January 6, 1986 - 10:00 AM - County Board of Commissioners Meeting Minutes

Meeting of Board of Commissioners for Johnston CountyJanuary 6, 1986The Johnston County Board of Commissioners met in regular session Monday,January 6, 1986, at 10 oclock am, in the Commissioners Room, Johnston CountyCourthouse, Smithfield, North Carolina, with the following members presentNorman C Denning, Chairman, Frank B Holding, Vice Chairman, JamesW Cash, Howard Benton and John M Booker, DVMMembers Absent NoneAlso present Kramer Jackson, County Manager, Eleanor N Creech, Clerkto the Board, and W R Britt, County AttorneyThe Chairman called the meeting to order and the following businesswas transacted1 MinutesThe Chairman asked if there were any corrections to the minutes of theDecember 2nd and December 18, 1985, board meetings There being no corrections,the Chairman declared the minutes stand approved as recorded2 Road Petition - S R # 2348Ralph Hooks, spokesman and a delegation of residents living, on SecondaryRoad # 2348 presented the board with a petition for pavingAfter discussion, Commissioner Howard Benton moved to forward this requestto the North Carolina Department of Transportation for considerationCommissioner James W Cash seconded the motion which was carriedThe board asked the District Maintenance Engineer to take a look atthis road for maintenance improvements3 Public Hearing - McLemore Fire District Annexation of BoundariesAt 1015 am, Chairman Norman C Denning opened the Public Hearingon the proposed annexation of the McLemore Fire District boundaries` to a fivemile districtThe Chairman called for comments from the audience for or against theproposed annexation There was no opposition to the annexation of the McLemoreFire District boundariesUpon a motion by Commissioner Frank B Holding, duly seconded by CommissionerJohn M Booker and carried by unanimous vote, the following resolution wasadoptedRESOLUTIONWHEREAS, the matter of fixing and declaring the amended boundariesof the McLemore Fire District was duly presented;AND WHEREAS, it appears that the McLemore Fire District has compliedwith minimum requirements, as contained in the resolution adopted by the Boardof County Commissioners on October 3, 1955, pertaining to the establishmentof Fire Departments and Fire Districts in Johnston County; and with GeneralStatute 69 -2511 Changes In Area of District ;AND WHEREAS, the enlargement of its fire district has met the approvalof the North Carolina Fire Insurance Rating Bureau;NOW, THEREFORE, BE IT RESOLVED that the boundaries of the McLemoreFire District to be served by the Cleveland Fire Department be amended andofficially designed and fixed as followsMCLEMORE FIRE DISTRICTBEGINNING at a point 1 on Cleveland Road 1010 at the boundaryof Wake- Johnston County Line, thence northerly to point 2 on RPR 1525 at theintersection of RPR 1548; thence east to point 3 on NC 42 at the crossing ofWhite Oak Creek; thence easterly to point 4 on RPR 1569, 9 mi west of inter-section of 1569 and RPR 1556; thence to point 5 on RPR 1556, 07 mi westof intersection of RPR 1569 and 1556; thence northeasterly to point 6 on RPR4 X7112January 6, 1986 Continued1555 at the intersection of 1557; thence easterly to point 7 on RPR 1560 at theintersection of 1557 excluding property on each side of 1557; thence easterly to1562;point 8 on 1561 at the intersection of 1562 excluding; property located onRoadthence easterly to point 9 on RPR 1010, 05 mi east of its intersection ofof its intersection1505; thence southerly to point 10 on Road 1505, 05 mile south1 1 on Road 1506, 08 mi west of its inter-with RPR 1010; thence south to point1504; thence southerly to point 12 on Road 1507 at the road crossingrsection withMiddle Creek; thence southwest to point 13 on RPR 1330 at the intersectionofof 1517; thence west to point 14 on RPR 1524 at the intersection of NC 50; thenceRPR 1603;northwest to point 15 on NC 42, 01 mi west of its intersection withRPR 1603;thence northwest to point 16 on RPR 1546 at the intersection withthence northerly to the point 1 of the beginning4 Road Request for Paving - Secondary Road # 1311Mr Milton Coats of Pleasant Grove Township asked the board for consider-ation in getting Secondary Road # 1311 paved Mr Coats told the board he wouldfile a petition on this road5 North Carolina Council of Churches Seek Water and Sewer LinesThe board received a request from Sister Evelyn Mattern of the NorthCarol ina Council of Churches asking the county to run water and sewer lines# 2375 Stuckeyto an alternate site the Council had been offered on Secondary RoadRoad about 4 of a mile from Highway 70 east of Smithfield for a housing develop-ment project for farmworkersISister Mattern explained in her letter to the board, the council did nothave the financial capability to run water and sewer to the siteIn discussion the County Manager explained that Ragsdale Engineers hadiproposed that water and sewer service could be provided from existing waterand sewer utilities on Highway 70 -A in the vicinity of the Shallco Plant He con-tinued; based on the engineers estimates running water and sewer to this site`would cost at least 152,000After much discussion, the board agreed this request is not in keepingwith County policy of spending money for water and sewer projects; and instructedthe County Manager to notify the North Carolina Council of Churches of theirdecisionThe board emphasized the countys policy is to construct utility linesto each of the countys municipalities and to new and expanding industries6 Subdivisions Approveda Southwinds III renamed Southwoods 1 1 1 Upon the recommendation of the County Planning Board, and upon motionby Commissioner James W Cash, duly seconded by Commissioner Howard Bentonand carried, the Southwoods III Subdivision, Lanny Clifton, owner, located StateRoad # 1525, Cleveland Township, 7 lots, final phase; restrictions subject tosubdivision being renamed; and note must be placed on plat that lot #5 willneed a pump system, was approved and the Chairman authorized to execute thejplatjb Southwinds IV renamed South HillsUpon the recommendation of the County Planning Board, and upon motionby Commissioner Howard Benton, duly seconded by Commissioner James W Cashand carried, the South Hi I is Subdivision, Lanny Clifton, owner, located StateRoad # 1525, Cleveland Township, 9 lots, final phase, restrictions; subject tothe condition that the subdivision must be renamed; pump system required onall lots because of soil conditions, was approved and the Chairman authorizedto execute the platic Donald Corbett SubdivisionUpon the recommendation of the County Planning Board, and upon motionM Bookerby Commissioner Frank B Holding, duly seconded by Commissioner Johnand carried; the Donald Corbett Subdivision, Donald Corbett, owner, located Highway96, ONeals Township, 4 lots, final phase, no restrictions, was approved andthe Chairman authorized to execute the platJanuary 6, 1986 Continuedd Clydes Chapel Estates SectionUpon the recommendation of the County Planning Board, and upon motionby Commissioner James W Cash, duly seconded by Commissioner Howard Bentonand carried, the Clydes Chapel Estates - Section I1I, Subdivision, Paul White,owner, located State Road # 1717, Wilders Township, 8 Lots, final phase, restrictionssubject to note being placed on the plat that Lots #24, 25, 26, and 27 will needPumps, was approved and the Chairman authorized to execute the plate Hunting Ridge SubdivisionUpon the recommendation of theby Commissioner Frank B Holding, dulyCounty Planning Board, and upon motionand carried, the Hunting Ridge Subdivision,secondedBaileyby CommissionerSwertfegerJohn M BookerSS DevelopmentCompany, located off State Road 13457SmithfieldTownship, 18lots, final phase,restrictions subject to performance bondbeingwith ST Wooten forpaving the roadapproved by the County Commissiners andsubject to Environmental Healthapproval; was approved and the Chairmanauthorizedto execute theplatf Crestwood - Section III SubdivisionUpon the recommendation of the County Planning Board, and upon motionby Commissioner James W Cash, duly seconded by Commissioner John M Bookerand carried, the Crestwood - Section III Subdivision, D R Wells, owner, locatedState Road # 1526, Cleveland Township, 16 lots lots #10 through #26 final phaserestrictions subject to approval of the public road by the Department of Trans- portation; and approval of Performance Bond contract signed with S T Wooten;was approved and the Chairman authorized to execute the plat7 Billboard Ordinance - AdoptedThe board again discussed at length the proposed Ordinance to RegulateSigns and Screening Along US Highway Routes and NC Highway Routes in JohnstonCountyThe County Manager reviewed the following changes suggested by theJohnston County Planning Board at their December 19, 1985, meeting1 Section 30 - include 1 -95 in the ordinance; 2 Section 40 - reducethe distance off the State right -of -way and US Highways right -of -way from 100feet to 50 feet and on NC Highways from 60 feet to 30 feet; 3 Section 51 - reducethe buffer area to 15 feet; 4 Section 81 - amortization of nonconforming signsthe Planning Board left as written; the majority, of the Planning Board feltthat if five years was not a sufficient period of time for signs to conform, thetime frame could possibly be extended beyond five years at a later dateThe County Manager stated he had reviewed and studied the ordinanceand recommended it as the County Planning Board proposes with above changesBetty Mann of Naegele Outdoor Advertising, spoke stating that Naegeleopposes amortization for any length of timehisJ EWilson, Smithfield advertiser, metwith theboardagain statingposition on the billboard ordinance Mr Wilsonasked theboardfor permissiontothecomplete abillboardnew billboard beside Highway 70near Cutter Labs,even thoughhehadwould be within 1,000 feet of otherbillboardsMr Wilsonexplainedona State permit to erect this sign whenbillboardsthe countyplaceda moratoriumIn considering Mr Wilsons request, the board pointed out thats wherea lot of criticism about billboards came from because of the large number ofbillboards on Highway 70 near Cutter LabsAfter a lengthy discussion, Commissioner Howard Benton moved that theOrdinance to Regulate Signs and Screening Along US Highway Routes and NCHighway Routes in Johnston County be adopted; with the recommended changesof the County Planning Board # 1,23; and further that the Amortization ofNon - Conforming Signs read all conforming signs shall be removed or made con-forming within 10 years from the effective date of this ordinance and that compen-sation for removal of nonconforming signs be paid when and if monies becomeavailable See Ordinance Book # 1 pages 503 through 511 ; for complete and detailordinanceCommissioner John M Booker seconded the motion which was carried by unan-i ous voteJanuary 6, 1985 ContinuedIn response to Mr Wilsons request; the board instructed him to makeapplication to the County Planning Board for a variance to Section 4357 ano two structures shall be spaced less than one thousand 1000 feet apart ;and that they would recommend to the Planning Board they go along with thevariance The board asked the County Manager to relay this recommendation tothe Planning Board8 Landf i l l Request for KenlyKenly Mayor Ernest Wilkinson, Jr asked the county -to operate a landfillon a five acre tract owned by the Town of Kenly Mayor Wilkinson told the boardthe town would be willing to give this tract of land to the county and secureit da i I y, if the county wouI d agree to operate as a I andfi I I After discussion, the board asked the County Manager to check into thematter to determine if this proposal would be feasible or of any value to thecounty9 Kenly Granted Funds for Sewer ProjectErnest Wilkinson, Jr, Mayor of Ken I y, met with the board requestingthe County Commissioners grant 95,000 to the Town of Kenly from the countysallocation of State Clean Water Bond funds for sewer projects Mayor Wilkinsonexplained these funds will be used to construct an additional 60,000 gallons perday of treatment capacity in the Kenly Treatment Plant currently in design Hefurther stated that the 60,000 gallons per day capacity could be reserved foruse by the Town of Micro; and in the event it is determined that Micro will notrequire this capacity, it could be used for future commercial and industrial growthfor the Kenly areaAfter discussion, Commissioner Frank B Holding moved the Town of Kenlybe granted 95,400 from the countys allocation of State Clean Water Bond moneyto build an additional 601000 gallons per day of treatment capacity into the KenlySewage Plant currently in design, and further this 60,000 gallons per day treatmentcapacity to be reseved for the Town of Micro and North Johnston High SchoolCommissioner John M Booker seconded the motion which was carried unan-imously10 Appointment - Clayton Planning and Zoning BoardCommissioner James W Cash moved that Ralph Crabtree, 1306 Tulip Street,Clayton, be appointed as an out -of -town member to the Clayton Planning andIZoning BoardCommissioner Frank B Holding seconded the motion which was carriedunanimously11 Appointment - Smithfield Planning and Zoning BoardCommissioner John M Booker moved that Mike Whitley, Route # 4, Smithfield,be reappointed as an out -of -town member to the Smithfield Planning and ZoningBoard for a three year termCommissioner Frank B Holding seconded the motion which was carriedunanimously12 Appointment - Council on the Status of WomenCommissioner James W Cash moved that Jane Holding, Smithfield, CarolynHolder, Smithfield, and Margaret A Vaughn, Selma, be appointed to the JohnstonCounty Counci l on the Status of Women for a two year term effective February,1986Commissioner John M Booker seconded the motion which was carried byj unanimous vote13 Administrative ReportsThe County Manager reported that according to a new state report JohnstonCountys 1984 population was estimated at 75,012; Johnston Countys populationhas increased by 68 per cent since 1980fiiiIIMJanuary 6, 1986 ContinuedThe County Manager made a county financial report to the Board of Commissioners;Revenues; interest earned; and ad valorem taxes collectedThe County Manager reminded the board of appointments to be made in FebruaryThe County Manager advised the board that Governor Martin had proclaimed theweek of February 23 - 28th as County Government Week; and he is working ona County Publication; hopefully to be ready for distribution at that time14 Boat Ramp at Richardson-,Is Bridge Bentonville Township Neuse RiverThe County Manager reported that the North Carolina Wildlife ResourcesCommission had responded to the problem concerning abuses of the public boatramp area at Richardsons Bridge, Bentonville Township; and will be workingto help improve this problem, with the assistance and cooperation of the JohnstonCounty Sheriffs DepartmentNOTE The Chairman did not return after lunch for the afternoon sessionNOTE The Vice Chairman presided15 Retirement System Complaint - Sheriffs DepartmentFreddy Narron, Chief Deputy, met with the board with much concern re-garding retirement benefits for six deputies in the Sheriffs Department TheChief Deputy stated that when these six employees came to work with the SheriffsDepartment they were put under the Local Government Employees Retirement System;and at the time they could have switched over to the Law Enforcement OfficersRetirement System, they were not given the opportunity to do so At the timeother deputies were hired they were placed under the Law Enforcement OfficersRetirement System; and were receiving greater benefits than those officers underthe Local Government Employees Retirement SystemThe County Manager explained that when the North Carolina General Assemblylast year merged the two retirement plans into one, the deputies under the LawEnforcement Officers Retirement Plan had large annunities, but the six deputiesunder the Local Government Employees Retirement System had none The reasonfor this was that the County had contributed more than was required by theState However, the County Manager also explained that the county had beencontributing equal amounts for each county employee to both plans, not knowingof the difference in benefits until the merger took placeThe Chief Deputy feels that he and the other five deputies have beenpenalized unfairly He asked the board to make some fair compensation to thesesix employeesThe board discussed this matter at length; advising they would takethis request under consideration16 Public Hearing - Beulah Fire District - Annexation of BoundariesAt 2 oclock pm, the Vice Chairman opened the Public Hearing on theproposed annexation of the Beulah Fire District boundaries to a five mile districtThe Vice Chairman called for comments from the audience for or againstthe proposed annexation There was no opposition to the annexation of the BeulahFire District boundariesUpon a motion by Commissioner Howard Benton, duly seconded by Commis-sioner James W Cash and carried by unanimous vote, the following resolutionwas adoptedRESOLUTIONWHEREAS, the matter of fixing and declaring the amended boundariesof the Beulah Fire District was duly presented;AND WHEREAS, it appears that the Beulah Fire District has complied withminimum requirements, as contained in the resolution adopted by the Board ofCounty Commissioners on October 3, 1955, pertaining to the establishment of FireDepartments and Fire Districts in Johnston County; and with General Statute 69 -2511Changes in Area of District;AND WHEREAS, the enlargement of its fire district has met the approvalof the North Carolina Fire In urance Rating Bureau;January 6, 1986 ContinuedNOW, THEREFORE, BE IT RESOLVED that the boundaries of the Beulah FireDistrict to be served by the Kenly Fire Department be amended and officiallydesigned and fixed as followsBEGINNING at the Wayne - Wilson County line on NC Highway #581,thence in a northerly direction in Wilson County to a point on Langston Road #1663, 08 mile east of its intersection with NC #581; thence in a northerlydirection to a point on Kirby Road #1662, 13 mile east of its intersection withNC #581 ; thence in a northerly direction crossing ACL Railroad, to a pointon US #3011 16 mile northeast of its intersection with NC #581; thence ina northerly direction to a point on road #1108, 14 mile east of its intersectionwith St Marys Road #1100; thence in a northerly direction to a point on St1north of its intersection with Road #1106; thenceMarys Roa d #1100, 07 milein a northwesterly direction to a point on Road #1103; 05 mile east of itsintersection with Road #1106; thence in a northwesterly direction to a pointon Road #1106, 05 mile north of its intersection with Road #1103; thencein a westerly direction to a point on NC #581, 05 mile north of its intersectionwith Road #1195; thence in a northwesterly direction to a point on road #1179,at its intersection with NC #581; thence in a westerly direction to a point onRoad #1119, 02 mile west of its intersection with Road #1179; thence in a north-westerly direction to a point on Road #1120; 07 mile north of its intersectionwith Road #1121; thence in a southwesterly direction to a point on Road #1121;07 mile west of its intersection with Road #1120; thence in a westerly direction,crossing the Wilson - Johnston County line into Johnston County, to a point onGlendale Road #2148; 06 mile north of its intersection with Road #2156; thencein a westerly direction to a point on Road #2156, 06 mile northwest of its inter-section with Road #2148; thence in a southerly direction to a point on Road #2158,04 mile west of its intersection with Road #2148; thence in a westerly directionto a point on NC #222, 11 mile northwest of its intersection with GlendaleRoad #2148; thence in a southerly direction to a point on Holland Road #2159;08 mile northwest of its intersection with Glendale Road #2148; thence in asoutherly direction to a point on -Glendale Road #2148, 05 mile southwest -fromI, Buffalo Swamp; thence in a southerly direction to a point on Buffalo Road #2110,17 mile north of its intersection with Old Beaulah Road #2143; thence in asouthwesterly direction to a point on Glendale Road #2148, at its intersectionwith Road #2146; thence in a southwesterly direction to a point on Old BeulahRoad #2143 07 mile west of its intersection with Road #2144; thence in a south -easterly direction to a point on Road #2144, 09 mile south of its intersectionthence in a southeasterly direction to a point onof Old Beulah Road #2143,US 301 at Bagley intersection of US #301 and Road #2339; thence in a south -I easterly direction, crossing ACL Railroad and 1 -95, to a point on Road #2335,02 mile east of its northerly intersection with Road #2339; thence in a southerlydirection to a point on Road #2335 at its southerly intersection with Road #2339;thence in a southerly direction, to the intersection of Richardson Road #2341,thence in a southerly direction to a point on Road #1001, 04 mile west of itsintersection with Road #2341; thence in a southeasterly direction to a point onPrinceton Road #2342, 08 mile south of its intersection with Road #1001; thencein a easterly direction to a point on Road #2356, 01 mile west of its intersectionwith Road #2355; thence in a easterly direction to a point on Road #2356, 01mile east of its intersection with Road #2355; thence in an easterly directionto a point on Hickory Cross Road #2354, 08 mile southeast from its intersectionwith Road #2357; thence in a northeasterly direction to a point on Road #2357,04 mile southeast of its intersection with Road #2353; thence in a northeasterlydirection to a point on Road #1001 at the Johnston - Wayne County Line; thencein a northerly direction, following the Wayne County line to the point of beginningUpon a motion by Commissioner John M Booker, duly seconded by Com-missioner Howard Benton and carried, the board adjournedNorman C Denning, ChairmanFrank B Holding, Vice Chairmani411eanor N CreechClerk to the BoardDetailsAnnotationsEntry PropertiesModified11192013 10333 PMCreated4162003 102828 AMTemplateMinutesFieldsMinutes - TypeRegularMinutes - Date161986Book17