March 2, 1987 - 10:00 AM - County Board of Commissioners Meeting Minutes

Meeting of Johnston County Board of CommissionersMarch 2, 1987The Johnston County Board of Commissioners met in regular session Monday,March 2, 1987 at 10 oclock am, Commissioners Room, Johnston County Courthouse,Smithfield, North Carolina, with the following members presentNorman C Denning, Chairman, Frank B Holding, Vice Chairman, John MBooker, DVM, Howard Benton and James W CashMembers absent NoneAlso present Richard B Self, County Manager, Eleanor N Creech, Clerk tothe Board and W R Britt, County AttorneyThe Chairman called the meeting to order and the following business wastransacted1 MinutesThe Chairman asked if there were any corrections to the minutes of theFebruary 2, 1987, board meeting There being no corrections, the Chairman declared theminutes of the February 2, 1987, board meeting stand approved as recorded2 Amendment to Minutes of December 1, 1986Upon a motion by Commissioner Howard Benton, duly seconded by CommissionerJames W Cash and carried by unanimous vote, the minutes of December 1, 1986, itemnumber seven #7, page 36, Proclamation - Just Say No Week, was amended to changethe dates from February 8 - 14 to February 22 - 28, 19873 Public Hearing - Mass Gathering OrdinanceThe Board of Commissioners set a date of March 16, 1987, at 730 pm, toconduct a Public Hearing on a proposed Mass Gathering Ordinance The Public Hearingwill be held in the Johnston County Courthouse, Smithfield, NC4 Appointments - Brogden Fire District CommissionUpon a motion by Commissioner Frank B Holding, duly seconded by CommissionerJohn M Booker and carried by unanimous vote, the following were appointed to theBrogden Fire District Commission Board for two year terms beginning March 1, 1987;Clarence Woodal I , Clarence F Norris, Jr and Melton A Thompson5 Appointment - Emergency Medical Services Advisory Council - Triangle J COGUpon a motion by Commissioner Howard Benton, duly seconded by CommissionerJames W Cash and carried by unanimous vote, Shirley Mozi ngo was appointed to theemergency Medical Services, Triangle J Council of Governments, to fill the unexpired termof Helen Ray This term expiring June, 191886 Appointment - Emergency Medical Services Advisory Council- Triangle J COGUpon a motion byCommissioner James W Cash, duly seconded by CommissionerFrank B Holding and carriedby unanimous vote, Kyle McDermott was appointed to theEmergency Medical Services,Triangle J Council of Governments to fill the unexpired termof Richard Panek This termexpiring June, 19887 Road Petitions - Add to Secondary Road System for MaintenanceUpon a motion byCommissioner James W Cash, duly seconded by CommissionerHoward Benton and carriedby unanimous vote, it was moved the road petition requestingthat Lynnfield Lane andVillage Court in Lynnfield Village Subdivision, ClevelandTownship, be added to theSecondary Road System for maintenance be forwarded to theNorth Carolina Department ofTransportation for consideration8 Budget Amendment -Mental HealthUpon a motion by Commissioner Frank B Holding, duly seconded by CommissionerJohn M Booker and carriedby unanimous vote, it was moved the Mental Health Budgetbe amended in the amout of 6,870 an additional allocation of State ADAP funds, to beexpended in contracted services9 Budget Amendment -Social Services BudgetUpon a motion byCommissioner John M Booker, duly seconded by CommissionerJames W Cash and carriedby unanimous vote, it was moved the Social Services Budgetbe amended in the amount of1,825, Carolina Power and Light Crisis Fundsl7My61March 2, 1987 ;Continued10 Budget Amendment - Health Department - WIC ProgramUpon a motion by Commissioner Frank B Holding, duly seconded by CommissionerJohn M Booker and carried by unanimous vote, it was moved the Health DepartmentBudget be amended in the amount of 26800, additional WIC Administrative Funds11 Waste Disposal Agreement AdoptedUpon a motion by Commissioner John M Booker, duly seconded by CommissionerFrank B Holding and carried by unanimous vote, the following agreement was adoptedWASTE DISPOSAL AGREEMENTIn consideration for the right to dispose of solid waste at the Johnston CountyLandfill, owned and operated by Johnston County, Hauler agrees to comply with allI icensing, permitting, registration, safety and other federal, state and local laws,regulations and rules, and to comply with all of the countys reasonable operating rulesand instructions regarding disposal of solid waste at the landfill Hauler further agreesto dispose only of municipal solid waste, as defined in the statutes and regulations ofthe State of North Carolina, together with such other waste as is specifically approvedby the State of North Carolina provided, that in no event shall Hauler dispose of anyhazardous, toxic, liquid or other waste prohibited by the State or Federal government,and Hauler agrees to idemnify, defend and hold harmless Johnston County from any andall claims, damages, liabilities, penalties, fines and expenses including attorneys feesarising in any way out of Haulers failure to comply with any governmental laws,regulations or rules, Haulers negligent or intentional acts in disposal of wastematerials, or Haulers disposal of any materials other than acceptable waste at thelandfill, including actions involving personal injury or death, property damage, andviolations of environmental or other laws, regulations or rulesHauler further agrees that it shall not dispose of any waste of any type notgenerated within Johnston County, and that attempts to dispose of waste generated outsideof Johnston County may result in termination of disposal privileges at the landfillJohnston County may refuse to accept any waste materials other than acceptablewaste as defined above, and may terminate Haulers-access to the landfill if Hauler failsto comply with any applicable laws, regulations or rules of any governmental authorities,or with landfill operating rulesJohnston County may make such investigations and perform such tests as itdeems necessary to determine the acceptability of waste, but its ,failure to do so or todiscover unacceptable waste shall in no way relieve Hauler of its obligations hereunder12 Board of Equalization and Review - Date for Tax HearingsThe Board of County Commissioners set a date of April 6, 1987, at 2 pm, tosit as a Board of Equalization and Review to begin hearings on tax appraisal appealsfor 1987 The commissioners asked the Tax Administrator to schedule appointments forabout 12 to 15 people for approximately 15 minutes each13 Tax Refund - Clay BroadcastingUpon the recommendation of the Tax Administrator, and in accordance with GS 105 -380, CommissionerJamesW Cash movedthat Clay BroadcastingCompany,Wilmington, be granted arefundin the amount of53400 past three years at 178each year based on thefact theTV Relay Towerlocated in Pleasant GroveTownshiphas been listed as realestateand also listed as leasehold improvementson theirbusiness personal propertylistingsdouble listingCommissioner John M Booker seconded the motion which carried by unanimousvote14 Legislative Bill Inventories Stored in WarehousesThe Tax Administrator discussed with the board a bill before the legislature toexpand the property tax exemption for goods stored in a public warehouse and to granta similar exemption for goods stored in a private warehouse This new bill introducedwould make the tax exemption effective for personal property placed in private as wellas public warehouses, effective for taxable years beginning in 1988The board further discussed the effect this bill will have on ax inventoriesand what the county stands to lose They asked the Tax Administrator to make an effortto try and determine what the loss would be62March 2, 1,987 ; Continued15 Secondary Road # 2106 - Oneal Is TownshipWalter Barnes, a resident of Secondary Road # 2106 met with the board He isagain concerned about the paving of this secondary road The board discussed thepriority, number 18; Mr Barnes stated he feels it is time something is done aboutpaving this road He advised the board there is a water drainage problem that needs tobe investigatedUpon motion by Commissioner Howard Benton, duly seconded by CommissionerFrank B Holding and carried by unanimous vote, it was moved the Department ofTransportation, Division of Highways, be asked to improved the maintenance on SecondaryRoad # 210616 Subdivisions - ApprovedUpon the recommendation of the County Planning Board, and upon motion byCommissioner John M Booker, duly seconded by Commissioner Howard Benton and carriedby unanimous vote, the following subdivisions were approved and executed by theChairman ,a John Howell Subdivision; John Howell, owner; State Road # 2141, Boon HillTownship; 7 lots; restriction pump required on lot # 1b Stephanie Woods - Phase 11 - Section 1; Linwood Byrd; State Road # 1623,Clayton Township, 10 lots, Phase 11 - Section Ic Charles Byrd Subdivision; Charles Lee Byrd, State Road # 1303, BannerTownship, 5 lotsd Blackmon Subdivision; George Blackmon, State Road # 1 188 and State Road# 1189, Bentonville Township, 9 lots17 Agreement for Provision of Water Supply System for the Johnston CountyGrover Dees, Mayor, Town of Selma, asked the board to consider a change inthe last paragraph of the proposed Agreement for Provision of Water Supply Disposalfor the Johnston County Prison Unit adopted by the Board of County Commissioners onOctober 6, 1986, Minute Book # 18, page 16, item #10 The last paragraph reads; ThatDOC -DP will pay the cost of water service to the Town of Selma at the towns standardoutside user rates for a period of at least ten 10 years Should the County ofJohnston decide to operate and maintain its own water lines, the contract with DO0 -DPshall transfer from Selma to Johnston County The Selma Town Council does not agree with the wording of the aboveparagraph and has not adopted the agreement; stating that it is not consistent with anagreement with the Town of Smithfield regarding the Wilsons Mills water supply systemAfter much discussion with Mayor Dees, the board declared the Agreement for Provisionof Water Supply Disposal for the Johnston County Prison Unit adopted on October 6,1986, Minute Book #18, page 16, item 10, null and voidAfter further discussion, the Commissioners and Mayor Dees agreed on changesin the last paragraph of the agreement, and upon motion by Commissioner HowardBenton, duly seconded by Commissioner James W Cash and carried by unanimous vote,the following agreement was adoptedAGREEMENT FOR PROVISION OF WATER SUPPLY SYSTEMFOR THE JOHNSTON COUNTY PRISON UNITTHIS AGREEMENT made this the 2nd day of March, 1987, by and between theDepartment of Corrections - Division of Prisons hereafter, DOC -DP, the Town of Selma,hereafter the Town , and Johnston County hereafter the County , is for provisionof water supply services for the Johnston County Prison UnitWHEREAS, DOC -DP has need for and desires a new water supply system for theJohnston County Prison Unit, andWHEREAS, the Town of Selma currently has under design a water project whichwill result in the construction of water mains west of Selma to a point withinapproximately 6,000 1f of the Johnston County Prison Unit, andIi4i4lfIF63March 2, 1987 ContinuedWHEREAS, Johnston County desires that any water supply facilities in the areaof the prison unit be appropriately designed to serve as a segment of the countywidewater systemNOW, THEREFORE, the DOC -DP, Town of Selma and Johnston County agree asfollowsThat the Town will augment its water supply project to include the design of awater main extension from a point on West Oak Street Extension SR 1929 westward toUS 70 -A and then northwestward along US 70 -A to the Johnston County Prison Unit, alength of approximately 6,000 lf; and will install a service meter at the prison unit;That the Town of Selma will receive bids for the work described above as aseparate schedule along with the other water facilities in the Towns planned projectand will construct and operate said facilities to serve the Johnston County Prison UnitThat, in order to provide for the future needs of the county -wide water system,the water main will be 16 inches in size and will include fire hydrants at appropriatespacings, although i t is understood that the water main size requ i red to provide potablewater needs for the prison unit is 6 inches in diameterThat DOC -DP will pay for the cost of a 6 inch water main and appurtenancesThat, Johnston County will pay for the difference in cost between the 6 inchdiameter main and the 16 inch diameter main requiredThat, Johnston County will own the water main from its point of termination onSR 1929 to the Johnston County Prison UnitThat all costs referred to above shall include technical services, legal, land,easements, permits, construction, contingencies, and related costs to render the facilitiesfully operational and serviceableThat the DOC -DP and Johnston County wi i I make payment in the amounts of15,60000 and 4,30000, respectively, for their respective shares of the design phase ofthe project and will make payment for the balance of the cost within 30 days from thedate of award of construction contracts by the Town of SelmaThat DOC -DP will pay the cost of water service to the Town of Selma at theTowns standard outside user rate until such time as the County adopts a uniformcounty -wide water and or sewer policy which may alter this AgreementSEALATTESTSEALAnn Vause - City ClerkSEALATTESTDepartment of CorrectionsDivision of PrisonsTown of SelmaHonorable Grover T DeesJohnston CountyRichard B Self, County ManagerEleanor N Creech, ClerkBoard of County Commissioners18 Fire Departments - Contract Awarded for Air CompressorPursuant to advertisement, after review and upon the recommendation of the County FireMarshal and Board Chairman, Commissioner John M Booker moved to award the contract for a newair compressor for the county fire departments to Eagle Air Systems, Pleasant Garden, NorthCarolina, bid price of 19,23600, RFB Quote #2LMjMarch 2, 1987 ContinuedCommissioner James W Cash seconded the motion which carried by unanimous vote19 Ham and Yam Festival Use of County Parking LotsTheboard received a letter from the Ham and Yam Festival Committee requesting use ofsome of the countys parking areas; all of the lot on Second and Johnston- Streets; for boothspace and reserved parking for craft exhibitors, from 6 pm, Friday, April 10th until 8 pm onSaturday, April 11th; a few parking spaces 6 or 7 in the parking lot on Third and JohnstonStreets for a temporary stageAfter discussion, Commissioner Frank B Holding moved that permission be granted for useof the two county parking lots during the Ham and Yam Festival; that the total number of parkingspaces to be used for a temporary stage be kept to a minimum so as to allow maximum courthouseparking during the weekdays; that upon completion of the festival the parking lots are to becleaned and the stage removed prior to Monday morningCommissioner James W Cash seconded the motion which carried by unanimous vote20 Water — Whitley Heights SubdivisionResidents of the Whitley Heights Subdivision have requested to be allowed to connect ontoe the county water line on Highway 70 The County Manager reported that he, Tony Robertson,Smithfield Manager, and Tim Broome of Ragsdale Consultants, had met with many residents of theWhitley Heights area These residents complain of low water tables, quality of drinking water,septic tank overflow and runoff affecting water quality The County Manager advised there areseveral approaches to the Whitley Heights request, each of which carries future consequences andsets a precedent to the area of water service to residential areasThe engineer has estimated cost to install water lines and provide hydrants for fireprotection to be approximately 200,000The board discussed this matter at length, however, agreed the county can not afford torun water lines to the Whitley Heights residents as a county expenditure; further emphasizingthe county can not go into the residential subdivision water business at this timeThe Board of Commissioners asked the County Manager to work with the Whitley Heightsresidents, the engineer and Town of Smithfield to lend leadership in getting this problemresolved21 Johnston —Lee Community Action, Inc — Community Services Block GrantChairman Norman C Denning reviewed the Anti— Poverty Plan for the fiscal year 198722 Community Development Block GrantIn a report to the Board of Commissioners, Lula Sanders, Project Director, Wilsons MillsCommunity Development, advised the Wilsons Mills Community Development project is 95 completeand now is the time for the board to consider pursuing another Community Development Block Grantfor the 1987 -1988 funding cycleThe Community Development staff has indentified Greyton as a potential siteThe board asked Commissioner James W Cash and Commissioner John M Booker to investigatethe feasibility of applying for another Community Development Block GrantUpon a motion by Commissioner John M Booker, duly seconded by Commissioner Frank BHolding and carried the board adjournedEleanor N Creech, Clerk to the BoardOrman C Denning, ChairmanDetailsAnnotationsEntry PropertiesModified11192013 22251 PMCreated492003 125840 PMTemplateMinutesFieldsMinutes - TypeRegularMinutes - Date321987Book18