COUNTY, NORTH CAROLINA,about accident prevention and what to do when confronted with a medicalemergency; andWHEREAS, it is appropriate to recognize the value and theaccomplishments of emergency medical services teams by designatingEMERGENCY MEDICAL SERVICES WEEKNOW, THEREFORE, BE IT RESOLVED BY THE JOHNSTON COUNTY BOARDOF COMMISSIONERS, in recognition of this event do hereby proclaim the weekof September 17 -23, 1989, asEMERGENCY MEDICAL SERVICES WEEK°and encourage the community to observe this week with appropriate programs,ceremonies, and activitiesThis the 5th day of September, 1989Dewayne West, Emergency Management Services Director, informed the Board of themany events scheduled for the EMS week He also told the Board on September 19, 1989, theCounty will hold the first functional exercise of the Emergency Operation Plan, using a floodscenario He urged the Commissioners to take part in this condensed, three hour exercise7 Blackmons Crossroads Fire District - Call for Special ElectionUpon a motion by Commissioner Jerry F Wood, duly seconded by Commissioner JohnM Booker and carried by unanimous vote, the following resolution was adoptedRESOLUTION CALLING FOR SPECIAL ELECTIONWHEREAS, a petition has been duly presented to the Johnston County Board ofCommissioners by at least 35 per cent of the resident freeholders living in the area lyingoutside the corporate limits of any municipality in Johnston County, and being known as theBlackmons Crossroads Fire District, and being described as followsBLACKMONS CROSSROADS FIRE DISTRICT Five Mile DistrictBeginning at a point 1 at the intersection of Five Point Road #1176 and Tart Road#1174; thence in a northwesterly direction to a point 2 on Stewart Road #1171 02 milesouth from its intersection with Benson - Bentonville Road #1143 ; thence in a northwesterlydirection to a point 3 on Benson - Bentonville Road #1143 03 mile west from its intersectionwith Stewart Road #1171; thence in a northeasterly direction to a point 4 on Stewart Road #1171 03 mile north from its intersection with Benson - Bentonville Road #1143 thence in anortherly direction following the Banner Fire District boundary to a point 5 on Road #1158,2 tenths mile northeast of its intersection with Road #1171; thence in a northerly directionalong the Banner Fire District boundary to a point 6 on Road 1220, 4 tenths mile north ofits intersection with Road #1171; thence in a northeasterly direction following the Wynn FireDistrict boundary to a point 7 on Road #1166, 35 tenths mile north of its intersection withRoad #1159; thence in a easterly direction to a point 8 on Juniper Church Road #1159 035mile northeast from its intersection with Parker Road #1166 ; thence in a northeasterlydirection to a point 9 on Teterville Road #1160 05 mile west from its intersection withHockaday Road #1162 excluding property on Road #1160 west of this point thence in anortheasterly direction to a point 10 on Hockaday Road #1162 01 mile north from itsintersection with Teterville Road #1160; thence in a northeasterly direction to a point 11 ;on NC Highway #96, 07 mile north from its intersection with Toole Road #1150; thence ina easterly direction to a point 12 on Road #1213, 15 tenths northwest of its intersection470September 5, 1989 Continuedwith Road #1179; thence in a southerly direction following the Stricklands Crossroad FireDistrict boundary to a point 13 on Road #1153, at its intersection with Road #1151; thence ina southerly direction to a point 14 on Scotland Neck Road #1151 01 mile south from itsintersection with Massengill Road #1153 ; thence in a southerly direction to a point 15 onScotland Neck Road #1151 03 mile north from its intersection with Cooledge Road #1152 ,excluding all property along Scotland Neck Road #1151 between this and the preceding point; fthence in a southerly direction to a point 16 on Lee Union Road #1148 05 mile north fromits intersection with Benson - Bentonville Road #1143; thence in a southeasterly direction to apoint 17 on Benson- Bentonville Road #1143 05 mile east from its intersection with LeeUnion Road #1148; thence in a southwesterly direction to a point 18 on Lee Road #114705 mile south from its intersection with Benson - Bentonville Road #1143 ; thence in asoutherly direction to a point 19 on Lee Road #1146 08 mile east from its intersection withHall Road #1145, excluding all property along Lee Road #1146 between this and thepreceding point thence in a southeasterly direction to a point 20 at the intersection ofOak Forest Road #1144 with Jule Road #1138 ; thence in a southerly direction following theStricklands Crossroads Fire District boundary to a point 21 at Meadow Fire Districtboundary; 5 tenths mile south of the Stone Creek Bridge on Road #1138 , excluding allproperty on Road #1138 between this and the preceding point; thence in a westerlydirection along the Meadow Fire District boundary to a point 22 at the intersection of #1140 with #1139 ; thence in a northwesterly direction to a point 23 on NC Highway#96, 06 mile south from its intersection with Johnson Road #1005, excluding all propertyalong Barefoot Road #1139 between this and the preceding point; thence in a westerlydirection to a point 24 on Johnson Road #1005 02 mile southwest from its intersectionwith Five Point Road #1176; thence in a westerly direction to the point 1 of beginningIt is requested that the Board of Elections of Johnston County hold a special electionin said district for the purpose of submitting to the qualified voters in said area thequestion as to whether or not there shall be levied and collected in said area a special taxnot to exceed 150 on the 100 in valuation of all taxable property, real or personal, in saidarea for the purpose of providing fire protection in said fire districtIf the special tax is approved, Chairman Denning instructed Tax Administrator, JohnStott, to meet with Blackmons Crossroads Fire Chief to verify property owners in the firedistrict and make proper notations on listing forms8 Budget Amendments ApprovedA Health DepartmentUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner James WCash and carried by unanimous vote, the following budget amendment was approvedExpenditure Increase Maternal Health10- 5925 -0200 Salaries 200Revenue Increase Maternal Health10- 5919 -823 DHS Funds 200Debt Service FundUpon a motion by Commissioner John M Booker, seconded by Commissioner Frank BHolding and carried by unanimous vote, the following budget amendment was approvedExpenditure Increase- Debt Service3091008867 Bond Council Fees 9,395Revenue Increase- Debt Service3039818200 From General Fund 9,3959 Register of Deeds - Destruction of RecordsIn accordance with NC GS Chapters 121 and 132 and approval of the NCDepartment of Cultural Resources Schedule, and upon motion by Commissioner Jerry F Wood,duly seconded by Commissioner James W Cash and carried by unanimous vote, the Boardauthorized destruction of the following records40 Uniform Commercial Code GS 25- 9 -491ff b Financing Statements, Continuation Statements and Statements ofAssignment, Amendments or partial releases relating thereto schedule Destroy6 years after date filedStatements from 1967 to 1976471September 5, 1989 Continuedd Termination Statements - Schedule Retain as long as the financingstatement of continuation statement would have been effective, then destroyTerms from 1968 to 197910 AppointmentsA Alcoholic Beverage Control BoardCommissioner Jerry F Wood moved that Jimmy Rogers Flowers, Clayton, bereappointed to the Alcoholic Beverage Control Board for a term of 3 years Term to endSeptember, 1992Commissioner John M Booker seconded the motion which carried by unanimous voteB Industrial Facilities and Pollution Control Financing AuthorityUpon a motion by Commissioner James W Cash, duly seconded by Commissioner FrankB Holding and carried by unanimous vote, Jack R Coats,, Clayton, was appointed to theJohnston County Industrial Facilities and Pollution Control Financing Authority for a six yearterm Term to end September, 1995 C Council on Status of WomenCommissioner James W Cash moved that Norma Cochran, Clayton, be appointed to theJohnston County Council on Status of Women for a two year term Term to end September,1991 Commissioner John M Booker seconded the motion which carried by unanimous votell Request for Easement - CP LCounty Manager, Richard Self, told the Board CP L has requested an easement oncounty property in Clayton Township containing 1 lot and being the land described in adeed from Worth M Pounds to County of Johnston, dated November 14, 1977 for the purposeof relocating a power line pole, due to construction on Highway 70A He explained the poleserves the countys water pumping stationUpon a motion by Commissioner John M Booker, duly seconded by CommissionerJames W Cash and carried by unanimous vote, the Board authorized Chairman Norman CDenning to execute the easement12 Subdivisions ApprovedUpon the recommendation of the County Planning Board, the following subdivisionswere considered for approvalA Southgate Section III, Southwind Development Co, Owner; SR 1526, ClevelandTownship, 37 lots; Restrictions Landscaped entrance sign; upon motion by Commissioner JohnM Booker, seconded by Commissioner Jerry F Wood and carried by unanimous vote; platexecuted by Chairman B Willowbrook, Section VIII Townhouses, Willowbrook, Inc, Owner;Old US 70, Clayton Township, 4 buildings; motion by Commissioner James W Cash,seconded by Commissioner John M Booker and carried by unanimous vote, plat executed byChairman C Honeysuckle Woods, Charles Lee Byrd, Owner; SR 1307, Elevation Township, 25lots; Restrictions Landscaped entrance sign; motion by Commissioner John M Booker,seconded by Commissioner James W Cash and carried by unanimous vote; plat executed byChairman13 Oak Grove Compaction Site Opened - ReportThe County Manager reported the Oak Grove Compaction Site, located on Highway 301north of North Johnston High School, opened during the Labor Day Weekend He said theoperation went smoothly and was viewed favorably by the neighborhood14 Discussion - School Bond IssueThe Board was asked to comment on the 47 Million School Bond Referendum that willbe voted on September 26, 1989Chairman Denning said the Board is preparing a statement concerning the financingof the proposed bonds and hopes to release this information before the Board adjourns todayCommissioner Frank B Holding commented he feels any projections are subjective as472September 5, 1989 Continuedunknown quantities are involved; however, in his opinion, if the Bond Issue prevails, theCounty will owe approximately 50,000,000 interest money, and this is a real departure fromanything Johnston County has ever done before He continued saying he feels the taxpayersowe no apology for the money allocated to schools, explaining that in Johnston County, 431of the tax dollar this year 1989 -90 is committed to Education, while in Mecklinburg County,the percentage is only 221 Even though the tax dollar in Mecklinburg representssignificantly more revenue than in Johnston County because of their large tax base, MrHolding said, Considering our ability to pay, I think we are doing pretty goodHe concluded saying the bonds, if passed, may be doing young people a favor, butthese same young people will have to pay off the bonds15 Moccasin Creek Drainage District ResolutionWill Crocker, Clerk of Superior Court, appeared before the Board to answer questionsconcerning Moccasin Creek Drainage District He said the Drainage District may legally borrowmoney, however, any increase in assessment could not be considered until after next JulyMr Gordon Peedin explained the money would not be needed until after the first ofthe year, and then only as needed to match the State grant money in paying the projectbillsCommissioner Frank B Holding moved the County lend Moccasin Creek DrainageDistrict Johnston County Drainage District #1 funds, as needed, up to 35,000 from FY1990 -91 budget, to match State grant money, at an interest rate not to exceed 6 ; loan plusinterest to be paid back within eight years Commissioner Holding further moved the followingresolution be adoptedRESOLUTIONWHEREAS, the Johnston County Board of Commissioners desires tosponsor Johnston County Drainage District Number 1 hereafter referred to asBoard to clear the channels from debris and allow adequate and safedrainage-of the district; andWHEREAS, the ice storm caused unusual damage to trees which haveblocked the channelNOW, THEREFORE, BE IT RESOLVED THAT1 The Board of County Commissioners requests the State of NorthCarolina to provide financial assistance to Johnston County DrainageDistrict Number 1 in the amount of 100,000 or 66 23 of projectcost, whichever is the lesser amount;2 The Board assumes full obligation for payment of the balance ofproject cost;3 The Board will obtain all necessary State and Federal permits4 The Board will comply with all applicable laws governing the awardof contracts and the expenditure of public funds by localgovernments5 The Board will supervise construction of the project to assurecompliance with permit conditions and to assure safe and properconstruction6 The Board will obtain suitable spoil disposal areas as needed andall other easements or right -of -way that may be necessary for theconstruction, clearing and operation of the project without cost orobligation to the State;7 The Board will assure that the project is open for use by thepublic on an equal basis with no restrictions;8 The Board will hold the State harmless from any damages that mayresult from the construction, clearing, operation and maintenance ofthe project;9 The Board accepts responsibility for the operation and maintenanceof the completed projectMINaitDetailsAnnotationsEntry PropertiesModified11192013 34440 PMCreated442003 122859 PMTemplateMinutesFieldsMinutes - TypeRegularMinutes - Date951989Book18