April 4, 1988 - 10:00 AM - County Board of Commissioners Meeting Minutes

Meeting of Johnston County Board of CommissionersApril 4, 1988The Johnston County Board of Commissioners met in regular session Monday, April 4,1988, at 10 oclock am, Commissioners Room, Johnston County Courthouse, Smithfield, NorthCarolina, with the following members presentNorman C Denning, Chairman, Frank B Holding, Vice Chairman, James W Cash,Howard Benton and John M Booker, DVMAlso present Richard Self, County Manager, Eleanor N Creech, Clerk to the Boardand William 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 March 7, 1988,board meeting There being no corrections, the Chairman declared the minutes standapproved as recorded2 Public Hearing - General Obligation School Bonds 9,000,000jAdvertised March 11, 1988Date and Time April 4, 1988 - 1000 amPurpose To give the public an opportunity to address the Board on the GeneralObligation School Bonds issue 9,000,000The Chairman opened the Public Hearing and asked if anyone wished to be heardHubert Radford, Pine Level; Jimmy R Flowers, Board of Education Member andKenneth Baker, Four Oaks, addressed the Board All spoke in favor of the School BondReferendum and pledged their supportThere being no one else to speak on the General Obligation School Bonds, theChairman declared the Public Hearing closed3 Department of Transportation - Political Campaign SignsRoss Hailey, Maintenance Engineer, advised the Department of Transportation will beremoving all political campaign signs from highway right of ways in accordance with NCGS 136 -30 and NC G S 136-1810 He explained the removal of these signs is being donein a non partisan way4 Public Hearing - Graytown Community Development Block GrantAdvertised March 18, 1988, and March 22, 1988Date and Time April 4, 1988 - 1030 amPurpose To give the public an opportunity to discuss the proposed application forCommunity Development funds for needs in the Graytown CommunityThe Chairman opened the Public Hearing and asked if anyone wished to be heardLula Sanders addressed the application to NRCD for a grant to improve the GraytownCommunity which must be filed no later than May 19, 1988 Graytowns 1987 applicationresubmitted Total cost of the proposed project is estimated to be 600,000 and wouldinclude the following activities real property, acquisition, relocation, clearance anddisposition, housing rehabilitation, street improvements and drainage and administrationMrs Sanders told the Board this application would be more competitive if the localcommitment was increasedThere being no one else to speak on the Graytown Community Development BlockGrant application, the Chairman declared the Public Hearing closedCommissioner Howard Benton moved the County resubmit the Graytown CommunityDevelopment Block Grant application to the NRCD for considerationCommissioner James W Cash seconded the motion which carried by unanimous voteSecond Public Hearing ScheduledCommissioner John M Booker moved a second Public Hearing for the GraytownCommunity Development Block Grant application be scheduled for May 2, 1988, at 1030 amCommissioner Frank B Holding seconded the motion which carried by unanimous votemlL,?235April 4 1988 Continued5 Enerco Systems, Inc - Incineration of TrashDwight J Hall of Enerco Systems, Inc, made a presentation to the Board dealingwith the incineration of trash and the cogeneration of steam and electricity as a by- productEnerco Systems, Inc, is a Nashville, Tennessee, based company, in business for eightyears, specializing in construction of waste to energy systems This company has completedtwo projects in Tennessee Mr Hall gave an overview of an cogeneration facility they arenegotiating with Celotex in Goldsboro, NC Wayne County has agreed to send all its solidwaste to the incinerator, and Enerco is seeking commitments from Johnston and DuplinThe cost of the Wayne County facility will be approximately 12,000,000, withconstruction to begin in June, to be completed within 15 months thereafter Mr Hallcontinued the economics of the project is based on a charge of 6 a ton and spoke of a 15year contract with the countiesThe Board asked many questions about the operation of this system; costs andincreases; impact on present landfill; how solid waste monitored; type of burns; types ofwastes and etcMrHall explained the County would always needa landfill, however, the incineratorwill reducethe dependence on County landfillsand extend their life With EPA regulations,the facilitywill not be licensed to acceptdead animals or toxic and hazardous wastes; norcould they accept many automobile tires aslarge volumesof rubber change pollution, createblack smokeand EPA looks for color Hecontinued thetemperature burns at 1500 degreesand comesout pure ash Wayne Countyhas agreed todispose of all ash There are nosupplementalburns; burns purely on wasteThe County Manager emphasized the incinerator system would greatly extend the lifeof the existing landfill, save money by extending life of the landfill and reduce usage ofequipment Mr Hall pointed out that new EPA regulations on building landfills withsubterranean plastic liners and treatment plants will be very costly to countiesCommissioner Howard Benton asked if it would be feasible for the municipalities tonegotiate a contract with Enerco He continued the County needs to look at the industrialwaste and the cost factors The County Manager responded this needs to be investigatedThe Board agreed this is an interesting system that the County needs to look intoand thoroughly understandThe Board further agreed the County should pursue this project and instructed theCounty Manager and County Planner to do a detailed study of the incineration of waste andthe proposal by Enerco Systems, Inc, of Nashville, Tennessee6 Mass Gathering Ordinance - ReviewedAs directed bythe Board of Commissionerson April 6, 1987, theMass GatheringOrdinance is to be reviewedto determine whether itshould be more or lessstringent TheCounty Manager advisedto date, the County has notbeen in a position tohave to use theOrdinance as the Countyhas not experienced any massgatherings that fallwithin the limitsof the OrdinanceKen West, Owner of Scotts Lake, and Jim Levinson, Attorney representing Mr West,met with the Board Mr Levinson stressed there is no need for this ordinance, and if theCounty is going to have a Mass Gathering Ordinance, the limit of exemption should be raisedfrom 4,000 to 6,000 people Mr Levinson contended the intent of the Mass GatheringOrdinance was solely to prohibit concerts at Scotts Lake, and it has done that MrLevinson continued if the number is raised it would not affect other large events out in theCounty, such as a large Boy Scout event to take place soon outside Clayton Mr Westcontended he should be able to run a business and entertain as many people as he wouldlike at Scotts Lake Mr West thanked the Board for their consideration last year relating tothe fact the Ordinance did not close his businessThe Board agreed to defer action on the Mass Gathering Ordinance until the ,,May 2ndmeeting at 1130 am No residents living around Scotts Lake were present at this meetingand the Board felt they should have the opportunity to appear if they wish7 Courthouse OrdinanceThe County Manager explained the problems of dealing with vagrants sleeping andeating in the Courthouse He stated they bring trash and garbage into the Courthouseleaving food on the floors causing insect problems, using the floors as bathrooms, andseveral weeks ago started a small fire in one of the bathrooms He advised he had discussedan ordinance with Billy Britt, County Attorney, that would give the Sheriff proper authority236April 4, 1988 Continuedto remove these individuals from the Courthouse North Carolina General Statute 153A -45grants the authority for such an ordinance; and the following wording is recommended bythe County AttorneyIt shall be unlawful for anyone not on official business to be inthe Johnston County Courthouse after 5 oclock pm on a workingday and before 8 oclock am on the following day and at alltimes during non - working days, including holidays Any personviolating this ordinance shall be guilty of a misdemeanor and shallbe punished by a fine of not more than fifty dollars orimprisonment of not more than thirty days, or both, in thediscretion of the courtThe Board agreed the County needs a different situation in the Courthouse as itfurnishes an unsupervised building for vagrants, stating the Sheriff needs to monitor peoplein the Courthouse after official working hoursThe Board favored the adoption of an ordinance and by motion of Commissioner FrankB Holding, duly seconded by Commissioner John M Booker and carried by unanimous vote,instructed the County Manager to schedule a public hearing on the proposed Ordinance onthe Use of the Courthouse for Monday, May 2, 1988, at 1100 am8 Appointment - Council on Status of WomenUpon a motion by Commissioner Howard Benton, seconded by Commissioner James WCash and carried by unanimous vote, Jane Hall Schirmer was appointed to the JohnstonCounty Council on Status of Women for a 2 year term beginning April; 19889 Appointments - Bentonville Community Building Board of TrusteesCommissioner Frank B Holding moved that the following be reappointed to theBentonville Community Building Board of Trustees for 2 year terms beginning April, 1988 TanWilson Lee, Mr James Q Beasley, Ms Rebecca W Schwartz, Mr Buck Dunn and MrsNorwood SmithCommissioner John M Booker seconded the motion which carried by unanimous vote10 Vehicles Declared Surplus PropertyCommissioner John M Booker moved the following vehicles be declared surplusproperty and sold at Public Auction on Saturday, April 23, 1988, at 11 oclock am19854 drChevImpala- 1G1BL69H2FY133387 -Mileage86,32519854 drChevImpala- IGIBL69HIFY147099 -Mileage71,902 Transmission Problem19854 drChevImpala- 1GIBL69HXFY124890 -Mileage89,99519854 drChevImpala- 1GIBL6964FY158340 -Mileage80,25819854 drChevImpala- 1G1BL69H6FY109075 -Mileage110,64019854 drChevImpala- IGIAL696XEX151733 -Mileage122,15219854 drChevImpala- IGIAL6963EX151640 -Mileage92,8831975DodgeVan -BllAE5X036528- Mileage 142,6421978Datsun2 drB -210 -HLB210272246 - Mileage 87,5141979Plymouth Champ - 1M24J91900146 - Mileage112,398Commissioner Booker further moved that proper notice be given to the general publicby advertisement of surplus property, time, date and place of saleCommissioner James W Cash seconded the motion which carried by unanimous votell Pine Level Fire District - Special Tax ElectionCommissioner Howard Benton moved the Board of Elections of Johnston County hold aspecial election on August 16, 1988, instead of July 12, 1988, reference Minutes of March 7,1988, Book #18, page 228 -229 in the Pine Level Fire District for the purpose of submitting tothe qualified voters in said area the vote as to whether or not there shall be levied andcollected in said area a special tax not to exceed 150 on the 100 valuation of all taxableproperty, real or personal, in said area for the purpose of providing fire protection in saidfire districtCommissioner John M Booker seconded the motion which carried by unanimous vote12 Public Hearing Date Set - Annexation of Elevation Fire District and O?Neals FireDistrict to Five Mile DistrictsCommissioner Howard Benton moved a Public Hearing be set for Monday, May 2, 1988,at 1015 am on the proposed annexation of the Elevation Fire District and the ONeals FireDistrict boundaries to five mile districts Elevation ONeals have a special fire taxCommissioner Frank B Holding seconded the motion which carried by unanimous votek23713 Public Hearing Date Set - Whitley Heights Sanitary DistrictCommissioner James WCash moveda joint Public Hearing with the JohnstonCountyBoard of Commissioners and the North Carolina Department of Human Resources beset forMonday, May 9, 1988, at 730pm, at theOne Stop Market, located at the intersection ofHighway 70 and SR 1501 withinthe proposeddistrict, to give the residents of WhitleyHeightsthe opportunity to address theBoard on thecreation of the Whitley Heights SanitaryDistrictCommissioner John M Booker seconded the motion which carried by unanimous vote,14 Petition for County Ordinance to Prohibit the Svotli ghtine of DeerThe Board received a petition seeking the adoption of a County ordinance to Prohibitthe Spotlighting of Deer at night for huntingThe Board postponed any action on the petition in order to give the public anopportunity to contact the Board regarding the proposed petition15 Budget AmendmentsHealth Department Upon a motion by Commissioner James W Cash, seconded byCommissioner Frank B Holding and carried by unanimous vote, the following budgetamendments were approvedWIC - Expenditure Increase 10- 5955 -1410 Employee TrainingExpenditure Increase 10- 5955 -3200 Administrative Dept suppliesExpenditure Increase 10- 5955 -3300 Nutrition Ed Dept SuppliesRevenue Increase 10 -3519 -828 WIC FundsMaternal HealthExpenditure Increase 10- 5925 -3400 Delivery FundsRevenue Increase 10- 3519 -823 DHS RevenuesChild HealthExpenditureIncrease10- 5945 -4000School Health FundsRevenue Increase 10- 3519 -826 DHSProgram FundsNutrition Title XXExpenditureDecrease10- 5950 -0200SalariesExpenditureDecrease10- 5950 -1400TravelExpenditureDecrease10- 5950 -3300Departmental SuppliesExpenditureDecrease10- 5950 -5300Dues and SubscriptionsRevenue Decrease10- 3519 -8272500030800300002,250002,250008,000008,00000329001650018500900076900Mental Health Department Upon a motion by Commissioner Howard Benton, secondedby Commissioner John M Booker and carried by unanimous vote the following budgetamendments were approvedExpenditure Increase - Personal Services 4,000Expenditure Increase - Supplies Materials 12,461Expenditure Increases- Current Obligations Services 2,655Expenditure Increase Fixed Charges Other Expenses 1,834Expenditure Increase - Capital Outlay 166Expenditure Increase - Contracts, Grants, Subsidies 6,270Revenue Increase - Block Grant Youth Substance Abuse Funds 27,386M Proclamation - Public Health WeekUpon a motion by Commissioner James W Cash, duly seconded by Commissioner JohnM Booker and carried by unanimous vote, the following proclamation was adoptedPROCLAMATIONFROM THE JOHNSTON COUNTY COMMISSIONERSWHEREAS, Governor James G Martin has proclaimed the weekof April 10 -16, 1988 as Public Health Week in North Carolina andWHEREAS, the Public Health Department in Johnston Countyserves thousands of our citizens each year; andWHEREAS, public health assures a cleaner, safer, morewholesome environment in which to live; andWHEREAS, healthful living is the major prevention of thefinancial burdens of disease and chronic illness; and238April 4, 1988 ContinuedWHEREAS, concerned, informed and active citizens willensure a healthy future for Johnston County;THEREFORE, the Johnston County Commissioners do herebyproclaim APRIL 10 -16, 1988, as PUBLIC HEALTH WEEK in JOHNSTONCOUNTY17 CBA Allocations - FY 1988 -89As recommended by the Johnston County Youth Task Force, Commissioner HowardBenton moved the following CBA budget allocations for FY 1988 -89 be approvedPreventive Alternatives for Youth 73,700High Risk Primary Prevention 12,998Secrets 9,000Specialized Foster Care 4,500Friends of Distinction 4,300TOTAL 104,498Commissioner James W Cash seconded the motion which carried by unanimous vote18 Subdivisions ApprovedUpon the recommendation of the Planning Board the following subdivisions wereconsidered for approvalA Westwinds, Southwind Dev Co, owner; SR 1519; SR 1520; Pleasant GroveTownship, 20 lots; Restrictions Letter of credit on road; motion by Commissioner HowardBenton, seconded by Commissioner James W Cash and carried; plat executed by ChairmanB Westgate - Section III, Southwind Dev Co, owner; SR 1309, Pleasant Grove Township, 15lots; Restrictions Letter of credit on road; motion by Commissioner John M Booker, dulyseconded by Commissioner James W Cash and carried; plat executed by Chairman CRolling Meadows Estates, John Adams, Owner; SR 1571 and SR 1562; Clayton Township, 11 lots;Restrictions Lots #3 and #11 need pumps; motion by Commissioner James W Cash, dulyseconded by Commissioner Howard Benton and carried; plat executed by Chairman19 Tax Releases and RefundsA Data GeneralData General Corporation is requesting relief from paying late payment penalty of416651 due to payment of 119,04302 being made in March for 1987 taxes due on personalpropertyData General made a payment postmarked 12 -30 -87 in the amount of 41,83802 RealEstate When collections area realized that the check for personal property was notincluded, the local Data General Office was notified of the factThe following are statements of Data Generals claims and tax office response1 Data General states that a check in the amount of 119,04302 was written on 12 -29 -87 andmailed on 12- 30 -87Response Tax officedid not receive thischeck andnotified Data General Officials ofthis factbecause a check inthe amountof 41,83802 was received andcollectorsarea questioned whyboth checkswere not received2 Data General,-,is using a U S Postal Service Certificate of Mailing dated 12 -30 -87 asproof the check for 119,04302 was mailedResponse Tax office does not take exception to the fact that Data General mailed apiece of first class mail to - County of Johnston at Drawer 451 asevidenced by the fact that check in amount of 41,83802 was receivedThe fact as Tax Office views it is that the check for 119,04302 was notpart of this mailing3 It took almost 30 days to get the Second check issued after notificationThe Boards opinion was that Data General is a tremendous asset to Johnston Countycitizens and the County tax base, and agreed they believe there was some error or oversightin not getting the payment in on timeCommissioner Frank B Holding moved the late payment penalty of 4,16651 assessedto Data General Corporation be releasedif239April 4, 1988 ContinuedCommissioner James W Cash seconded the motion which was carried by unanimousvoteB Luby Snipes JrMr Luby Snipes, Jr of ONeals Township came into the tax office on March 23,1988, and paid 67763 taxes, 2399 late payment penalties, and 800 advertising costsMr Snipes is protesting payment of the late payment penalty and advertising costsand is requesting a refund of 3199 His request is based on the fact that the person whowas looking after his business did not advise him that payment was dueSince payment was not made until March 23rd, it is recommended by the TaxAdministrator that request be deniedAfter discussion, Commissioner Frank B Holding moved that Luby Snipes, Jr ofONeals Township be refunded 2399 late payment penalty and 800 advertising costs, atotal of 3199Commissioner Howard Benton seconded the motion which carried by unanimous voteFarm Use Law Changed - The Tax administrator advised the Board that a new lawSenate Bill 222 passed last year will prohibit land owners from applying for the farm -usevalue unless they have at least a single 10 acre tract of cleared land being farmed and thiswill prohibit many from qualifying for the farm -use valueBy motion of Commissioner John M Booker, duly seconded by Commissioner James WCash and carried, the Board instructed the County Manager to write a letter to JohnstonCounty Legislative representatives and the North Carolina County Commissioners Associationprotesting Senate Bill 22220 Board Update1 March monthly statement of Public School Building Capital Funds2 Keep Johnston County Beautiful, Inc is requesting an appointment to theirorganization Commissioner Frank B Holding was appointed to represent the Johnston CountyBoard of Commissioners on the Board of Directors of Keep Johnston County Beautiful, Inc3 Thompson McKinnon Securities, Inc has made a proposal at the request of theFred James Company The Countys Workmens Compensation Carrier to quote on the monthlysalary benefit of Ricky Hogg There are two options offered4 Eastern Central Community Legal Services has served us notice of suit5 Letter from Tim Broome outlining Ragsdales position with Landmark6 Memo from Health Department on MedicaidUpon a motion by Commissioner Frank B Holding, duly seconded by CommissionerJohn M Booker and carried, the Board of Commissioners recessed,, to, sit -as a Board ofEqualization and ReviewBoard of Equalization and ReviewApril 4, 1988 - 300 pmCommissioners Room, Johnston County CourthouseSmithfield, North Carolina1 Jack E Bryson - Oneals Township - 122,320 Value for House LotReasonIncrease of 75 over 1986 value is too muchMr Bryson stated he had about 27 acres, all woodland except 2 acres, approximatelyhalf is wetland; Kenly Savings Loan appraised at 78,000 on 42686, for refinancingpurposes Value increased from around 50,000 to 123,000; feels this is way out of lineConstruction started 1981 Mr Bryson feels 85,000 is a fair value7 Grademark LumberWe have checked with TE Johnson, CarolinaBuilders andRossLampe and determined thatthe enforcement of grademark lumber forloadbearing wallswillnot adversely affect any ofthe concerns Mr Johnson stated that 90ofall his lumbergoesback to the owners andrepresents custom cutting and thereforeexempt from therequirement He stated that theother 10 would not adversely affect himMrLampe statedthathe strongly supports the use of grademark lumberUpon a motion by Commissioner Frank B Holding, duly seconded by CommissionerJohn M Booker and carried, the Board of Commissioners recessed,, to, sit -as a Board ofEqualization and ReviewBoard of Equalization and ReviewApril 4, 1988 - 300 pmCommissioners Room, Johnston County CourthouseSmithfield, North Carolina1 Jack E Bryson - Oneals Township - 122,320 Value for House LotReasonIncrease of 75 over 1986 value is too muchMr Bryson stated he had about 27 acres, all woodland except 2 acres, approximatelyhalf is wetland; Kenly Savings Loan appraised at 78,000 on 42686, for refinancingpurposes Value increased from around 50,000 to 123,000; feels this is way out of lineConstruction started 1981 Mr Bryson feels 85,000 is a fair value240April 4, 1988 ContinuedThe Board instructed Tax Administrator to negotiate with Mr Bryson for a value of84,000 to 85,0002 Ina Lee Batten - 207 E Caroline Ave, Smithfield - 50,740 value of House LotReason Too high based on her incomeMrs Batten stated she is disabled to work and her only income is Social SecurityThe Board instructed the County Tax Appraiser to revisit Mrs Battens property and reportback to the Board3 Mrs Hubert Jomp - Beulah Township - 23,790 Value of House LotReason Value gone up too highMrs Jomp stated there was a drastic increase in her tax value; 1986 value 9,020;she has made no changes; no central heat, an old frame house, floor in bad shape TheBoard instructed the County Tax Appraiser to revisit Mrs Jomps property and report backto the Board4 William H Barefoot - Ingrams Township - 45,120 Value of House LotReason Says too high, wants value loweredMr Barefoot stated this value is just too high , has approximately 922- or 10 acrescleared; frame house; old out - buildings The Board instructed the County Tax Appraiser torevisit Mr Barefoots property, look at old buildings and report back to the Board5 Mrs Pearl Matthews Godwin St, Selma - 16,230 Value of House LotReason Elderly lady -says too highMrs Matthews stated her lot is very small, 47 x 53; a four room cement blockhouse and her taxes are up about 400 The Board instructed the County Tax Appraiser torevisit Mrs Matthews property and report back to the Board6 W G Williams - Smithfield - 21,760 Value of House LotReason Too High - Made out of cinderblockMr Williams stated these values are just too high ; rental property The Boardinstructed the County Tax Appraiser to revisit Mr Williams property and report back to theBoardNorman C Denning, ChairmanEleanor N Creech,Clerk to the BoardUpon amotion by Commissioner FrankB Holding,duly seconded by CommissionerJohn M Bookerand carried, it was moved theBoard of E R recess until Tuesday, May10, 1988, at 730pm, and that regular sessionbe resumedUpon amotion by Commissioner JohnM Booker,duly seconded by CommissionerFrank B Holdingand carried by unanimous vote,the BoardadjournedNorman C Denning, ChairmanEleanor N Creech,Clerk to the BoardDetailsAnnotationsEntry PropertiesModified11192013 114519 AMCreated492003 101135 AMTemplateMinutesFieldsMinutes - TypeRegularMinutes - Date441988Book18