December 7, 1987 - 10:00 AM - County Board of Commissioners Meeting Minutes

Meetine of Johnston CounBoard of CommissionersDecember 7, 1987The Johnston County Board of Commissioners met in regular session Monday,December 7, 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, James W Cash,Howard Benton and John M Booker, DVMAlso present Richard Self, County Manager, Eleanor N Creech, Clerk to the Board,and William R Britt, County AttorneyThe Chairman called the meeting to order and the following business was transacted1 MinutesTheChairman askedif there were any corrections tothe minutes of the November 2,1987, boardmeeting Therebeing no corrections, the Chairmandeclared the minutes standapproved asrecorded2 Organization of the Board of CommissionersTheChairman turnedthe meeting over to the Clerkto the Board to preside in theelection of aChairman of theBoard of County CommissionersTheClerk called fornominations for Chairman of theBoard of Commissioners to servea one year termCommissioner Frank B Holding moved that Norman CDenning be nominated to serveas Chairmanof the BoardCommissioner Howard Benton seconded the motionThe Clerk called for any other nominations There being no other nominations,Norman C Denning was elected Chairman of the BoardThe Clerk turned the meeting over to the Chairman for the election of a ViceChairmanChairman Norman C Denning called for nominations for Vice Chairman of the Board ofCommissioners to serve a one year termCommissioner Howard Benton moved that Frank B Holding be nominated to serve asVice Chairman of the BoardCommissioner James W Cash seconded the motionThe Chairman called for any other nominations There being no other nominations,Frank B Holding was elected Vice Chairman of the Board3 Advisory BoardsThe Chairman asked the Commissioners to continue serving on the same advisoryboards and to represent the same agencies they represented last yearNorman C Denning - Board of HealthFire DepartmentsFrank B Holding - Mental Health BoardJohn M Booker - Social Services BoardLibrary and Rescue SquadsHoward Benton - Capital Health Systems Agency Board of DirectorsLandfillJames W Cash - Hospital Board of TrusteesTriangle J Council of Governments4 Omnibus Budget Act - Congressional ConcernsPhil Taylor of the Edward Jones Company met with the Board todiscuss proposed Federal Legislation which could have a negative impact on Johnston Countyif it is ratified by CongressIIII•Mr Taylor addressed the issue of annual tax on discount bonds, stating that itwould cost the County money in the future to issue debt The House Bill would tax annuallythe amount of market discount attributable to the year on all discount bonds This wouldcause nominal yields to rise and bond prices to fall Mr Taylor asked the Board to take aposition on the proposed legislation urging our representatives to exclude specified taxincreases when legislation implementing the budget agreement is draftedThe County Manager advised the Board the Omnibus Budget Act before Congress alsocontains the following issues which would have a negative impact on local governments1 Alternative Minimum Tax AMT The Housebillwouldraise the tax oncorporate book income from 10 to 20 percent Because earningson alltraditional publicpurpose tax - exempt obligations are included in book income,thisprovisiontaxes state andlocal securities issued to build schools Net effect would be toincrease thecost of borrowingto local governments The Senate Finance Committee rejectedthisproposalbut the House isstill considering it2 Installment Sales The House bill contains a provision that would prohibitcompanies from deducting interest earned in tax - exempt installment sales and leasingarrangements with local governments New effect would be increase cost of leasing to localgovernments3 Purchase of Investor -Owned Utilities The House bill bars local governmentsfrom using tax - exempt bonds to finance the acquisition of electric and gas facilities owned byinvestor -owned utilities and by the federal government4 Sinking Fund Regulations The House and Senate packages contain languageto overturn the recent decision in the full Court of Appeals for the Federal Circuit, City ofTucson v Commissioner of Internal Revenue which invalidated Treasury Department regulationssubjecting state and local government tax receipts and other revenues held in a sinking fundto arbitrage limitsThe County Manager also stated to the Board that NACo is urging all CountyGovernments to contact Senators and Representatives to draft and or vote for legislaturewhich achieves equitably balanced spending reductions in domestic, defense and foreign aidexpenditures, and oppose tax increases that would adversely affect county financesA resolution expressing the Countys opposition to the proposed tax law changes waspresented to the Board for considerationCommissioner Frank B Holding moved the resolution be adoptedCommissioner James W Cash seconded the motionIn reviewing the resolution Commissioner Howard Benton stated he would like furtherdiscussion on this matter Commissioner Holding noted that the final bill had not beenwrittenCommissioner Frank B Holding withdrew his motion to adopt the resolutionCommissioner James W Cash withdrew his second, no action was taken on the adoption ofthis resolution at this time5 Audit Reports - Year Ended June 30, 1987Ken Neighbors of Neighbors and Associates, Benson, N C, met with the Board andreviewed in detail the 1986 -1987 fiscal year audit reports He stated he found everything inorder and in compliance with all program regulations and accounting principlesAfter a detailed report of the audits, of which each board member had been mailed acopy with the agenda package, and handed a copy of the HAPP audit at this meeting,Commissioner John M Booker moved the Reports on Examination of Accounts for Year EndedJune 30, 1987, including the HAPP Audit, be accepted as reportedCommissioner Frank B Holding seconded the motion which carried by unanimous voteThe Chairman thanked Mr Neighbors for his presentation6 Road Petition - SR # 1154Royie Massengill, Route 2, Four Oaks, Ingrams Township, met with the Board andpresented a petition requesting that SR #1154 be paved The Board reviewed Mr Massengillsrequest advising that the priority number is 183After discussion, Commissioner Frank B Holding moved the petition be mailed to theNorth Carolina Department of Transportation, Division of Highways, with the Boardsrecommendation for considerationCommissioner James W Cash seconded the motion which carried by unanimous vote1 • 1December 7, 1987 Continued7 Highway Department EngineersJ 0 Ethridge, DistrictEngineer, andRossHailey, MaintenanceEngineer, NCDepartment of Transportation, met with the BoardMrHailey reported thatthe maintenanceproblems of the ditches and roadbank on SR #1337have been correctedHe stated theproperty owner has a drive -way problem which canbecorrected The Statewill install pipewhen the property owner purchasesthe pipeMrsVelma Stewart, Rt 1,Commissioner Holding askedMr Hailey tocheckwith J Bailey Swertfegerabout aconcern of a deep ditch along 301Highway southof SmithfieldBox 274, Kenly, NC 27542Mr Ethridge introduced J C Rhodes, Assistant District Engineer for JohnstonCounty, to the Board8 Tax Listers for 1988Johnnie Stott, Tax Administrator, recommended the following tax listing assistants forthe 1988 listing period These individuals have been contacted and have agreed to serveTownshipBannerBentonvilleBeulahBoon HillClaytonClevelandElevationIngramsMeadowMicroO NealsPine LevelPleasant GroveSelmaSmithfieldWildersWilsons MillsRecommendationsName and AddressMrsWanda Herring, 408 WWaddell St, Selma, NC 27576MrsMelvia Westbrook, Rt1, Four Oaks, NC 27524MrJames Pope, Rt 1, Box189, Kenly, NC 27542MrsZettie Woodard, Rt 1,Box 384, Princeton, N C 27569MrsMae H Stevens, 3600NC 42 West, Clayton, NC 27520MrsLeone Barefoot, Rt 3,Box 1030, Garner, NC 27529DeclinedMrsVelma Stewart, Rt 1,Four Oaks, NC 27524MrsPerry Thornton, Rt1, Box 66, Newton Grove, NCMrClaude Aycock, PO Box 142, MIcro, NC 27555MrsMarie Johnson, Rt 3,Box 274, Kenly, NC 27542MrsBarbara Aycock, POBox 123, Micro, NC 27555MrNA Hardee, Rt 1, Box133, Benson, NC 27504MrsWanda Herring, 408 WWaddell St, Selma, NC 27576TaxAdministrators Office, Smithfield, NC 27577MrCecil Jones, Rt 1, Wendell, NC 27591MrsMary Youngblook, Rt3, Box 112, Smithfield, NC 275771 That each township with the exception of Smithfield assist two days per week2 That a fee be set at 300 plus mileage for each township Tax Assessor recommends that no tax lister be assigned to Elevation Township toreplace Mrs Matthews Taxpayers may go to a lister in a surrounding township or come tothe office in SmithfieldThe Tax Administrator told the Board he receives approximately 60 of the taxlistings, by mail The Commissioners were opposed to not having a list taker for ElevationTownship, within the Township, and asked the Tax Administrator to try to find someoneAfter discussion, Commissioner Howard Benton moved the tax listing assistants for1988 be approved and that the Tax Administrator be instructed to find someone for ElevationTownshipCommissioner John M Booker seconded the motion which carried by unanimous vote9 Tax Refund RequestThe Tax Administrator stated that Mrs Gladys W Flowers of Wilders Township isrequesting refund for 1984, 1985, and 1986 for Archer Lodge Fire District taxesBased on the values of the parcels identified as not being in the fire district billedas Archer Lodge, in Thanksgiving Fire District she is requesting a refund of 1,23873Year Value Tax1984 534,624 427701985 508,754 407001986 505,034 404031,23873It is recommended that refund be granted and since this is to come from the firedistrict funds, the fire district needs to be notified of this amountljDecember 7 , 1987 ContinuedThe Board discussed the requestrefund can be made The Board agreed tcAdministrator to determine the number ofLodge Fire District of the request10 Property Value AppealsThe Tax Administrator stated theappeals relative to real estate values since191at length with regard to the number of years adefer action at this time and instructed the Taxyears permissible by law and to advise the ArcherTax Office has received approximately forty 40 the tax bills were mailed outGS 105 -325 allows changes to be made only under specific circumstancesThe Board may delegate authority to change values to the tax assessor if the changeis to correct a clerical error, an erroneous description, or to add property which wasomitted at the January 1 listing dateThe Board, upon recommendation of the tax assessor, may change valuation whenfacts come to his attention that render it advisable to raise or lower the appraisal of someparticular property in the current calendar year If these facts were available at the timethe Board met as the Board of Equalization and Review, then appeal for the year 1987 is lostand taxpayer must appeal in 1988If a taxpayer delayed his appeal until after receiving his tax bill, there is no legalappeal for 1987 but he may appeal to the Board of Equalization and Review in 1988The Tax Administrator furnished a list of these tax appeals, with recommendations,to the Board saying that each of these taxpayers was mailed a letter acknowledging receiptof appeal The Board reviewed a copy of this letterIt is also recommended that changes needed due to clerical errors be made by TaxAssessor and staffAfter review and discussion, Commissioner Frank B Holding moved the TaxAdministrator be authorized to correct any clerical errors found between the time of themailing of the 1987 tax bill and the convening of the Board of Equalization and Review inApril, 1988 clerical errors related to this revaluation period Commissioner John M Booker seconded the motion which carried by unanimous voteThe Tax Administrator also expressed concern about the Senior Citizens exemption asvalues of property have gone above the 12,000 exemption Some of these taxpayers havereceived their bill just realizing they owe some tax and ,there is no legal appeal until 1988The Tax Administrator submitted a Tax Collection Report for November, 198711 Advertisement for Bids - West Smithfield Meter VaultThe County Manager explain plans and specifications have been prepared for thereplacement and enlargement of the meter vault located between Smithfield and WestSmithfield As anticipated several years ago, the pressure in West Smithfield has droppedconsiderably as the demand for water in the areas past West Smithfield have continued togrow 35,000 has been set aside in the current years budget for this projectCommissioner James W Cash moved the County Manager be authorized to advertisefor bids to replace the West Smithfield Meter Vault as this is part of the County watersystemCommissioner Frank B Holding seconded the motion which carried by unanimous vote12 Advertisement for Bids - Law Enforcement Data Processing Eaui -Dment and SoftwareThe County Manager explained that he and the Sheriff are still exploring alternativesto computerize the Sheriffs Department, however, requests permission to advertise for bidsat this time with the understanding there is no obligation on the part of the County This isto help get a better handle on the cost involved since the recent estimates provided by theSheriffs Department exceed the original request We are meeting with Data Generalrepresentatives next week to look at their package There are also several other vendors toexamineAfter discussion, Commissioner John M Booker moved the County Manager beauthorized to advertise for bids for Law Enforcement Data Processing equipment and softwareCommissioner Frank B Holding seconded the motion which carried by unanimous vote192December 7, 1987 Continued13 TACIT - Telephone System StudyThe County Manager stated the Centerfor Urban Affairs and CommunityServices ofNorth Carolina State University has decided todiscontinue the TACIT program andwillstopall activity December 31, 1987 The contracton the telephone study for theCountywillterminate at this time To date, the traffic analysis has been completed and therequestforproposal should be completed and in our handsby that dateTo keep from leaving the governmentalunits which had contracted withTACIToutin the cold, the staff has been provided the opportunity to contract out therest oftheproject with the agreement that total cost willnot exceed the original contractAll servicesoriginally stated will be honored Permission isneeded to modify the contract tocompletethelast phases of the contract -bid preparation, bidanalysis, and recommendationsThe Board expressed much concern that the Countys contract will not be honored bythe University They feel the State should not be allowed to get out of the contract,realizing the importance of the new telephone systemThe Chairman asked Commissioner Howard Benton to work with the County Manager todetermine what the County needs to do from this point and authorized them to negotiate acontract The Chairman also asked that if any other Commissioners had any input to contactCommissioner Benton or the County Manager14 AppointmentsA Town of Selma Planning BoardUpon a motion by Commissioner James W Cash, duly seconded byCommissioner John M Booker and carried by unanimous vote, the followingwere appointed to the Selma Planning Board as recommended by the SelmaTown Council James Smith term expires November, 1989; Elbert Hatcher term expires November, 1990 ; and Bart Broadwell term expires November,1988 B Selma Board of AdjustmentUpon a motion by Commissioner John M Booker, duly seconded byCommissioner Howard Benton and carried by unanimous vote, the term ofJane Woodard appointed to the Selma Board of Adjustment November 2, 1987 was corrected Ms Woodards term expires in 1988 instead of 1989C Industrial Development CommissionUpon a motion by Commissioner Howard Benton, duly seconded byCommissioner Frank B Holding and carried by unanimous vote, the followingappointments were made to the Johnston County Industrial DevelopmentCommission Reappointed - Haywood Stanley 2 year term, December, 1989;Thomas Moore 2 year term, December, 1989; M W Stancil 2 year term,December, 1989 Appointed - Larry W Massengill, PE 2 year term,December, 1989D Board of HealthUpon a motion by Commissioner Frank B Holding, duly seconded byCommissioner John M Booker and carried by unanimous vote, the followingwere reappointed to the Johnston County Board of Health Dorothy Delaine 3year term, December, 1990; Jack Austin, Jr 3 year term, December, 1990;Frank Wells 3 year term, December, 1990E Planning BoardUpon a motion by Commissioner James W Cash, duly seconded byCommissioner John M Booker and carried by unamimous vote, W BryantWellons was appointed to the Johnston County Planning Board to fill theunexpired term of Fred Bartholomew The term will expire May, 198815 Surplus Property - CS10 ComputerCommissioner John M Booker moved that the CS10 Data General Computer owned bythe County be declared surplus property and sold to the Town of Kenly for 2,000Commissioner James W Cash seconded the motion which carried by unanimous voteiI193December 716 Register of Deeds - Public Official BondCommissioner Frank B Holding moved the Public Official Bond on Phyllis Narron Wall,Register of Deeds, beginning October 22, 1987, and ending December 1, 1990, be approved inthe amount of 10,000Commissioner John M Booker seconded the motion which carried by unanimous vote17 Public Hearin e - West Johnston Fire District - Extension of BoundariesCommissioner John M Booker moved a Public Hearing be set for Monday, January 4,1988, at 10 oclock am on the proposed extension of the West Johnston Fire Districtboundaries from four miles to five miles West Johnston District has a special fire taxCommissioner Frank B Holding seconded the motion which carried by unanimous vote18 Recreation Grants - ApprovedUpon a motion by Commissioner Frank B Holding, duly seconded by CommissionerHoward Benton and carried by unanimous vote, the following recreation grant applications for1987 -88 were approved in the following amountsPrinceton Babe Ruth, 2,000; Wilsons Mills PTA, 2,000; Smithfield -Selma MiddleBooster Club, 2,000; Town of Benson Parks and Recreation, 2,000; Optimist Club ofSmithfield, 2,000; South Johnston Athletic Booster Club, 2,000; South Johnston High School,2,000; Princeton Youth Athletics Association, 2,000; Town of Kenly, 2,000To date the County has committed 43,460 plus 18,000 for the above for a totalcommitment of 61,460; total budgeted for Recreation Grants, 60,000Commissioner Frank B Holding moved a budget amendment be made in the amount of1,460 to the Recreation Grant Account Account # 12 -8100 -5300 from the Contingency FundCommissioner Howard Benton seconded the motion which carried by unanimous vote19 Budget AmendmentsUpon a motion by Commissioner Howard Benton, duly seconded by Commissioner JamesW Cash and carried by unanimous vote, the following budget amendments were approvedMental Health Expenditure Increase - Substance Abuse, 55,075; Child Mental Health,34,466; General Block Grant, 7,000 - Total 96,541Revenue Increase - Substance Abuse Prevention Funds, 55,075; Child Mental HealthPlan Non Residential Funds, 34,466; Block Grant, 7,000 - Total 96,541Health Expenditure Increase - Risk Reduction 10- 5920 -1400 Travel - 4500Revenue Increase - Risk Reduction 10- 3519 -834 This amount was included inprojected Revenues - 4500Health - Cancer Detection11,2050060000Decrease in Expenditures and Revenue in the amount ofHealth - WIC Decrease in Expenditures and Revenue in the amount of 4,35000Health - Clinical Increase in Expenditures and Revenue in the amount of 8,67000Board of ElectionsExpenditure Increase - Computer Programming 104300 -459Revenue Increase - Board of Elections 103417 -82 60000Housing Assistance Payment Program The County Manager advised the Board HAPP isspending 18,000 of Surplus Revenue to upgrade office equipment20 Award of Bid - Mental Health VanCommissioner James W Cash moved that Deacon Jones Buick - Pontiac, IncDBA Chrysler- Plymouth Dodge, Smithfield, North Carolina, be awarded the contract for one1 seven 7 passenger mini -van for the Johnston County Area Mental Health Center as perbid specifications at the bid price quoted of 12,989, delivery within 60 days of notification ifvehicle can be locatedCommissioner John M Booker seconded the motion which carried by unanimous vote194December 7, 1987 Continued21 Subdivisions ApprovedUpon the recommendation of the Planning Board the following subdivisions wereconsidered for approvalA Black Creek Estates, Carl Langdon, owner; State Road 1335, State Road 1338;Elevation Township, 17 lots; motion by Commissioner Howard Benton, seconded by CommissionerFrank B Holding and carried; plat executed by Chairman B Ehrhardt Acres, WalterEhrhardt, owner; State Road 2141; Pine Level Township, 10 lots; motion by Commissioner JohnM Booker, seconded by Commissioner Frank B Holding and carried; plat executed byChairman22 Economic Development - Presentation on Industrial and Subdivision Growth and I?Proposed Land -Use ZoningJeff Coutu, County Planner, and Tom Broughton, Industrial Coordinator, made apresentation to the Board on industrial and subdivision growth in the County since 1984 Thefollowing industries have located in Johnston County since 1984Colonial Carton, Clayton 1984Channel Master, Smithfield 1984Coplay Cement, Smithfield 1984DEH Associates, Archers Lodge 1985Southland Estate Winery, Selma 1985North Carolina Natural Gas, Bentonville 1985Bulldog Trucking, Kenly 1986Carolina Builders, Old Drug Store 1987Bartex Business Center, Clayton 1987Clayton Commerce Center, Clayton 1987Carolina Associates, 70 70A 1987Baumgardner, Kenly 1987Morganite, Pine Level 1987Spancrete, Planned, Pine Level 1987Sanderson Equipment, Inc, Princeton 1987Environmental Filters, Smithfield 1987Lawrence Packaging, Smithfield 1987M B Apparel, Benson 1987The County Planner reported a total of 76 subdivisions have been built in Claytonand Cleveland Townships since 1985 and five new industries in these two townships since1984The County Planner briefed the Board on the public meeting on proposed land -usezoning for Clayton and Cleveland Townships He explained in land -use zoning you identifyexisting land uses as residential, commercial and industrial and identify the different zoningdistricts The majority of the land to be zoned by the County would be classified asagricultural residential residential ARR40 requiring 40,000 sq ft lots Other zoningdistricts - residential AR -20 would have lots of 20,000 sq ft if served by a communitywater and sewer package treatments plants; residential R -10 would allow lots of 10,000 sqft if served by a public water and sewer system; for mobile homes the Planning Board isrecommending separate zoning districts, and separate travel- trailer park districts set asidefor temporary use Business districts would be zoned as BI and B2; B2 for proposed heavieruse; industrial classified as Ml and M2; M2 for hevier useThe County Planner continued that his staff is in the process of putting all districtson property maps He also passed out a draft copy of the Land -Use Zoning Ordinanceproposed by the County Planning Board for the boards study and reviewThe Board thanked the County Planner and Industrial Coordinator for this detailedreport23 Health Department - Two New PositionsCommissioner James W Cash moved that two new positions be approved for the HealthDepartment for the new medicaid program with the understanding that if the revenue isstopped the positions will be terminatedCommissioner John M Booker seconded the motion which carried by unanimous vote jf195December 7, 1987 ContinuedBudget AmendmentExpenditure Increase 10- 5925 -0200 Salary 23,3880010- 5925 -0500 FICA 1,6720010- 5925 -0600 Health Insurance 8400010- 5925 -0610 Life Insurance 1120010- 5925 -0700 Retirement 1, 24100Total Expenditure 27,25300Revenue Increase Expanded Medicaid Program 10- 3519 -823 27,2530024 Emergency Management Services Director HiredThe Chairmanreported that heand the County Manager hadtalked with the personof the Boards choicefor the EMS Directors position regarding s3LIaryand relocating inJohnston County TheChairman statedthat everything had beenworked out with thisperson The part -timeFire Marshal willbe available to assist the EMSDirector if and whennecessary and a sparelaw enforcement car will be available when neededvalue ofAfter discussion, Commissioner Frank B Holding moved that PeWayne West of NewtonGrove be employed as Johnston Countys first full -time Emergency Management ServicesDirector at an annual salary of 29,000Commissioner John M Booker seconded the motion which carried by the followingvoteAyes Frank B Holding, John M Booker, James W Ca h, Howard Benton andNorman C DenningN oes NoneCad Wilkinson, Kenly Fire Chief, present at this meeting, sated to the Board thaton behalf of the Johnston County Firemens Association, we think you have made anexcellent choice, this is a big plus for the entire County, and we think he will do theCounty an excellent job The Kenly Fire Chief thanked the Board for their support25 Dick Braswell - Offer of Water and Sewer LinesThe County Manager advised the Board that Dick Braswell as offered 8,295 if ofPVC water lines, gate valves and boxes, and 7 fire hydrants to t e County at a cost of82,000 Tim Broome of Ragsdale prepared an analysis of the ffer and calculated adepreciated value of the line at 77,420In addition, Mr Braswell has offered 6,350 if of 4 PVCforce sewer lines and 4manholes to the County ata cost of 23,000 Tim Broome calculateda depreciatedvalue ofthe line at 35,965 This was arrived at by subtracting the 25,000pump station,the 993If of 8 gravity sewer linevalued at 15,838, and 1,438 technical services This was thencalculated at 96 to reflect the 4 depreciation appliedNew offer from MrBraswell totals 105,000 as compared toa depreciatedvalue of113,385The Town of PineLevel is very interested in the line since they havepotentialcustomers that could be tiedto the lines if they were publicly ownedIf the County does not purchase the lines, Mr Braswell ,stated that he would applyto the North Carolina Utility Commission to be recognized and operate as a private utilitysystemIn discussion, Commissioner Frank B Holding commented that if the County can paya portion for the lines, he would be willing for the County to participate, but it will besetting a precedent The Chairman stated he would be willing to pay the difference thatthe County was going to pay when these lines were built Commissioner John M Bookeremphasized that whatever the final decision might be, he will support the Board, butquestions whether ownership should be the Countys He does not think that this is in thebest interest of the County that private water lines be run out in the County CommissionerBooker says he feels the Board needs to consider and study this request furtherChairman Denning asked Commissioner John M Booker, County Manager, Richard Self,and Commissioner Frank B Holding to look into the matter further and report back to theBoardDecember 7, 1987 Continued26 Update1 Johnston County Board of Education - Financial ReportUpon a motion by Commissioner Frank B Holding, duly seconded by CommissionerJohn M Booker and carried by unanimous vote, the Board adjournedEleanor N Creecli-Clerk to the BoardNorman C Denning,