March 3, 1986 - 10:00 AM - County Board of Commissioners Meeting Minutes

Meeting of Board of Commissioners for Johnston CountMarch 3, 1986The Johnston County Board of Commissioners met in regular session Monday,March 3, 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 Attorney ,The Chairman called the meeting to order and the following business wastransacted1 MinutesThe Chairman asked if there were any corrections to the minutes of theFebruary 3, 1986, board meeting There being no corrections, the Chairman declaredthe minutes stand approved as recorded2 Mental Health - Computer Bids and Contract AwardedPursuant to advertisement and authorization of the board, bids for newcomputer equipment for the Mental Health Center were received and opened on Feb-ruary 18th as follows1HHB Associates, Goldsboro,NC 26, 7852Governmental Programming,Goldsboro, NC 26,9853Data General, Raleigh, NC 32, 965Afterdiscussion and review ofthe above bids,Commissioner Howard Bentonmoved thatbethe contract for new computer equipment for the Mental Health Centerawarded to HHB Associates, Goldsboro,NC, low bidder,26,785Commissioner John M Booker seconded the motionwhich carried by unanimousvote3 Wilsons Mills Water Line - Bids and Contract AwardedPursuant to advertisement and authorization of the board, fourteen bidsfor water improvements on US 70A to Wilsons Mills were received and openedon February 25th as follows1 R B Contracting, Princeton, NC2 Boykin Construction Company, Ken I y, NC3 W E Blackmon Construction Co, Smithfield, NC4 James Paul Edwards, Smithfield, NC5 S T Wooten Construction Co, Wilson, NC6 Hendrix - Barnhill Co, Inc, Greenville, NC7 T A Loving Company, Goldsboro, NC8 Myrick Construction Co, Biscoe, NC9 Don Nifong Construction Co, Lexington, NC10 Billings and Garrett Utilities, Raleigh, NC11 K R Construction Co, Inc, Middlesex, NC12 Herring R i venbark, Inc, Kinston, NC13 H W Inc, Seven Springs, NC14 Hawley Construction Co, Kenly, NC 312, 85430 5 330, 301 65 5 304,26175 5 282, 81532 5 334147860 5 368, 82080 5 357190250 5 339,70240 5 321,51850 5 372, 42500 5 361,42100 5V,- 300 13409 5 314, 70080 5 286, 02600 5After discussion and review of the above bids; and upon recommendationof the engineers and staff, Commissioner James W Cash moved that the contractfor water improvements on US 70A to Wilsons Mills be awarded to James PaulEdwards, Smithfield, NC, low bidder, 282,81532vote Commissioner Howard Benton seconded the motion which carried by unanimous4 Wilsons Mills Community Development Project - Street Improvements andWater Distribution FacilitiesPursuant to advertisement and authorization of the board; eight bids for streetimprovements and water distribution facilities for the Wilsons Mills CommunityDevelopment Project were received and opened on February 25th as follows2W E Blackmon ConstSm?ithf iel d, NC-53;aQ71,94820125,717703James Paul EdwardsSmithfield, NC60, 3985066, 53470126P833204S T Wooten ConstrWilson, NC53,446,5090,58700144,033505Shackelford Paving CoNC62,9250092,94700155,87200or ABC revenue;Wilson,loan; with interest to be workedout as granted6H W, IncSeven Springs, NC6125572560106400121621257W E Garrison GradingRaleigh, NC910975010272650193,824008John T Harris Const CoWarrenton, NC63, 0120085,26500148,27700After discussion and review of the above bids; and upon recommendationof the engineers and staff; Commissioner James W Cash moved that the contractfor street improvements and water distribution facilities for the Wilsons MillsCommunity Development Project be awarded to R B Contracting of Princeton, lowbidder, 121,17915Commissioner John M Booker seconded the motion which carried by unanimousvote5 Water Supply - Town of BensonMayor Charles Matthews of Benson, and town commissioners, met with theboard with two requests; 1 that the county extend the water line from Four Oaksto Benson, so Benson can connect to the countys central water system; and 2for financial assistance to expand their waste treatment facilityMayor Matthews explained that Bensons water supply now comes from ground-wells and from Dunns water plant located on the Cape Fear River He continuedthat Benson could continue to buy water from Dunn; however, Dunn would needto expand, if they are to continue to purchase water from that source; and furtherthey prefer to buy water from Johnston County The Mayor also pointed out thatBenson will reach its present capacity within the next two to three years; at presentBenson uses about 850,000 gallons per day; Chicopee will need more water; waterwill be needed to serve the 1 -40 Rest Area; and a water line along 301 from FourOaks to Benson would serve the future growth in these areas; it would serve SouthJohnston High School; and this extension would benefit the county as a wholeMayor Matthews further stated to the board, Bensons main concern isto make sure they are capable of accommodating the growth in southern JohnstonCounty to meet the needs; and Benson would like to phase out the groundwel l sbecause of the, high iron content Cost of _a 16 inch line from Four Oaks to Bensonwould be approximately 1,932,000liIIThe Mayorasked the boardfor a definite commitment as soon as possiblefor sometime to run a water line from Four Oaks to Benson; with the timetable2 MayorMatthews alsoasked the board to provide 100of the cost toexpand the wastetreatment plantthrough assistance in the amountof approximately{8D0, 000 over thenext three years;a 300,000 grant from Clean WaterBond moneycognizing the need well in advance and for planning for future growthor ABC revenue;and a 500,000loan; with interest to be workedout as grantedto other townsThe Mayor toldthe board Benson has committedits Clean WaterBond money of 120,000 to the WasteTreatment PlantliIIIn response, the Chairman stated it has been the intent of this boardfor sometime to run a water line from Four Oaks to Benson; with the timetableof two to three years the county will be in a better position to do this CommissionerHoward Benton said, the county will eventually have to run the water line toBenson; Four Oaks to Benson is the only link missing in the criss -cross countywide water line Commissioner Benton commended Bensons town officials for re-cognizing the need well in advance and for planning for future growthMarch 3, 1986 ContinuedCommissioner Frank B Holding stated he is very enthusiastic about thewater and sewer project, but he is concerned that the county will be losing RevenueSharing money; he is however hopeful that the State will continue to approve moneyfor towns and counties for water and sewer improvements Commissioner Holdingfurther stated that he supports Bensons request; developing utilities is essential;some of the best money the county has spent is to have utilities in place to offerjobsThe board advised, Mayor Matthews and Benson town officials, that theywould have an answer on the water line request within the next 30 to 60 days;and further the Waste Treatment Plant request would be taken under advisementThe County Manager reminded Benson officials that the cost of water fromthe county could possibly be higher than what they are paying Dunn Mayor Matthewsindicated that Benson would be willing to pay the countys price to have twoavailable sources of water6 Public Hearing - Amendments - Subdivision Ordinance and Mobile HomePark OrdinanceThe Chairman opened the Public Hearing on Amendments to Johnston CountySubdivision Ordinance and Mobile Home Park Ordinance ; Subdivision OrdinanceArticle VIII, Section 3; and Article VII, Page 9, Section 805, Street Names; andMobile Home Park Ordinance Article IX, Design Standards, B Streets; and askedthe audience if anyone wished to be heard for or against the proposed amendments1 John Shal lcross of Smithfield, stated he is developing a 72 acre farminto 55 building lots for 80,000 to 85,000 homes; he is opposed to a mobile homepark next to his development without a buffer zone The board advised Mr Shallcross- this issue is not a part of the amendments being considered at this publichearing; however, the County Planner stated the Planning Department has receivedno request for the above mentioned projectThe Chairman called for any other comments regarding the proposed amend-ments There was no response from the audienceThe board discussed the fee schedule as proposed in the Subdivision Ordinance,Article VI 11 Section 3 amendment Commissioner Howard Benton says additionalthought and consideration should be given to the rate structure for future develop-ments Commissioner John M Booker stated he feels more attention needs to beapplied to quality of streets in subdivisions as he sees problems down the road11The Chairman called for any other discussion or comments There beingno one else to be heard, the Chairman declared the Public Hearing closedUpon a motion by Commissioner James W Cash, duly seconded by CommissionerFrank B Holding and carried, the proposed amendments to the Johnston CountySubdivision Ordinance and Mobile Home Park Ordinance approved as follows;to be effective March 3, 1986, at 5 oclock pm;1 Amend Subdivision Ordinance, Article VIII, Section 3,_ to read; Pre-liminary plat - All subdivisions or developments over three 3 lotsmust be submitted to the Johnston County Planning Department bythe first day of the month for that months Planning Board meetingIf the first falls on a weekend, the subdivision will be due by 1200noon on the following Monday Submissions of the preliminary platshall be accompanied by a filing fee of 7500 for all subdivisionsor developments over three lots, and 200 per lot on the final platThe filing fee for plats of three 3 lots or Less is 25002 Amend Subdivision Ordinance, Article VII, Page 9, Section 805, StreetNames, by adding the following paragraph Signs The subdividershall be required to provide and erect street name signs to Statestandards at all intersections within the subdivision or mobile homepark3 Amend the Mobile Home Park Ordinance, Article IX, Design Standards,B Streets, by adding the following to B6 The mobile home parkdeveloper shall be required to provide and erect street name signsto State standards at all intersections within the mobile home parkMarch 31 1986 Continued7 Water Supply - Prison Unit N C Department of CorrectionsThe County Manager advised the board that North Carolina Departmentof Corrections officials have requested a waterline from the oil terminal area to feetthe Johnston County Prison Unit The waterline will be appr o imtely ,000 thisthe Prison Unit requires a 6 inch waterline and will paysize line; water usage for the Prison Unit is approximately 18,000 to 20,000 gallonsper day The Prison Unit is seeking permission to hook on to the county watersystem The Town of Selma is planning annexation of the oil terminal area andwill run a 16 inch waterline to the oil terminal The County Manager asked ifthe board wanted to consider a 16 inch line from the oil terminal to the PrisonUnit; with the county paying the difference; if so, construction could be donealong with Selmas project to the oil terminal Tim Broome, Engineer, recommendednot to cross the Neuse River Bridge with anything less than a 16 inch lineIn discussion of fast growning waterlines, cost, maintenance and etc,Commissioner Howard Benton emphasized the county needs to give much thoughtand consideration to creating a county -wide water authority to deal with waterand waterline mattersAfter further, discussion, Commissioner Frank, B Holding moved that shouldthe oil terminal project progress, that the county share in the cost of a 16 inchwaterline from the oil terminal to the Johnston County Prison Unit county to paythe difference in the cost of a 6 inch line and a 16 inch I i ne Commissioner John M Booker seconded the motion which carried by unanimousvote8 Subdivisions ApprovedUpon the recommendation of the County Planning Board; and upon motionby Commissioner Howard Benton, duly seconded by Commissioner John M Bookerand carried; the following subdivisions were approved and the Chairman authorizedto execute the plats9 Public Hearing - Proposed Condominium Ordinance - Planned DevelopmentA Public Hearing was set for April 7, 1986, at 1030 am to give thepublic an opportunity to address the board on the proposed Condominium Ordinanceto regulate townhouses and condominium development in Johnston County9 Appointments - Antioch Fire DepartmentCommissioner Frank B Holding moved that Johnnie B Oneal, Route # 2,Selma, and Thelbert Hocutt, Route # 2, Kenly, be appointed to the Antioch FireDepartments Firemens Relief FundCommissioner John M Booker seconded the motion which carried by unanimousvote1May I on McLamb Subdivision, May I on McLamb, owner; State Koaa#4 of existing subdivision; final#?`1005; Meadow Township; Lotphase, no restrictions2Lee -Chase Subdivision, Percy Lee, owner; State Road # 1554; ClaytonTownship; 12 lots, final phase, no restrictions3Southwinds I - Phase II; Southwinds Development Co, owner; StateRoad # 1330 State Road # 1517; Pleasant Grove Township; 11lots, final on Phase 11, no restrictions4Clydes Chapel Estates - Section II Section III, Paul White,owner; State Road # 1717; Wilders Township; 4 lots, final phase,no restrictions5Joe Carroll - Section 11, Joe Carroll, owner; State Road 1546, ClevelandTownship; 8 lots; final phase, restrictions, 100 foot setback onLot #56Margaretta I - Section 1, Walton Parker, owner; State Road 2142;Micro Township; 5 lots; final phase, no restrictions7Charles Byrd Subdivision, Charles Byrd, owner; State Road #1168,State Road 1304; Banner Township; 13 lots; final phase, restrictions- 10 foot drainage easement in rear of lots #9 and #109 Public Hearing - Proposed Condominium Ordinance - Planned DevelopmentA Public Hearing was set for April 7, 1986, at 1030 am to give thepublic an opportunity to address the board on the proposed Condominium Ordinanceto regulate townhouses and condominium development in Johnston County9 Appointments - Antioch Fire DepartmentCommissioner Frank B Holding moved that Johnnie B Oneal, Route # 2,Selma, and Thelbert Hocutt, Route # 2, Kenly, be appointed to the Antioch FireDepartments Firemens Relief FundCommissioner John M Booker seconded the motion which carried by unanimousvote669March 3, 11986 Continued11 Appointments - Meadow Fire Protection District BoardCommissioner Howard Benton moved that Robin H Johnson, Route # 2, Benson,Anthony Godwin, Route # 2, Benson, and Samuel Johnson, Route # 2, Benson, be cappointed to the Meadow Fire Protection District Commission - for 2 year termsvote Commissioner James W Cash seconded the motion which carried by unanimous12 Appointment - Capital Health Systems Agency, IncCommissioner Frank B Holding moved that Commissioner Howard Bentonbe appointed to the Capital Health Systems Agency Board of Directors to serveuntil December 31, 1986vote Commissioner John M Booker seconded the motion which carried by unanimous13 Appointment - Johnston -Lee Community Action BoardCommissioner John M Booker moved that Helen R Holt, Four Oaks, bereappointed to the Johnston -LeeMarch, 1986 Community Action Board for a two year term effectivevote Commissioner Frank B Holding seconded the motion which carried by unanimous14 Interlocal Agreement - Town of Clayton Funds for 201 ProjectThe County Manager explained to the board the County Attorney had prepareda contract and Interlocal Agreement, as recommended by Everett Chalk with theNorth Carol ina Local Government Commission, between the county and the Townof Clayton in reference to the boards agreement to make a loan in the amountof 650,000 to Clayton for its 201 Project; and further staff recommends the boardapprove the contract and authorize the Chairman to sign the contractAfter discussion, Commissioner James W Cash moved the Interlocal Agreementbetween the Town of Clayton and Johnston County be approved and the Chairmanauthorized to sign the contractThere being no second, Commissioner Cash withdrew his motion15 Resolution - Supplemental Retirement Income Plan of North Carolina 401kThe County Manager explained that the board must adopt the SupplementalRetirement Income Plan of North Carolinas resolution before our law enforcementofficers can participate in the plan; the plan is also available for other employeesHe further explained that contributions are voluntary and the county is not requiredto contribute funds to the plan; and that contributions from several employeesare being held without the benefit of earning interest pending the boards adoptionof the proposed resolutionUpon a motion by Commissioner Howard Benton, duly seconded by CommissionerFrank B Holding and carried unanimously, the following resolution was adoptedTHE SUPPLEMENTAL RETIREMENT INCOME PLAN OF NORTH CAROLINARFSOI I IT I nNWHEREAS, the State of North Carolina, by action of the 1984 General Assembly,has adopted the Supplemental Retirement Income Plan of North Carolina pursuantto which the State of North Carolina, its departments, agencies and instrumentalitiesare authorized to provide a supplemental retirement income plan to conform withSection 401k of the Internal Revenue Code of 1954 as amended, andWHEREAS, the governing body of this unit realizes -the necessity of providingits employees with the benefits of the Supplemental Retirement Income Plan of NorthCarol inaNOW,session, 1THEREFORE, beThat the Countyit resolved by theJohnstonBoard of Commissioners inregularmental Retirement Income Planof herebyof North Carolinaelects to participate in theforSupple-the generalemployees 2 That the County oflaw enforcement officersJohnston hereby agreesand orwith all theof the Planprovisions of thePlan and the operatingtoprocedures of the Administratorcomply,?i March 3 1986 ? r ContinuedThat t tha County of Johnston is hereby ordered and directed make?` application to th e Board of Trustees of the Supplemental Retirement Income,aof North Carolina for the enrollment of this Unit and its employees in said PlanCentral -Hi h School Alumni 1G--? the board to considerThe Rev James Bell and Mildred Williams asked h School National Alumnia recreation grant application for Johnston Central Higrenov?poon p ec? uf thent?nue an on-going ` ~xAssociation |nc; so they may co ?_| old Johnston ` Central gymnasium for a community recreation centerRev Bel | explained he had failed to get the application to the Clerkbefore the October 7, 198-5, deaine data17 Recreation Grant Application Deadline Date Order RescindedAfter discussion of the recreation grant application request from JohnstonA| Alumni, for this fiscal year 1985-1986; Commissioner John High School ` the motion _of September 3, 1985, Minute B«»ke ??17M Booker moved t« rescind i grant applications of October^ deadline date for recreation grapage 57? setting a e? ?7, 1985 for the fiscal year 1985-1986,commissioner Frank B Holding seconded the motion which carried byunanimous voteCent High School18 Recreation Grant ```Nation I r`um ca^~| -Upon a motion by Commissioner James Y Cash, duly seconded by Commissionerthe board approved recreationJohn ^ Booker and carried by unanimous vote,grant to Johnston Central High School National Alumni Association, Inc, for theefiscal year 1985-86 in the amount of 2,080 i Date Set? 19 Board c? Equalization? ? The Board of Commissioners agreed to sit as a Board of Equalization| and Review on April 7, 1986, at 11 oclock am? 20, Retirement Benefits Complaint Freddy N?rron Chief Deputy, Sheriffs Department, met with the i board t d on January 6 1?86 to the Board of Commissioners;again to renew his request made i employee s in the Sheriffsthat the county make some fair compensation to the six e p oyeeDepartment regarding their retirement benefitst t d again that at the time he could have changedi The Chief Deputy s a e a t t the Law Enforcement from the Local Governmental- 5 Employees Retirement System o ?d his t to be switched overRetirement System, he was den e s reques After? a lengthy discussion, the board asked the County Manager to contactother counties to see if they have a similar situation, and if so, what they are|doing to resolve the problem `? 1?@6 RescindedOrder of February 21 Clayton Grant 2° Project} C »mm i sioner Frank B Holding explained to other commissioners that he the motion of February 3 1986 Minutew ished to introduce a motion to rescindBoohd # 17, Page G3 to pr ovide 950 000 loan of 650,000 and grant of 300 -000to the Town of Clayton for expansion of the wastewa ter treatment plant CommissionerHolding explained that part of Claytons project involves purchasing land in? which he holds an interestCommissioner James W Cash seconded Commissioner Holdings motion, whichcarried,| F ds Reinstated33 Clayton 201 ProjectCommissioner James W Cash by motion proposed that the county participatei the Clayton 201 Project in the amount of ?95U,OOU in the following manner;n | bonds, if the county chooses to purchase some of Claytons bonds; 650,000 loan150,000 from th e coun tys State Clean Water Bond allocation; and 150,000 00O fr«mto be allocated over three budget years , FY 86-86county ABC revenue; funds? FY 86-87 FY 87-88 the motion which carried by theCommissioner John M Booker seconded n d Nfollowing vote Aye; James W Cash, John M Booker, Howard Benton an orman? C Denning; Nay None Abstaining Frank B Holding?March_ 3, 1986 Continued23 Benson - Water and Sewer — Request for Funds DiscussedCommissioner Howard Benton supporting the Town of Bensons request forfinancial assistance for water and sewer expansions emphasized that he does notwant Benson to feel they are not being treated as other towns when it comes tocounty support for water and sewer projects Commissioner Benton stated, I wantevery town to be fed from the same spoon Commissioner Benton continued, thereis no question about the water or sewer project need; I feel the county shouldgive due consideration and encouragement that the county will help with theseprojects; as the growth of the town is at stake Commissioner Benton stated hewould like for the Town of Benson to know the board w i l l give them the sameconsideration as Clayton has been givenChairman Denning responded the county will do Fall it can as this projectwill be helping the entire countyCommissioner John M Booker stated he is concerned about how much moneythe county has already obligated, but he is also concerned about Bensons needsand request He further emphasized the county must in the future give more con-sideration to the total picture rather than a first come basis CommissionerBooker stated 1°especially with the up- coming courthouse buildinthe county must give much consideration to Bensons request g program; however,24 Water Line Four Oaks to Benson - County CommitmentCommissioner Howard Benton moved that the county extend a water linefrom Four Oaks to Benson in the same manner as water lines have been extendedto other towns; with funding for construction to begin with the July, 1988 budget;with the Town of Smithfield notified of this commitmentCommissioner James W Cash seconded the motion which carried unanimously25 Town of Clayton - Interlocal AgreementCommissioner James W Cash moved that the following Contract and InterlocalAgreement between the County of Johnston and the Town of Clayton be approvedand the Chairman authorized to sign the agreementNORTH CAROLINAJOHNSTON COUNTYTHIS CONTRACT AND INTER - LOCAL AGREEMENT made and entered into this3rd day of March, 1986 by and between THE COUNTY OF JOHNSTON, party of thefirst part; and THE TOWN OF CLAYTON, party of the second part;WITNESSETHTHAT WHEREAS the Town of Clayton has need of the sum of 650,000 fromparty of the first part for improvements to the Clayton Sewer Plant and Clayton201 Project;AND WHEREAS the party of the first part is willing to advance to partyof the second part said sum of 6501000 for improvements to the Clayton SewerPlant and the Clayton 201 Project;AND WHEREAS, the party of the first part considers it in the best interestsof both parties and its citizens to make said advance to said party of the secondpart pursuant to GS 160A -460;NOW, THEREFORE, in consideration of TEN DOLLARS, receipt of which ishereby acknowledged, party of the first part does advance and lend to party ofthe second part the sum of 650,000 for said improvements to the Clayton SewerPlant and Clayton 201 Project for party of the second part under the followingterms and conditions1 County of Johnston wi I I make payment of 650,000 over budget yearsof fiscal 1986, 1987, and 19882 Town of Clayton wi I l repay said sum of 650,000 over a period offifteen 15 years with interest thereon at the rate of Six 6 percent annuallyon the unpaid balance3 This is an Inter -Local Agreement between the Town of Clayton andthe County of Johnston pursuant to GS 160A -460 This agreement is made pursuantto action taken by the Board of County Commissioners, of Johnston County on February3, 1986QMarch 3, 1986 ContinuedThe Town of Clayton has passed a resolution dated , March, 1986,at a meeting of the Mayor and the Board of Commissioners of the Town of ClaytonIN TESTIMONY WHEREOF, said party of the first part has caused thisinstrument to be executed in its name by its duly authorized officers, and saidparty of the second part has caused this instrument to be executed in its nameby its duly authorized officers, on the day and year first above writtenATTESTEleanor N CreechSecretaryATTESTTHE COUNTY OF JOHNSTONBY Norman C DenningChairman, Board of CommissionersJohnston CountyTHE TOWN OF CLAYTONBYMayorTOWN CLERKiCommissioner John M Booker seconded the motion which carried by thefollowing voteAye James W Cash, John M Booker, Howard Benton and Norman CDenningNay NoneAbstaining Frank B HoldingI26 Fireworks Display — Smithfield Optimist ClubCommissioner Frank B Holding moved the Smithfield Optimist Club begiven permission to hold a 4th of July 1986 fireworks display at Bingham Park,Smithfield, NCCommissioner John M Booker seconded the motion which carried by unanimousvote27 Executive SessionIt was moved by Commissioner James W Cash that the Board of Commissionersgo into Executive Session to discuss location of an industrial prospect and forattorney consultationCommissioner Howard Benton seconded the motion which carried by unanimousvoteUpon a motion by Commissioner John M Booker, duly seconded by CommissionerFrank B Holding and carried it was moved that Executive Session be closed andregular session be resumedCommissioner John M Booker moved the board recess until Wednesday,March 12th, at 1 oclock pm, in the County Managers OfficeCommissioner James W Cash seconded the motion which carried by unanimousvote1Norman C Denning, ChairmanEleanor N Creech, Clerk to the BoardfIIDetailsAnnotationsEntry PropertiesModified11192013 22529 PMCreated4162003 103230 AMTemplateMinutesFieldsMinutes - TypeRegularMinutes - Date331986Book17