September 6, 1988 - 10:00 AM - County Board of Commissioners Meeting Minutes

September 6, 1988The Johnston County Board cf Commissioners met in regular session on Tuesday,September 6, 1988, at 1000 am in the Commissioners Room, Johnston County Courthouse,Smithfield, North Carolina with the following members presentNorman C Denning, Chairman, Frank B Holding, Vice Chairman, James W Cash,Howard Benton, and John M Booker, DVMMembers Absent NoneAlso Present Richard B Self, County Manager, Eleanor N Creech, 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 August 1,1988, board meeting There being no corrections, the Chairman declared the minutes standapproved as recorded2 Public Hearin g Emergency Management Ordinance and Emergency Powers OrdinanceAdvertised August 12, 1988, and August 19, 1988Date and Time of Public Hearing September 6, 1988, 10 oclock amAt 1000 am the Chairman announced that the Board would proceed to hold a publichearing and would hear anyone who wished to be heard on the proposed Johnston CountyEmergency Management Ordinance and Emergency Powers OrdinanceThe Chairman inquired again to determine if anyone else wished to speak at thepublic hearing After the Board had heard all persons who wished to - be heard, the PublicHearing was declared closedDewayne West, EMS Director,addressed the Board stating theseordinancesareinstruments of which the Board of Commissioners would operate and exerciseauthorityanddischarge responsibilities during disaster emergencies Mr West statedthe OfficeofEmergency Management is working withthe towns to coordinate services if the towns donothave State of Emergency ordinances ineffectThe County Attorney advisedthat he had reviewed the ordinancesand foundthedocuments to be in orderThe Chairman inquired again to determine if anyone else wished to speak at thepublic hearing After the Board had heard all persons who wished to - be heard, the PublicHearing was declared closed310September 6 1988 ContinuedSTATE OF EMERGENCY ORDINANCE REPEALEDCommissioner Howard Benton moved the ordinance entitled An Ordinance Authorizingthe Proclamation of a State of Emergency and the Imposition of Prohibitions and RestrictionsDuring a State of Emergency adopted November 5, 1979 Minute Book 1974, page 629 berepealedCommissioner Frank B Holding seconded the motion which carried by unanimous voteJOHNSTON COUNTY EMERGENCY MANAGEMENT ORDINANCE AND STATE OF EMERGENCYORDINANCE - ADOPTEDCommissioner James W Cash moved that Johnston County Emergency ManagementOrdinance and County State of Emergency Ordinance; An Ordinance Authorizing theProclamation of , a State of Emergency and the Imposition of Prohibitions and RestrictionsDuring a State of Emergency be adopted, effective this the 6th day of September, 1988Reference Johnston- County Ordinance Book # 1; pages 618 -629Commissioner John M Booker seconded the motion which carried by unanimous vote3 Loch Pharmaceutical - Engineering Contract for Water and Sewer LinesThe County Manager requested approval of a contract with Ragsdale Consultants, PA for water and sewer lines to Loch Pharmaceutical in the amount of 12,300, plus perdiem, at standard rate for construction phase This includes approximately 2,400 lf of 8water mains with fire hydrants, valves and miscellaneous items; approximately 650 lf of 8gravity sanitary sewers with manholes and miscellaneous items; two railroad borings ofapproximately 100 lf each and modification of one existing sewage lift station; bidpreparation, analysis and recommendationsThe Board discussed the size of water lines with concern about rural subdivisionsand future development in this area The Board asked Tim Broome of Ragsdale to figure costfor 811, 10 and 12 water lines Mr Broome advised that the countywide water study nowbeing done by Ragsdale Consultants would recommend the size of lines needed toaccommodate future growth4 Wastewater Facility Expansion Requested - State Wastewater Loan FundHaywood Phthisic, Public Utilities Director, met with the Board requesting permissionto apply for State Wastewater Loan money for the purpose of 18 million dollar expansion tothe existing wastewater treatment plant Tim Broome, Engineer, Ragsdale Consultants, andMr Phthisic explained that the existing wastewater treatment plant needs to be expandedfrom the current 4 million gallons per day to a 6 million gallon per day capacityThe County Manager stated the purpose is threefold 1 to meet phosphorous limitson a timely basis; 2 to allow for proper treatment of storm water runoff; and 3 to allowfor continued industrial and residential growth which the County is experiencing The fundscan be repaid through the existing user charge system without increase at a rate of 135,000per year for 20 yearsMr Phthisic says the expansion would include an additional secondary clarifier whichwill allow the plant treatment capacity to be increased to 6 million gallons per day and anequalization basin with a volume of 10 million to store peak flows of water created by heavyrain fallIn discussion of this request, the Boards observation was that the towns need to beapproached about making efforts to clean up their systems so the Countys wastewatertreatment plant will not have to treat surface water Mr Broome and Mr Phthisic said tocorrect the systems would be very costly for the towns; would require tearing up streetsand acquiring land to replace lines Continuing, Mr Broome said in the late 70s, the townsdid do something to correct leakage, but the leaks are re- occuring, pipes are aging,deteriorated sewer lines and heavily overloaded storm drainsIn conclusion, the Board instructed the County Manager to meet with town administrative representatives and users to bring this matter to their immediate attention, andemphasized that repairs need to be dealt with by the towns and the County5 Clean Water Revolving Loan - Johnston County Wastewater Treatment Plant ExpansionResolutionUpon a motion by Commissioner Frank B Holding, duly seconded by CommissionerHoward Benton and carried by unanimous vote, the following resolution was adoptedSeptember 6, 1988 ContinuedRESOLUTION BY THE JOHNSTON COUNTY - BOARD OF COMMISSIONERS ,°WHEREAS, the North Carolina Clean Water Revolving Loan and Grant Act of 1987 hasauthorized the making of loans and grants to aid eligible units of government in financingthe cost of construction of wastewater treatment works, wastewater collection systems, andwater supply systems, andWHEREAS, Johnston County has need for and intends to construct improvements tothe Johnston County Wastewater Treatment Plant including raw wastewater flow equalizationand final clarification additions, andWHEREAS, Johnston County intends to request State loan assistance for the projectNOW THEREFORE BE IT RESOLVED, BY THE BOARD OF COMMISSIONERS OF JOHNSTONCOUNTYThat Johnston County will arrange financing for all remaining costs of the project, ifapproved for a State loan awardThat Johnston County will adopt and place into effect on or before completion of theproject a schedule of fees and charges which will provide adequate funds for properoperation, maintenance, and administration of the systemThat Johnston County will provide for efficient operation and maintenance of theproject on completion of construction thereofThat Mr Richard Self, County Manager, and successors so titled, is herebyauthorized to execute and file an application on behalf of Johnston County with the State ofNorth Carolina for a loan to aid in the construction of the project described aboveThat Mr RichardSelf, County Manager,and successors sotitled, is herebyauthorized and directed tofurnish such informationas the appropriateState agency mayrequest in connection withsuch application on theproject to makethe assurances ascontained above; and to execute such other documentsas may be requiredin connection withthe applicationThat Johnston County has substantially complied or will substantially comply with allFederal, State, and local laws, rules, regulations, and ordinances applicable to the projectand to Federal and State grant and loans pertaining theretoAdopted this the 6th day of September, 1988, at Smithfield, North Carolina6 Water Line Upgrade - Jimmy Ray WhitleyJimmy Ray Whitley has requested County participation on upgrading a water line onHighway 70 east of Smithfield past Beckys Log Cabin Mr Broome told the Board that MrWhitley is planning some type of housing unit development on a tract of land on SR #2508Mr Broome presented the following cost estimatesESTIMATED COSTS SUMMARYWATER FACILITIES TO SERVE THE RAY WHITLEY PROPERTY ONSR 2508 EAST OF SMITHFIELD44 Main on US 70 from Shallcross Plant -toll SR 2508 approx 1,050 lf 7,0004 Main on SR 2508 Approx 2,050 lf 13,000TOTAL 20,00016 Main on US 70 from Shallcross Plantto 2508 25,0008 Main on SR 2508 26,000TOTAL 51,000Difference in Cost 16 8 over a 411 31,000Difference in Costs 16 8 over a 6 M11,20021,20032,400NOTE 1611, 8 6 main alternatives include fire hydrants The 41 mains do not51,00018,600311312September 6, 1988 ContinuedMr Broome recommended a 16 line on H- lghway 70 and an 8 line down SR 2508,explaining that an 8 water main will handle fire protectionNo action was taken pending further consideration7 Soil Water Conservation Program - ReportBill Harrell, Soil Water Conservation Supervisor, made the following reportSoil and Water Conservation Program Overview1 North Carolina Agriculture Cost -Share Program- Johnston County was included in on -going program in Fiscal Year 1988- First funding received September 16, 1987- Initial allocation was 278,67000Second allocation was 22,40000Total 301, 07000- Received 175 applications and provided assistance to 15413 applications for animal waste application and or lagoons and holding ponds101 applications for cropland conversion to trees or perennial grass22 applications for terraces, waterways, and field borders- Allocation for this year is 156,450002 Conservation Reserve Program Administered by ASCS with Technical AssistanceProvided by the Soil Conservation Service and NC Forest Service- Program was initiated with the passage of the 1985 Food Security Act Farm Bill- Program objective is to retire highly erodible cropland from production- Land is retired for a ten year period with an annual rental payment made by thegovernment In addition, approximately 50 percent of the establishment cost iscovered by the government the first year The land has to be converted to eithera perennial grass or trees- Through six sign -ups, 233 applications have been approved covering 4417 acres- Some 78 per cent of the land has been converted to trees and 22 per cent tograss- The seventh sign -up has just been completed with sign -ups to continue through19903 1985 Food Security Act Farm Bill- Three Provisions affecting Johnston County Farmers1 Sodbuster2 Swampbuster3 Conservation Compliance- Sodbuster and swampbuster provisions have had little impact at this point- Conservation compliance will affect most Johnston County farmers- The Soil Conservation Service is required to look at every cropland field in thecounty and determine if the field is highly erodible Those having highly erodibleland must have a conservation plan by January 1, 1990 and they must implementthe plan by January 1, 1995- At this point, we have made 2800 determinations covering some 6300 tracts- Conservation plans have been developed on some 14,000 acres which are now incompliance- We estimate there are some 400 determinations to be made and conservation plansare needed on 28,000 acres- CONSERVATION COMPLIANCE - A MAJOR CONCERN FOR FARMERS IN 19898 Department of Transportation - Maintenance Engineer - ReportA 1988 -89 Construction ProgramRoss Hailey, Maintenance Engineer, reported to the Board that the 1988 -89 SecondaryRoad Construction Program is doing well, however, wet weather is a hold up right now; butthey are moving along near scheduleB Traffic LightsCommissioner Holding brought to Mr Haileys attention he had received several callsregarding short lights for north and south traffic in Smithfield Mr Hailey said he hadseveral inquiries about this same thing and he would ask Don Spence, Division TrafficEngineer, to check on this matterC Graytown Community - DrainageMr Hailey told the Board that he had met with Graytown Community leaders with asurvey and drainage plan He said to correct these problems will take community involvement313September 6, 1988 Continuedand DOT will need easements from property owners They can correct the problems if theycan secure the necessary right of waysThe Board instructed the County Manager to work with Mr Hailey, DOT Engineer,and the Graytown Community to help residents understand what the State needs to make thedrainage plan work9 Road Petition - SR 2315Commissioner John M Booker moved that the petition requesting the paving of SR2315 be forwarded to the NC Department of Transportation for considerationCommissioner James W Cash seconded the motion which carried by unanimous vote10 Air Balloon Classic - Report11 American Business Womens Dav ProclamationUpon a motion by Commissioner James W Cash, duly seconded by Commissioner JohnM Booker and carried by unanimous vote, the following proclamation was adoptedPROCLAMATIONAMERICAN BUSINESS WOMENS DAYIn salute to the more than 110,000 ABWA Members for their supportiveefforts in helping women advance through education and for developing aninformed and responsible citizenry, the Board of Commissioners of JohnstonCounty, Smithfield, North Carolina, hereby PROCLAIM September 22, 1988, asAMERICAN BUSINESS WOMENS DAY in Johnston CountyAdopted this 6th day of September, 198812 Appointment - ABC BoardUpon a motion by Commissioner Frank B Holding, seconded by Commissioner John MBooker and carried by unanimous vote, Lloyd Gilbert was reappointed for a three year termto the Johnston County Alcohol Beverage Control Board; term to begin September, 1988, andend September, 199113 Appointment - Citizens Involvement CouncilCommissioner James W Cash moved that Polly Cantrell be reappointed to the CitizensInvolvement Council for a two year term beginning September, 1988, and ending September,1990Commissioner Howard Benton seconded the motion which carried by unanimous vote14 Appointments - Whitley Heights Sanitary District BoardUpon a motionDewayne West, Emergency Management Services Director, gave avery favorablereporton the Air Balloon Classic held on the RayEarp farm near Claytonon August 19th,20th,and 21st There was an estimated attendanceof approximately 8,000,a well behavedcrowdand the sponsors are interested in comingback next year MrWest expressedappreciationto the Highway Patrol, DOT, Red Crossand all agencies giving assistancein thiseventHugh Stevens11 American Business Womens Dav ProclamationUpon a motion by Commissioner James W Cash, duly seconded by Commissioner JohnM Booker and carried by unanimous vote, the following proclamation was adoptedPROCLAMATIONAMERICAN BUSINESS WOMENS DAYIn salute to the more than 110,000 ABWA Members for their supportiveefforts in helping women advance through education and for developing aninformed and responsible citizenry, the Board of Commissioners of JohnstonCounty, Smithfield, North Carolina, hereby PROCLAIM September 22, 1988, asAMERICAN BUSINESS WOMENS DAY in Johnston CountyAdopted this 6th day of September, 198812 Appointment - ABC BoardUpon a motion by Commissioner Frank B Holding, seconded by Commissioner John MBooker and carried by unanimous vote, Lloyd Gilbert was reappointed for a three year termto the Johnston County Alcohol Beverage Control Board; term to begin September, 1988, andend September, 199113 Appointment - Citizens Involvement CouncilCommissioner James W Cash moved that Polly Cantrell be reappointed to the CitizensInvolvement Council for a two year term beginning September, 1988, and ending September,1990Commissioner Howard Benton seconded the motion which carried by unanimous vote14 Appointments - Whitley Heights Sanitary District BoardUpon a motionby CommissionerFrank B Holding,seconded byCommissioner John MBooker and carried byunanimous vote,the following were appointedto the Whitley HeightsSanitary District Boardto serve untilthe next regularelection formunicipal and specialdistrict officers as provided in GS 163 -279, which occursmore thanninety days after theappointment Charles ECoats, John GRaynor, and AlvinHugh Stevens15 Courthouse and Jail Annex Landscape Planting Bids - Contract AwardedThe County Manager reported that in accordance with G S 143, bids were received,opened and an analysis made on the Courthouse and Jail Annex Landscape Planting asfollowsLandscape Planting Bids1 Phil Bowden, Route 1, Box 158, BensonPrice not to exceed 23,86768314rSeptember 6, 1988 Continued2 Allen Company Landscape Contractors, IncP 0 Box 10581, Goldsboro, NC 31,13400Alternate #1 + 3,947003 Lakeside Landscapes, Route #4, Box 417 -H rFour Oaks, NC 27524 34,41238 ##Alternate #1 + 53212After discussion and review, Commissioner Howard Benton moved that Phil Bowden,Route 1, Box 158, Benson, low bidder, be awarded the Landscape Planting contract for theCourthouse and Jail Annex, total bid price not to exceed 23,86768 Board recommendedsupervision of landscape planting contractCommissioner James W Cash seconded the motion which carried by unanimous voteM Telephone System Bids - Contract AwardedThe County Manager again briefed the Board on the telephone bids and additionalequipment needed, and cost per company Bids were submitted, received and opened inaccordance with GS 143A Carolina Telephone Telegraph 303,35700B IBM 402,16300C BCI - Northern Telecom Switch 268,75317The Board discussed the telephone bids as submitted at lengthCommissioner Howard Benton moved that the contract for the County telephone systembe awarded to BCI, low bidder, as followsOriginal Bid 264,55284Additions to BidConvert all 2500 single line sets tomultiline 2009 sets 1,80759Automatic Trunk Maintenance 1,50030Tie Line Card for Mental Health 89244TOTAL 268,75317To be provided at no charge to Johnston County1 Telco Research Solid State Recorder for Mtel at Mental Health and additionalsoftware at courthouse site2 Telco Research on -site Inventory System3 Northern Telecom SL -1 Familiarization courseCommissioner James W Cash seconded the motion which carried by unanimous vote17 Budget Amendments Approved -a Sheriffs DepartmentUpon a motion by Commissioner Frank B Holding, duly seconded byCommissioner John M Booker and carried by unanimous vote, the following budget amendmentwas approvedExpenditure Increase General FundAuto Repairs 10510017 1,43800Revenue Increase General FundMiscellaneous Revenue 10383581 1,43800b Wastewater Treatment{Upon a motion by Commissioner John M Booker, duly seconded by CommissionerJames W Cash and carried by unanimous vote, the following budget amendment wasapprovedExpenditure Increase617200 7400 Capital Outlay 24,96000Revenue Increase613713 8270 Job Training Reimbursement 24,96000315September 6, 1988 Continuedc Johnston County Bicentennial CommitteeUpon a motion by Commissioner John M Booker, duly seconded by CommissionerHoward Benton and carried by unanimous vote, the following budget amendment wasapprovedExpenditure Increase General Fund106650 -9095 Jo Co Bicentennial 7,50000Revenue Increase General Fund1033298200 Jo Co Bicentennial 7,5000018 Recreation Grants - ApprovedUpon a motion by Commissioner Frank B Holding, duly seconded by CommissionerJames W Cash _and carried by unanimous vote, the following recreation grant applicationswere approvedClayton Civitan Club 2,000, The Kenly Kiwanis Club 1,500, North Johnston HighSchool PTA 1,980, North Johnston High School Panther Club 1,980, Princeton Little Tar HeelLeague 2,000, Wade H Atkinson Memorial Library Community Building 2,000, PrincetonBabe Ruth Association 2,00019 Fire Works Display - Benson Mule DaysPursuant to NC General Statutes 14-410-415, Commissioner Howard Benton moved thatthe Benson Area Chamber of Commerce be granted permission to hold a fireworks display onSeptember 24, 1988 at 1000 pm at the Chicopee ball field on SR 1204 for the celebration ofBensons Annual Mule DaysCommissioner John M Booker seconded the motion which carried by unanimous vote20 Extension of Employment— - John Clifton Johnson - DSS EmployeeIn accordance with Johnston County Employee Handbook, Article VII, Section 13 -Compulsory Retirement, Commissioner John M Booker moved that John Clifton Johnson,Department of Social Services employee, who has reached the age of 70, be grantedpermission for an extension of employ for one yearCommissioner Frank B Holding seconded the motion which carried by unanimous vote21 Mental Health - New Part -Time PositionThe County Manager explained that Mental Health has requested a new permanentpart - time,, Clerk Typist III position in the Substance Abuse Services Program The position isneeded die to change in the DWI laws which has increased workloads and paper work in theprogram He advised the Board that no additional county funds are being requestedommissioner James W Cash moved that a new permanent part -time Clerk Typist IIIposition e approved for Mental Health in the Substance Abuse Services ProgramCommissioner Howard Benton seconded the motion which carried by unanimous vote22 School Property Declined - Marvin Raynor Subdivision - Banner TownshipCommissioner Frank B Holding moved the Board respectfully decline the JohnstonCounty Bard of Educations offer for the County to purchase property owned by the Boardof Education; lots 13, 14, and 15 of the Marvin Raynor Subdivision, Banner Township23mmissioner James W Cash seconded the motion which carried by unanimous voteBondsThe Chairman emphasized there is public interest and concern expressed to the Boardof Commissioners that tbe Board of Education needs to go forward with the Four Oaks schoolprojectCommissioner Frank B Holding moved the County Manager be instructed to proceedto sell the authorized School Bonds as soon as possible so the money will be available whenneeded Commissioner Holding expressed concern about rising interest ratesCommissioner James W Cash seconded the motion which carried by unanimous vote24 Subdivisions ApprovedUpon the recommendation of the County Planning Board the following subdivisionswere considered for approval316September 6,, 1988 ContinuedA Bentonville Meadows, J R Moody, Owner; State Road 1137, Highway 701;Bentonville Township, 13 lots; Restrictions Landscaped entrance sign; motion by CommissionerHoward Benson, seconded by Commissioner James W Cash and carried; plat executed byChairman B Horsemans Run, Gattis Lee, Owner; SR 1003; Wilders Township, 17 lots;Restrictions Letter of Credit for Road; motion by Commissioner James W Cash, seconded byCommissioner Howard Benton and carried; plat executed by Chairman C West JohnstonMobile Home Park - Phase II, Charles Grant, Owner; SR 1541; Pleasant Grove Township, 54lots; motion by Commissioner John M Booker, seconded by Commissioner James W Cash andcarried; plat executed by Chairman25 WYED Channel 17 to Alert Cable TV Channel - ResolutionUpon a motion by Commissioner James W Cash, duly seconded by Commissioner JohnM Booker and carried by unanimous vote, the following resolution was adoptedRESOLUTION SUPPORTING ADDITION OF WYED CHANNEL 17TO ALERT CABLE TV CHANNEL LINEUPWHEREAS, Alert Cable TV of North Carolina, Inc has franchisedagreements to provide cable television service to several communities withinJohnston County, andWHEREAS WYED Channel 17 has recently constructed a 200,000television station in Clayton, which is currently providing a variety ofprograms, including local programming of communities within Johnston County,andWHEREAS, Alert Cable TV is currently not offering Channel 17 to itscustomers particularly those customers living in Johnston CountyNOW, THEREFORE, BE IT RESOLVED that the Johnston County Board ofCommissioners, representing the Alert Cable customers within its jurisdiction,respectfully request Alert Cable to strongly consider adding Channel 17 to theAlert Cable TV lineup for its Johnston County customers26 Loch Pharmaceutical - Engineering Contract for Water and Sewer ExtensionsCommissioner Frank B Holding moved that Ragsdale Consultants, PA be retained tofurnish professional engineering services in connection with the Loch Pharmaceutical industrialsite SR 1901 water and sewer extensions Commissioner Holding further moved the CountyManager be authorized to upgrade the water line to a 12 line should he determine a largerline will be needed to handle future development in this areaCommissioner John M Booker seconded the motion which carried by unanimous vote27 Board Update1 September 15, 1988, is the deadline for submitting proposals for the LegislativeGoals committee to present to the 1989 session of the General Assembly2 Letter from DOT reference placing RR signals on SR 19013 Whitley Heights has been sanctioned and thereby created by the State They willbe asking for a bond vote shortly4Memo from Sheriff on DARE Program in theSchool System5Proposed Amendment tothe Reid Lawsuit6DSS Building InspectionReport putting theCounty on notice of losing funding7School Financial Reportfor June and July8Notice from WYED -17 ofupcoming special onClaytonWYED -17 would like toproduce a special onJohnston County with interviews witheach Commissioner9 Notice by the State of reduction of Child Day Care Funds10 Tax Report on loss of Inventory and Manufacturers basezffIII317September 6, 1988 Continued11 Sales Tax Distribution12 Notification of non funding of Community Development Block Grant Graytown13 Report on Reimbursement of Medical Services14 Thank you letter from Harbor, Inc15 Letter from Jim Levinson on the discussion to designate parking I will point outthat the Adult Probation will be housed in the Courthouse and thereby will not affect hisbuilding In addition, the Training Program, DWI Program, and Economic Development will berelocated to the County property16 Letter from Red Cross17 Amendment on Lawsuit on Steve Dennis Caddell vs the County18 Update letter of approval on ASCS lease agreement for a new building The rate-is very attractive acid will allow a 7 to 10 dear break even without up front County funds19 Agricultural Extension Service Statistical Summary20 Clipping on Job Training ProgramUpon a motion by Commissioner John M Booker, duly seconded by CommissionerFrank B Holding and carried by unanimous vote, the Board adjournedNorman C Denning, ChairmanEleanor N CreechClerk to the Board